Saudi Cultural Missions Theses & Dissertations
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Item Restricted TRADEMARK PROTECTION IN SAUDI ARABIA(Saudi Digital Library, 2023-08-27) Albader, Muath Waleed; Jacobus, Laura; Bendistis, Brett; Grena, EileenThe establishment of a sophisticated legal framework for protecting trademarks is imperative for enterprises to protect their capital, attain a competitive edge, generate income, and obtain legal recourse in the event of trademark infringement or unauthorized usage. The creation of a distinctive identity that sets apart the products and services of a business from those of its competitors serves as a means of safeguarding the business's investment. The establishment of a distinctive identity can contribute significantly to the generation of revenue and the attainment of a competitive edge by fostering brand recognition and customer loyalty. Furthermore, the presence of sophisticated legal safeguards guarantees that trademarks owners can sustain a fair and equitable business environment, thereby preventing unjust competition that may have substantial repercussions on the economy. Consequently, inadequate safeguarding of trademarks can result in noteworthy adverse effects for organizations, such as heightened rivalry, diminished earnings, and restricted prospects for expansion. Hence, it is imperative for organizations to guarantee sufficient protecting of their trademarks in order to evade such unfavorable consequences. The Kingdom of Saudi Arabia implemented the GCC Trademark Law in 2015 as a means of enhancing the safeguarding of trademarks. This law represents a significant advancement in safeguarding trademarks, particularly those that are widely recognized. The legislation additionally provided trademark proprietors with various legal avenues for protecting their marks against infringement. In 2018, trademark protection also reached a new and improved level with the establishment of the Saudi Authority for Intellectual Property (SAIP), which oversees all aspects of intellectual property. The SAIP holds the responsibility of overseeing, protecting, and enforcing trademark rights in Saudi Arabia. Notwithstanding the aforementioned developments, there exists a requirement for additional interventions pertaining to administrative enforcement and augmenting the authority's purview. Moreover, the competent court encounters certain challenges when it comes to addressing some trademark disputes. This occurrence can be attributed to the inadequacy of legal frameworks in addressing these challenges, coupled with the judiciary's failure to establish effective guidelines for their resolution. This thesis focuses on analyzing many points and studies to find solutions to the obstacles to reaching the rational protection of trademarks. These points revolve around the following: reviewing the current scope of trademark protection and the protection provided for well-known trademarks nationally and internationally; objectively assessing the evolution of the Saudi regulations concerning trademark protection; studying the challenges facing trademark owners in the Saudi market and providing solutions; and investigating the efforts made by the Saudi government to overcome the difficulties and obstacles impeding the required protection for trademarks.91 0