RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/SAU/39
27 October 1998
(98-4176)
Working Party on the
Accession of Saudi ArabiaOriginal:  English
ACCESSION OF THE KINGDOM OF SAUDI ARABIA
Implementation of the TRIPS Agreement
The following Action Plan for the implementation of the TRIPS Agreement has been received
from the Ministry of Commerce of  the Kingdom of Saudi Arabia.
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1. The Kingdom of Saudi Arabia had provided detailed information on its intellectual property
regime in document WT/ACC/SAU/5.  All questions received from WTO Members until now have
been replied to, giving information, inter alia , on those aspects of the intellectual property regime which
are in conformity with the provisions of the TRI PS Agreement and those which are not in conformity.
2. Before the fourth meeting of the Working Pa rty on the Accession of Saudi Arabia, the Kingdom
had submitted its proposals on flexibility including fl exibility on TRIPS, requesting a transitional period
of five years.  This proposal was circulated in document WT/ACC/SAU/28.
3. At the fourth meeting of the Working Party, the Kingdom was requested to submit information
illustrating the present situation, the on-going programme and the future programme for the
implementation of the TRIPS Agreement.
4. This paper describes in the following paragraphs  what actions have already been taken, what is
currently being done and what the future progra mme is to ensure implementation of the TRIPS
Agreement.
Steps Already Taken
5. The Kingdom of Saudi Arabia has already taken the following steps:
- Law for the Protection of Copyri ght is already in place since 1989;
- Trademarks Law is in force since 1939 (1358H) as amended in 1984;
- The Patents Law is in existence since 1989;
- a Standing Technical Committee, comprising re presentatives of different Ministries and
Agencies, was established in 1996 to review intellectual property laws and to make
necessary preparations and plans for implementation  of the TRIPS Agreement;
- the Technical Committee has already identified the provisions in the Kingdom's Copyright
Law, Trademarks Law and Patent Law which are in conformity with the provisions of theWT/ACC/SAU/39
Page 2
TRIPS Agreement.  It has also, importantly, identified areas where those laws are not in
conformity with the TRIPS Agreement and would need to be amended;
- the Technical Committee has closely followed and studied the work and activities of the
WTO and WIPO in relation to intellectual property with a view to monitoring the
preparations for the implementation of the TRIPS Agreement;
- concerned Ministries, Departme nts and Agencies have also established internal units to
review the intellectual property regime and to prepare for implementing the TRIPS
Agreement;
- in May 1997, the highest religious authorities in Saudi Arabia issued a religious edict
prohibiting software piracy;
- in October 1997, a two-day seminar on TRIPS was organized in Riyadh in cooperation with
the International Intellectual Property Alliance II PA, Washington DC;
- a cooperation programme with WIPO to assist  Saudi Arabia to reform its intellectual
property regime was initiated in March 1998;
- a WIPO advisory mission to Riyadh on automation was undertaken in May 1998.
On-going Programme
6. Work is in progress on the following activities:
- preparation of a draft Law on Industrial Designs;
- preparation of a draft Law on Unfair Compe tition.  This law will cover the protection of
undisclosed information;
- enhancing public awareness of intellectua l property issues through the media;
- upgrading the existing information systems and network of Trademarks and Patents
Offices.
Future Programme
7. With the target of implementing the Agre ement on TRIPS, hopefully by December 2003, the
following programme will be carried out:
A. Legislation
- Amendments and improvements will be made to the existing Copyright Law, Trademarks
Law and Patent Law during the years 1999 and 2000, so as to make these fully consistent
with the provisions of the TRIPS Agreement.
- New TRIPS-consistent laws on Industrial Designs and Unfair competition will be enacted
hopefully by December 2001.
- Draft of a Law on Layout Designs of Integrat ed Circuits and a law on Plant Varieties will
be prepared in consultation with WIPO experts in the years 1999 and 2000.  After necessaryformalities, both laws will be enacted hopefully by December 2002.WT/ACC/SAU/39
Page 3
B. Implementing Regulations, Procedures and Manuals
- After the laws described above have been en acted, implementing regulations, administrative
procedures, guidelines and manuals will be prepared and finalized hopefully by
December 2002.
C. Administrative Infrastructure
- The existing administrative infrastructure for implementing and enforcing different
intellectual property laws and regulations will be reviewed, improved and strengthened.
The process will start in 1999 and hopefully be completed by December 2002.
- Patent Office, Trademarks Office and Copyright Office will be restructured.
