Saudi Arabia
Answer ... Most companies will register their trademarks with the Saudi Authority of Intellectual Property prior to entering the market. Furthermore, there is an obligation under the Implementing Regulations to include in the disclosure document all trademark data used to distinguish the franchise business model. Trademark registration in Saudi Arabia provides first-to-file priority.
Saudi Arabia
Answer ... It is common for the franchisor to protect its intellectual assets contractually, in order to prevent the recipient from using or disclosing the trade secret information (eg, a non-disclosure agreement). To further enhance the protection of its intellectual assets, the franchisor should ensure that any disclosure is done in the strictest of confidence.
One way to achieve this is for the franchisor to require the franchisee’s owners, key personnel and/or senior managers to sign a non-disclosure agreement directly with the franchisor. The franchise agreement should be specific about what the franchisor’s trade secrets are and include adequate protection provisions and enforcement rights.
The parties should ensure that acknowledgement of copyright ownership is specified in the franchise agreement. Such material is often translated into Arabic or, in the case of marketing material, tailored for use to suit market conditions. It is important that the franchise agreement is clear as to which party owns the copyright in the translation or modifications to the franchisor’s copyrighted materials.