Saudi Cultural Missions Theses & Dissertations
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Item Restricted The Comparative Scope for Arbitration of Patent Disputes: In the U.S., Switzerland, and Australia(Saudi Digital Library, 2023-11-28) Alkaladi, Turki Ali Saleh; Dharmananda, KanagaThis paper critically examines the relationship between arbitration and intellectual property, specifically patent disputes. This paper adopts a comparative analysis approach and will compare the approach taken by civil law and common law systems toward the arbitration of patent disputes. This paper will primarily focus on the United States of America, Switzerland, and Australia. The process of obtaining a patent will be analyzed. The legislation and case law regarding the arbitrability of patent disputes will be discussed. A clear distinction between patent and standard essential patent disputes will be demonstrated. The difference between erga omnes and inter partes patent arbitral awards effects will be illustrated. The enforcement and recognition of arbitral patent awards will be critiqued, which demonstrates arbitrating patent disputes face various recognition and enforcement hurdles. Multiple factors need to be considered before determining whether arbitration is the right forum for resolving patent disputes. This should be determined on a case-by-case basis. In conclusion, the outlook for arbitrating some patent disputes is unclear, but arbitration should be the preferred forum for standard essential patent disputes to keep royalty rates confidential.32 0Item 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 0Item Restricted The Relationship between Intellectual Property Regime and Foreign Direct Investment in Saudi Arabia: A Proposal for Structural Reforms(2023-04-26) Alrasheed, Bashaer; Cardi, JonathanForeign direct investment offers many benefits to the investing companies, such as reduced labor costs and access to natural resources in the foreign market. It also offers many benefits to the host countries, such as increased economic growth and new job opportunities. Thus, governments pay special attention to the impact of policies on the inflow of foreign direct investment. In today’s world, many of the assets owned by companies in the developed world are intangible. This highlights the need for potential host countries of foreign direct investment to design intellectual property regimes that can attract these companies, enabling host countries to reap the benefits of their presence. This research explores the potential impact of Saudi Arabia’s intellectual property regime on the inflow of foreign direct investment, and identifies the reforms needed to the Saudi intellectual property regime in order to attract more foreign direct investment to the country. Using a descriptive and analytical approach, the research concludes that a stronger intellectual property regime in Saudi Arabia could increase the country’s inflow of foreign direct investment. It identifies three structural challenges facing the Saudi intellectual property regime: First, unclear directives, and lack of sufficient training. Second, the sale of counterfeit goods. Third, the country’s system of compensation for damages lacks sophistication, particularly regarding lost profits. To solve these issues, this research recommends that Saudi Arabia adopt explicit directives as a mandatory step in the legislative process, provide additional training for specialists in intellectual property, fight counterfeiting by conducting more inspections and incentivizing the public to report violations, and offer compensation for lost profits based on reasonable grounds, as done in most other legal systems around the world.33 0