Intellectual Property Matters

Keeping track with the expansion of substantive legal rights in the Kingdom relating to this area, we handle an increasing number of matters involving the licensing and protection of intellectual property rights. Our practice covers the following categories:

Copyright & Trademark Registration and Protection

We offer our clients advice and assistance relating to the registration of copyright and trademark rights with the Ministry of Commerce in Saudi Arabia, preparing the necessary application forms, overseeing the accuracy of material translated into Arabic, following the application and registration process to defend our client's interests against claims by competing marks and providing ongoing support as necessary to maintain the effectiveness of the registration. In the event of infringement of these rights by a third party, we provide assistance in applying to the Ministry to obtain official preventative action against the infringing party, and if necessary, in making a submission to the Board of Grievances defending the trademark right and claiming for any damages. In some instances, our assistance to clients includes undertaking commercial investigations to identify and document infringing activities in the local marketplace.

Licensing of Intellectual Property

The expansion of the economic and industrial infra-structure in Saudi Arabia during the past ten years has resulted in an corresponding increase in the use of proprietary technology and other intellectual property such as computer software, industrial processes and trade secrets by commercial enterprises in the Kingdom. We have provided regular assistance to our clients in obtaining the rights to use such technology and intellectual property, negotiating and drafting license agreements and technology transfer agreements, advising generally on legal and tax issues related to such transactions and preparing related contractual documents such as technical service agreements, confidentiality agreements and end-user sub-license agreements. Our experience in this area extends to petroleum refining and other industrial technology and equipment, telecommunications equipment, industrial processes, computer software, musical and motion picture property and commercial processes and know-how.

Franchising

Another area of increasing importance in the Kingdom is the franchising of commercial operations for restaurants, gourmet foods stores and specialty boutiques for clothing, housewares and other consumer products. We represent clients primarily acting as franchisees in the negotiation of the franchise agreements, offering support and assistance in connection with the determination of such matters as the scope of the franchise rights, the fees and royalties payable by the franchisee, termination rights, contract renewal rights, staff training requirements, advertising responsibilities and other contractual issues between the parties. We also provide assistance in the registration of the agreement with the Ministry of Commerce and in the resolution of any disputes between the franchisee and franchiser and the enforcement of the parties' contractual rights.