According to Mohcine Fattah, an IP senior director at JAH Intellectual Property in Doha, the platform was introduced to modernize border enforcement, cultivate closer institutional cooperation between Saudi Arabia for Intellectual Property (SAIP) and the Customs Authorities, and provide a clearer, more structured process for customs monitoring and the interception of counterfeit imports.

“For intellectual property rights holders, Tahaqaq fundamentally alters the traditional enforcement landscape because onboarding is operationally mandatory to maintain an active border watch,” he said. “The system operates under a strict ‘No Registration, No Alerts’ protocol; brand owners will no longer receive automated notifications or customs alerts unless they electronically record their existing registered trademarks directly on the Tahaqaq platform per mark and per class.”

“Onboarding must be executed through authorized representatives under the managing agent of service, and it strictly requires the submission of a copy of the Trademark Registration Certificate alongside a duly notarized and legalized or apostilled Power of Attorney,” he added.

In terms of direct impact on intellectual property workflow, the platform accelerates enforcement by introducing a digitized inspection framework. When a suspected consignment is intercepted, customs will grant a conditional release to the importer upon the execution of a strict legal undertaking while retaining physical samples at the port. Customs authorities then upload high-resolution photographs of the samples and copies of the shipping documents directly to the Tahaqaq platform. This triggers an automated digital notification to the brand owner’s local agent, providing preliminary information and visual evidence for remote review.

The brand owner must then expeditiously submit a signed confirmation letter verifying the counterfeit nature of the goods to enable SAIP and Customs to initiate formal seizure and refer the matter for further legal prosecution.

Fattah added that the Tahaqaq introduces a faster, less disruptive procedure for handling suspected counterfeit shipments entering the Kingdom, fundamentally altering the traditional customs detention workflow for goods arriving at the border.

“Instead of physically detaining a suspected consignment at the port, customs authorities will allow the importer to take conditional possession of the goods. This release is strictly contingent upon the importer signing a formal legal undertaking promising not to sell, distribute or alter the shipment while the investigation is pending,” he said. “Meanwhile, Saudi Customs retains physical samples of the suspected items at the port and uploads high-resolution photographs and shipping documents directly to the Tahaqaq platform so that the brand owner’s registered local agent can review the evidence remotely.”

He continued: “While the platform primarily focuses on restructuring trademark customs recordal to intercept counterfeits, this digitized inspection framework enhances scrutiny for all incoming commercial goods, requiring rights holders to utilize the digital platform actively to ensure robust border visibility.”

He said this initiative significantly strengthens Saudi Arabia’s firm grasp on intellectual property by replacing an informal, notification-based practice with an officially regulated customs recordal framework that structurally enhances institutional cooperation between SAIP and the Customs Authorities.

“By embedding these rigorous digital workflows into the border enforcement infrastructure, the kingdom establishes a clearer, more predictable and highly structured process for customs monitoring and the interception of counterfeit imports. Under this formalized system, once a suspect shipment is identified, the enforcement process is strictly triggered by the brand owner submitting a signed confirmation letter verifying that the items are indeed counterfeit. Upon receipt of this confirmation, SAIP coordinates directly with Customs to initiate formal seizure procedures against the shipment,” he explained. “However, the submission of this letter does not automatically lead to the immediate destruction of the intercepted items; instead, the matter must be referred to the Public Prosecution for further legal proceedings, leaving the ultimate decision regarding destruction within the explicit jurisdiction of the competent court.”

“The true strengthening of Saudi Arabia's enforcement capabilities lies in how the Tahaqaq platform bridges border monitoring with formal criminal and civil prosecution through two distinct, legally defined strategies that dictate the brand owner’s ongoing procedural involvement and visibility,” he said. “Under the first option, known as the Public Prosecution route, the brand owner confirms the infringement via the platform but chooses not to initiate an independent civil lawsuit against the importer. In this scenario, SAIP and Customs handle the enforcement matter entirely independently, referring the case directly to public prosecutors as a criminal matter. By choosing this path, the brand owner and their local agent forfeit all ongoing involvement, legal standing and visibility into the case file. The Saudi authorities operate autonomously under this route, meaning they will not provide any updates or disclosures to the rights holder regarding the progress, administrative milestones, or final outcome of the criminal proceedings.”

An alternative is a parallel litigation route, Fattah said. “The parallel litigation route fundamentally alters the enforcement dynamic and optimizes the rights holder’s control by allowing the brand owner to actively file a civil claim against the infringing importer. Upon receiving formal notice of this civil action, SAIP is legally prompted to launch parallel criminal proceedings,” he explained. “Crucially, this dual-track route grants the brand owner and their designated legal counsel full procedural visibility over the entire enforcement lifecycle. It empowers the rights holder to track the criminal case continuously, access relevant judicial information, and actively monitor the enforcement outcome.”

- Excel V. Dyquiangco