Intellectual Property Rights Policy

Intellectual Property Rights Policy :

Intellectual Property Rights Policy

 

Intellectual Property Rights Definitions: The following terms, wherever mentioned in this policy, shall have the meanings assigned to them unless the context indicates otherwise:

 

       Intellectual Property: The creative outputs of the human mind, including but not limited to inventions, copyrights, trademarks, designs, models, specifications, concepts, processes, techniques, databases, trade names, plant varieties, trade secrets, and others.

       Commercial Exploitation: The use of exclusive rights owned by intangible assets in trade, industry, and services, directly or indirectly. Examples include, but are not limited to, patents, industrial designs, etc.

       Policy: The principles, procedures, and instructions adopted by the entity for dealing with intellectual property.

       Intellectual Property Management: A set of administrative procedures and steps undertaken by the institution to manage and organize intellectual property.

       Patent: A document granted to someone who has reached an invention, valid for a specified period.

       Work: Any literary, scientific, or artistic work.

       Author: The person who created the work.

       Author Rights: The moral and material interests that a person has over their work.

       Trademark: Anything that takes a distinctive form of names, words, signatures, letters, symbols, numbers, addresses, seals, drawings, pictures, engravings, packaging, visual elements, shapes, color combinations, or any combination thereof, used to distinguish goods or services of one entity from those of others or to indicate the provision of a service, or for monitoring or inspection of goods or services. Sound or smell marks can also be considered trademarks.

       Industrial Designs: The arrangement of lines or colors in two-dimensional form, or a three-dimensional shape that gives any industrial product or product of traditional crafts a special appearance, provided it is not solely for functional or technical purposes. This includes textile designs.

       Trade Secrets: Any information characterized by the following:

       If it is not commonly known in its final form or any of its precise components and is difficult to obtain among those dealing with this type of information.

       If it has actual or potential commercial value due to its secrecy.

       If the right holder subjected it to reasonable measures, proportional to its nature and circumstances, to keep it confidential.

       Non-Exclusive License: A license granting the licensee the right to exploit intellectual property rights, preventing the licensor from giving the same rights to others under specific terms between the parties.

       Exclusive License: A license granting the licensee the right to exploit intellectual property rights exclusively, preventing the licensor from giving the same rights to others under specific terms between the parties.

       Company: Deal Real Estate App.

 

Principles of this Policy:

 

       This policy shall not conflict with the regulations and laws applied in the Kingdom of Saudi Arabia.

       This policy shall not conflict with international treaties and agreements to which the Kingdom is a member.

       Respect and consideration for the intellectual property rights of other entities.

       Striving to take necessary actions to protect the intellectual property rights achieved.

       Seeking to support innovation and enable the exploitation of innovations.

 

Objectives and Scope of the Intellectual Property Policy:

 

       Policy Objectives:

1.     Support and enable innovation, creativity, and an economy based on intellectual property.

2.     Raise awareness of national legislation and regulations related to protecting and enforcing intellectual property rights.

3.     Protect the intellectual property rights of the entity, its employees, and its clients.

4.     Avoid unintentional infringements on others' intellectual property rights.

       Policy Scope: This policy covers all areas of intellectual property, including but not limited to patents, copyright and related rights, trademarks, new plant varieties, layout designs of integrated circuits, undisclosed commercial information, and any other related topics. It applies to all parties governed by the policy, such as employees, consultants, contractors, and any related party defined by the entity.

 

General Intellectual Property Policy:

Disclosure Policy:

  1. The company prepares the necessary disclosure forms, whether electronic or paper, and clearly explains them to the discloser to enable proper completion.
  2. Employees are obligated to fully disclose intellectual property created as per this policy to the office or its representative within the timeframe specified by the institution, clearly and explicitly, making it understandable for the disclosing entity.
  3. The company preserves and documents all disclosed information, classifies it according to its field and maintains the confidentiality of the disclosed information.

Evaluation of Disclosed Intellectual Property:

  1. The company is committed to evaluating disclosed intellectual property professionally within the timeframe specified by the office.
  2. The company notifies the discloser of the evaluation result and the actions taken.
  3. If both parties agree on the evaluation result, the office proceeds with the necessary actions as per this policy.

 

Ownership Policy for Intellectual Property Rights:

First: Patents The company may choose the appropriate options according to its strategic objectives:

  1. Joint ownership of the protection document between the parties.
  2. The entity owns the findings of its employees, with the right of the employee to receive appropriate compensation, based on Article (6)(b) of the Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Models Law.
  3. The employee owns the protection document for the intellectual property they have achieved, with the right of the entity where they work to obtain a license in exchange for its relinquishment.

 

Second: Trademarks Trademarks produced within the entity or any trademark related to the products or services provided by the entity are its exclusive property.

 

Third: Author Rights

  1. Ownership of literary works belongs to the creator if it is not part of their primary job and was not created using the resources of the entity they work for.
  2. Ownership of literary works belongs to the entity if it is part of the author's primary job or was created using the resources of the entity.
  3. Literary works prepared for academic purposes are owned by the entity where the author works.
  4. The entity may relinquish any literary work to its creator.
  5. Moral rights are inherently and unconditionally owned by the creator of the literary work and cannot be waived under any circumstances.

 

General Policy for Registering Intellectual Property:

First: Patents

  1. The entity strives to evaluate the idea and determine its patentability.
  2. The entity seeks to register patents in Saudi Arabia first to benefit from the “right of priority.”
  3. The entity bears the registration fees for patents it owns. If another party is the owner, they bear the registration fees.

Authorized Entity for Patent Registration and Granting Protection Documents:

       The Saudi Authority for Intellectual Property is the official government entity authorized to receive and register all intellectual property protection requests in the national systems concerned.

       The Gulf Cooperation Council Patent Office is the entity authorized to receive and register patent requests according to the Patent Law of the Gulf Cooperation Council (regional system).

Second: Trademarks

       The company seeks to register its trademarks related to its products and services according to the locations where these products and services are exploited, ensuring no similar trademark exists in the target country.

       The company monitors the registration fees and other procedures associated with the registration process.

Third: Author Rights

       Registering author rights is not required in any member country of the Berne Convention for the Protection of Literary and Artistic Works. The publication date of the work is the start date for protecting literary works.

       The entity strives to register author rights within the country when possible to document the publication in accordance with the systems that allow it.

       Software and architectural designs can be registered with the Saudi Authority for Intellectual Property; this registration is optional.

Dispute Resolution Policy: In case of any dispute between the intellectual property right holder and the company as per this policy, the disputes are resolved amicably between the parties. If unresolved, either party may resort to mediation or take the matter to the competent judicial authority in Saudi Arabia.

**General Litigation