Saudi Arabia unveils new body to tackle IP crime
The creation of the Intellectual Property Prosecution signals tougher stance on IP crime | Cases likely to cover patents, schematic designs of integrated circuits, plant varieties, and industrial models | Move comes after the country faced years of criticism over allegations that it enabled pirated sports broadcasting.
Saudi Arabia has launched a new IP body to investigate and initiate criminal proceedings in cases that violate IP rights.
The Public Prosecution Council, led by attorney general, Sheikh Saud bin Abdullah Al-Mujab, gave the green light to the establishment of the Intellectual Property Prosecution, on February 14, 2023.
This development is a part of the National Intellectual Property Strategy, launched December 2022, by Prince Mohammed bin Salman bin Abdulaziz Al-Saud, Crown Prince and Prime Minister of Saudi Arabia.
The Intellectual Property Prosecution is designed to provide an environment dedicated to organising, developing, and delivering judicial services in the field of IP.
With an emphasis on achieving the goals outlined in the country’s Vision 2030, the establishment aims to streamline the governance of criminal cases related to IP.
Specialising in the investigation and initiation of criminal proceedings, the new body will focus on cases involving the violation of IP rights as established by the trademark law and the copyright protection law.
The Saudi Authority for Intellectual Property will refer selected cases to the new body, which are likely to cover patents, schematic designs of integrated circuits, plant varieties, and industrial models.
Saudi Arabia’s national IP strategy
In December 2022, Saudi Arabia launched its national IP strategy to support the goals of Saudi Vision 2030.
Designed to attract investments by leveraging Saudi Arabia's strategic investments in projects such as The Line and Neom, the strategy’s goal is to boost the competitiveness of IP-based products.
These developments come after Saudi Arabia has faced increased scrutiny over its own history of allegedly enabling IP infringements over the past decade.
In February 2021, the International Olympic Committee requested the US to keep Saudi Arabia on a piracy watchlist leading up to the upcoming Summer Olympics in Tokyo.
Scrutiny of Saudi broadcasters
The US Trade Representative's office annually curates a Priority Watch List based on submissions from rights owners suggesting countries for inclusion.
Saudi Arabia had faced years of criticism, primarily due to the actions of the now defunct pirate broadcaster beoutQ, which was believed to be based in the Kingdom.
BeoutQ stood accused of stealing exclusive broadcast feeds from Qatar-based BeIN Media and distributing them across the Middle East and North Africa (MENA) region without permission.
In 2017, the Saudi Kingdom blocked Qatari broadcaster, beIN Media from enforcing its IP, broadcasting, or streaming in the country, enabling pirate sports broadcasters such as beoutQ to fill the gap in providing sports content in the region.
The Kingdom had cited security concerns in justifying the ban, but the World Trade Organization found that this was not enough to explain the lack of criminal sanctions against such piracy, and accused the state of failing to meet its TRIPS Agreement obligations.
This ban was lifted in October 2021 and beIN resumed its service in the region. However, just a year later, Saudi Arabia once again reportedly blocked beIN at the start of the World Cup.
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