In an era where counterfeit goods increasingly threaten global supply chains, Customs IP Recordal emerges as a critical tool in the intellectual property enforcement toolkit. For businesses operating in or exporting to Saudi Arabia, understanding the recordal process with the Saudi Customs Authority is essential to effectively protect trademarks and combat infringement at the border.
This article explores the Customs IP Recordal process in Saudi Arabia, its legal framework, procedural requirements, and strategic importance for rights holders.
Legal Basis and Governing Authority
The Saudi Authority for Intellectual Property (SAIP) and the Zakat, Tax and Customs Authority (ZATCA) jointly facilitate the IP recordal mechanism in Saudi Arabia. This system allows trademark owners to record their registered IP rights with Customs to proactively prevent the import or export of counterfeit goods.
- Trade-Related Aspects of Intellectual Property Rights (TRIPS), to which Saudi Arabia is a signatory via WTO membership
What are IP Customs Recordal?
IP Customs Recordal is the process through which trademark owners register their IP rights with Customs, enabling border officials to identify, detain, and act against suspected counterfeit goods at the point of entry or exit.
In Saudi Arabia, this recordal allows ZATCA officers to access a centralized IP database shared with SAIP, thereby strengthening enforcement at all points of the Kingdom’s borders.
This blog is a part of our The Ultimate Guide to Intellectual Property Law – ATB Legal blogpost.
Benefits of Customs Recordal in Saudi Arabia
- Proactive Border Enforcement: Enables Customs to detain goods suspected of infringing registered trademarks.
- Brand Protection: Protects brand reputation by minimizing counterfeit imports and exports.
- Legal Deterrence: Sends a strong signal to infringers about the seriousness of IP enforcement in Saudi Arabia.
- Notification Alerts: Rights holders may be informed about suspicious shipments in real time.
- Cross-border Impact: Assists multinational businesses that distribute goods across GCC countries.
Eligibility for Recordal
To record a trademark with Saudi Customs:
- The trademark must be registered with SAIP.
- The applicant must be the owner or legal representative (e.g., attorney-in-fact or IP agent).
- Supporting documents and a valid power of attorney (PoA) are required.
Documents Required for Recordal
The following are typically required:
- Copy of the valid trademark registration certificate issued by SAIP
- Copy of Commercial Registration (CR) for the trademark owner
- Power of Attorney (attested and legalized if applicable)
- Applicant’s passports copy or ID
- Description of the goods associated with the mark
- Images of genuine products and suspected counterfeits (if available)
- Contact information for local representatives or legal counsel
Step-by-Step Recordal Procedure
- Preparation: Gather all required documents and authenticate any PoAs where applicable.
- Online Application: Submit the IP recordal request through the Saudi Customs IP Portal.
- Review & Verification: ZATCA and SAIP review the application and supporting materials.
- Approval: Once approved, the trademark is listed in the Customs IP Database.
- Renewal & Updates: Rights holders must update the record upon any changes (e.g., assignment or renewal of the trademark).
Enforcement & Border Actions
Once a mark is recorded, Saudi Customs officers may seize or detain suspected counterfeit shipments. The IP owner or representative will be notified and must respond within a specified time frame, usually within 10 days, to confirm the infringement and request further legal action or destruction of the infringing goods.
Failure to respond promptly may lead to release of the shipment, making timely communication critical.
Best Practices for Rights Holders
- Ensure trademark registration is current and reflects the latest ownership details.
- Provide Customs with product identification guides, including authentic and counterfeit examples.
- Maintain a local contact or legal representative in Saudi Arabia for swift coordination.
- Consider recordal in other GCC countries for broader regional enforcement.
Future of IP Enforcement in Saudi Arabia
Saudi Arabia continues to improve its IP enforcement ecosystem under Vision 2030, prioritizing innovation and rights protection. The collaboration between SAIP and ZATCA represents a strong shift toward proactive IP enforcement at the border and a clear signal to global investors and brand owners.
The Strategic Value of Customs IP Recordal in Saudi Arabia
Customs IP Recordal in Saudi Arabia is a powerful and increasingly essential tool for trademark owners. By partnering with the Saudi Customs Authority and SAIP, businesses can deter counterfeiting, protect their brand equity, and ensure legal control over their products in one of the Middle East’s most important markets. If you own or manage trademarks in the region, now is the time to record them with Customs and take full advantage of this strategic enforcement mechanism.