- Establish points of contacts at the Ministries and Agencies concerned.
- The computerization of the administration of patent and trademark registration and granting
procedures will be developed further.
D Automation
- Establish an information systems network lin king the offices of Copyrights, Trademarks
and Customs to provide for exchange and tim ely updates of information, in consultation
with WIPO.
- Establish a link to the WIPO Global Informa tion Network when it becomes operational, in
consultation with WIPO.
E. Enforcement
- Enforcement laws and procedures consistent with the provisions of the TRIPS Agreement,
including Customs procedures, will be put in place hopefully no later than December 2002.
- Officials and staff have to be thoroughly trained.  Full and effective enforcement is
envisaged to be ensured by December 2003.
F. Training and Human Resource Development
- Implementation of intellectual property laws, es pecially enforcement, will depend to a great
extent on the quality and competence of official s and staff of Ministries and Departments
concerned.  A comprehensive training programme will be implemented regularly inconsultation with, and with the technical a ssistance of, WIPO beginning next year and
completed by December 2003.
G. Synoptic Table
- A synoptic table on the action programme is attached.WT/ACC/SAU/39
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Action Plan for the Implementation of the TRIPS Agreement
Areas of TRIPS What has already been  done On-going work Future programme
1.  Copyright and related
rightsLaw for the Protection of Copyright
already operative since 1990Conformity of Saudi law with the TRIPS
Agreement under study.  Points of
conformity and non-conformity beingidentified by a Technical Committee.Amendments to the existing Law will be
made during the years 1999 and 20000.
2.  Trademarks Trademarks Law in force since 1939, as
amended in 1984.Conformity of Saudi law with the TRIPS
Agreement under study.  Points of
conformity and non-conformity being
identified by a Technical Committee.Amendments to the existing Law will be
made during the years 1999 and 20000.
3.  Patents The Patent La w already operative since
1989Conformity of Saudi law with the TRIPS
Agreement under study.  Points of
conformity and non-conformity being
identified by a Technical Committee.Amendments to the existing Law will be
made during the years 1999 and 20000.
4.  Geographical indi cations Provision exists in the present
Trademarks Law.The Technical Committee has studied the
issue and is of the view that the provision
is consistent with the TRIPS Agreement.WIPO will be consulted and if it is
determined that the existing provision is
not fully consistent with the TRIPS
Agreement, it will be suitably revised andincorporated in the revised Trademarks
Law (Ref. 2 above)
5.  Industrial designs The Technical Committee discussed and
examined the issue.  No law at presentDraft Law on Industrial Designs under
preparationLaw on Industrial Designs will be enacted
hopefully by December 2001.
6.  Plant varieties The Technical Committee discussed and
examined the issue.  No law at presentPossible amendment to the existing Patent
Law under study by the TechnicalCommitteeProvisions on plant varieties may either
be incorporated in the Patent Law, or aseparate law may be framed and enacted
hopefully by December 2002.
7.  Layout designs ofintegrated circuitsThe Technical Committee has examined
the issue.  No law at presentConsultations with WIPO on the drafting
of a new law.Law on Layout-designs of Integrated
Circuits will be enacted hopefully by
December 2002.
8.  Protection ofundisclosed informationThe Technical Committee has studied and
examined the issue.Draft law on unfair competition, including
protection of undisclosed information is
under preparation.Law will be enacted hopefully by
December 2001.WT/ACC/SAU/39
Page 5Areas of TRIPS What has already been  done On-going work Future programme
9..  Enforcement Enforcement measures regarding
copyright piracy and counterfeit goods
already taken.
Existing laws provide penalties and
punishment.
In May 1997 the highest religious
authorities in Saudi Arabia issued a
religious edict prohibiting softwarepiracy.
In October 1997, a two-day seminar on
TRIPS was held in Riyadh
Officials of intellectual property
authorities have been participating in
many international seminars and
workshops in the related fields.Conformity of Saudi Arabia's existing
enforcement laws and procedures with the
provisions of the TRIPS Agreement is
under study by the Technical Committee.
Points of conformity and non-conformity
being identified.
A plan for training of officials of different
Ministries and Departments is underpreparation for effective enforcement.Enforcement laws and procedures
consistent with the TRIPS Agreement,
including Customs procedures, will be put
in place hopefully by December 2002.
An intensive training programme for
intellectual property officials of different
Ministries and Departments, customs
officials and judges is envisaged to be
ensured by December 2003.
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