Middle Eastern countries generally do not permit the registration of trademarks of brands that deal in those goods and services which go against Islamic law. Brands marketing pork and alcohol are unable to register their Intellectual Property. Similarly, foreign companies dealing in the business of gambling, nightclubs, pornography, etc. are also barred from getting their copyright and trademarks registered due to strict laws prohibiting them in most Middle Eastern countries. In this blog, we shall be looking into such forbidden trademarks in Saudi Arabia. The laws of Saudi Arabia are based on Shari'a law hence certain trademarks and patents that are inconsistent with the Shari'a law are forbidden in the kingdom. For the purpose of this blog the words ‘Islamic law' and ‘Shari'a law' are going to be used interchangeably.
The legal system of Saudi Arabia is based on Shari'a law. Therefore, the Kingdom strives to ensure that there is a nonoccurrence of activities that deviate from the principles laid down under theShari'a law. A religious authority named ‘The Commission for the Promotion of Virtue and the Prevention of Vice' (CPVPV) was established in Saudi Arabia long ago to enforce compliance with Islamic law and monitor social conduct. In a nutshell, the mission of CPVPV is to help maintain gender segregation in the public and prevent illegal private contact between men and women, practicing or expressing non-Muslim faiths or denigrating Islam, and exhibiting or selling media running counter to Islam, including but not limited to pornography, production, distribution or consumption of alcohol and committing or facilitating lewdness, including adultery, homosexuality, and gambling.
This is the reason why Saudi Arabia's administration is very stringent about ensuring the consistency of Intellectual property laws with the Shari'a law.The influence of Islamic law in the local culture is the reason why strict censorship is imposed on various contents like in the field of trademark law there is a prohibition under the Trademarks Act against the registration of trademarks pertaining to alcoholic beverages and the services utilized in its sale.
Ergo, the Trademark Office and the Hon'ble courtsof the Kingdom interpret the GCC Trademark Law and the Saudi Trademarks Law in accordance with the principles of Islamic law (Shari'a). In order to comply with the Shari'a law, trademarks covering alcoholic goods and related retail or wholesale services are prohibited within the kingdom.
Article 2 of the Royal Decree No. M/21, 28 Jumada I 1423 [7 August 2002] prohibits the trademark registration of the following:
- Common names that are ordinarily given to products and services and which do not have any peculiar distinctions.
- Expressions/signs/drawings that either violate religion or are similar/identical to a symbol of religious nature.
- Expressions/signs/drawings that are at variance with public order or public morality.
- Any signs, symbols, public emblems, flags, names, or denominations and an imitation of such signs, symbols, public emblems, flags, names, or denominations relating to the Kingdom/ nations with which it has reciprocal treatment/ countries that are a part of the multilateral international treaties to which the Kingdom is also a party/international or governmental organizations. However, if permission is obtained by the owner, the trademark registration shall be considered valid.
- Except if the owner grants permission to use the official signs and imprints that correspond to the Kingdom's control over the products or services, or the guarantee thereof, as well as the countries and organisations that are international or governmental, with which the Kingdom has reciprocal treatment or is a party to the international treaty that they are also a party.
- Unless the trademark is intended to be used on the products or services themselves, or related products or services, the restriction does not apply.
- Geographical names those are likely to cause ambiguity concerning the source and origin of the products or services resulting in the naming of the source without rightful justification.
- Using other people's pictures or trade names without their permission or that of their heirs.
- Statements relating to honorary degrees.
- Statements that are likely to deceive the public or provide inaccurate information about the source of the products or services, as well as trademarks that include a fabricated, mimicked, or counterfeit trade name.
- Trademarks identical/similar to well-known trademarks even if theyare not registered in the Kingdom but the use of such trademark causes damage to the owner of the well-known trademark.
- Trademarks held by natural or legal persons with whom dealing is restricted pursuant to a judgment of the competent authorities.
- Signs and symbols identical or similar to trademarks already filed or registered by others aboutidentical or similar products or services and registration of those trademarks that would reduce the value of others.
In addition, Class 32 of Appendix No. 1 defines the categories of goods and services that utilise the term "non-alcoholic drinks" categorically.
Another, ROYAL DECREE No. M/38 dated 10/6/1409 which throws light on forbidden patents and trademarks in Saudi Arabia in Article 9 states that if the creation or usage is prohibited by Sharia law, a patent will not be granted. Any patent granted to the contrary shall be abrogated. The issuance of a patent to an interested party must not be withheld under this Law, exceptfor patents that are opposed to Islamic Sharia. Further, no patent already granted shall be revoked because the application of the invention is prohibited under the prescribed rules.
Conclusion
Several patents and trademarks cannot be granted and registered respectively in Saudi Arabia as per the laws of the Kingdom which are derived from the Islamic Shari'a. Royal Decrees mention various goods and services for which patents cannot be granted or trademarks not be registered and provides a justification for the same. The laws follow the principle of Islamic Shari'a and if any good/service goes against the Shari'a law, it is not allowed to be granted as a patent, or the registration of it as a trademark is refused. These include alcoholic beverages, products containing pork, pornographic material, etc.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
