KSA Issues Executive Rules for the Compulsory Licensing of Patents

RIYADH – The Saudi Authority for Intellectual Property (SAIP) developed new executive rules for the compulsory patent licensing in the KSA, based on its role to regulate, support, develop, nurture, protect, enforce and upgrade the areas of Intellectual Property in the Kingdom in accordance with the best international practices, and propose laws and regulations related to Intellectual Property Rights (IPRs) stipulated in the provisions of Article 3 of the organization of the Authority issued by the Council of Ministers Resolution No. (496).

The operational rules for compulsory patent licensing have been developed, based on the law of patents and layout designs of integrated circuits, plant varieties and industrial designs issued by Royal Decree No. (M/27), and Cabinet Resolution No. 536, which required to modify the compulsory patent licensing regulation.

The main executive rules of compulsory patent licensing are highlighted as follows: 
 
• Rules and procedures for applying compulsory patent licensing
• General provisions for compulsory patent licensing
• Compulsory licensing revocation
• Cases of patent compulsory licensing revocation
• Objection to mandatory patent licensing decisions
• Challenging the authority’s decision of granting compulsory patent licensing