The Saudi Authority for Intellectual Property (SAIP) is preparing to roll out a new electronic enforcement system known as “Tahaqaq”, marking what could become one of the more substantial procedural developments in Saudi Arabia’s customs-based anti-counterfeiting landscape in recent years.
The platform, which is expected to be introduced initially through a pilot phase, is intended to create a centralized interface between Customs authorities, trade mark owners, and their appointed representatives for the handling of suspected counterfeit shipments entering the Kingdom.
While Saudi Customs has long maintained an active role in border enforcement, the forthcoming mechanism introduces a notably different operational structure from the traditional detention procedures commonly relied upon in trade mark infringement matters.
Under the new system, rights holders will have the ability to electronically register their trade marks by class through the platform. Once onboarded, brand owners and their local representatives may receive automated notifications whenever Customs identifies goods suspected of infringing recorded marks.
A key distinction under the proposed model is that suspected consignments may not remain physically detained by Customs during the full verification period. Instead, importers may be allowed to retain the goods after submitting formal undertakings confirming that the products will not be sold, circulated, or otherwise disposed of until authenticity assessments are completed. Customs authorities would preserve samples of the shipment and electronically transmit supporting materials, including photographs and shipping documentation, to the relevant rights holder for examination.
This effectively shifts part of the verification process into a digital review framework, enabling trade mark owners to assess suspected products remotely before determining whether the goods are counterfeit.
Once infringement is confirmed, the system appears to contemplate two separate enforcement paths.
Where the rights holder decides not to pursue a civil claim, the matter may still proceed through criminal channels initiated directly by the competent authorities. In those circumstances, enforcement would continue primarily as a public prosecution matter without ongoing participation from the trade mark owner.
Conversely, if the rights holder elects to initiate civil proceedings, parallel criminal action may also be pursued. This route would likely allow brand owners and their representatives broader procedural visibility and closer involvement throughout the matter.
SAIP has indicated that the platform’s implementation will occur progressively. The first rollout stage is expected to cover a limited number of randomly selected trade marks and customs ports as part of a controlled testing environment aimed at evaluating functionality, identifying technical gaps, and collecting user feedback.
During a later transitional stage, the new mechanism is expected to operate simultaneously with the current reporting framework before eventually replacing it entirely across Saudi customs ports.
Alongside the technical rollout, SAIP has also announced supporting measures intended to facilitate adoption of the system, including account creation for IP representatives, training sessions for users, technical assistance channels, and dedicated feedback mechanisms.
From a practical perspective, the initiative reflects Saudi Arabia’s continuing investment in modernizing intellectual property enforcement infrastructure and increasing reliance on digital coordination tools within administrative enforcement procedures. It also suggests a growing emphasis on faster communication between authorities and rights holders, particularly in customs matters where response timing and evidence assessment can significantly impact enforcement outcomes.
Although participation in the platform is reportedly optional at this stage, rights holders were encouraged to register their trade marks in order to ensure continued receipt of notifications relating to suspected counterfeit shipments intercepted by Customs authorities.
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