The Saudi Authority for Intellectual Property (SAIP) has recently announced the upcoming pilot launch of its new trade mark enforcement platform “Tahaqaq”, an electronic enforcement system aimed at streamlining trade mark enforcement at Saudi borders.

The Tahaqaq system:

• Enables brand owners to register their trade marks through the platform (per class);
• Instead of detaining suspected counterfeit goods under current procedures, customs authorities will allow the importer to retain them after providing a written undertaking not to sell, distribute, or otherwise dispose of the goods. Samples will remain with the Customs, and the brand owner’s registered agent will be notified through the platform with photos of the samples and copies of the shipping documents.

If the trade mark owner confirms that the goods are counterfeit, one of the following actions may be taken:

• No civil case filed: The registered agent may confirm that the goods are counterfeit without initiating a civil case, in which case the Customs would initiate criminal proceedings and refer the case to a prosecuting authority. The brand owner and its agent would not be involved in or informed about the proceedings.
• Civil case filed: Alternatively, a civil case may be initiated by the brand owner. Once the authority is notified of the civil action, it will initiate parallel criminal proceedings. In this scenario, the brand owner and its agent may obtain information on the criminal proceedings.

As announced during a meeting with IP agents and legal representatives of brand owners, the pilot phase will include onboarding users, creating accounts for IP agents, and providing trainings on the platform’s functionalities. SAIP will also introduce a dedicated support system, including a real-time technical support portal, an electronic ticketing system, and a feedback e-mail channel.

The rollout of the platform will occur in three phases:

• The initial soft launch, which will involve a limited set of random trade marks in selected customs ports, in order to identify technical issues, gather user feedback, and evaluate user experience;
• The hybrid phase, where both the existing and new reporting systems will operate concurrently across selected customs ports to assess performance and effectiveness; and
• The final phase, which will mark the full implementation of the platform across all customs ports and for all trade marks registered through the platform. At this stage, the current system will be fully replaced by the “Tahaqaq” platform, with the completion of the rollout expected within two months.

SAIP emphasised that the platform is designed to streamline reporting procedures and strengthen enforcement mechanisms, in line with its strategy to improve intellectual property protection, enhance service quality, and promote private sector collaboration.

While registration on the platform is not mandatory, SAIP encouraged IP rights owners to register to ensure they receive future notifications of suspected counterfeit goods.