WORLD TRADE  
ORGANIZATION  IP/N/6/SAU/1 
12 February 2007 
 
 (07-0579) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:  English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses from Saudi Arabia  
 
 
Civil and Administrative Procedures and Remedies 
  (a) Civil judicial procedures and remedies  
 
1. Specify the courts which have jurisdiction over IPR infringement cases. 
  
Courts
 
 Laws  
 Articles  
 
The Board of 
Grievances Law of Trademarks
 Article 53  
The Board of Grievances shall have jurisdiction ... 
 
Violations 
Review CommitteeArticle 25: Violations Review Committee
 
A Committee to review the violation shall be formed by 
the Minister’s decision, … 
The Board of 
GrievancesArticle 22 (3rd):   
If the Committee sees that the violation entails 
imprisonment or a fine exceeding one hundred thousand riyals or cancellation of the license, the case shall be 
submitted to the Minister for referral to the Board of 
Grievances. 
The Board of 
Grievances 
(Appeal)Law of 
Copyright
Article 23: Grievance  
Anyone against whom a decision was made by the 
Committee shall have the right to file a grievance with the Board of Grievances within si xty days from the date of 
notification of the decision. 
Committee for 
Examining Patents on 
Inventions 
Lawsuits Article Thirty Six:
 
a) The Committee shall have jurisdiction over the 
following: 
1) All disputes and appeals against decisions issued in connection with protection documents. 
 
2)  Penal lawsuits for violations of the provisions of this Law and its Impl ementing Regulations. 
 
The Board of 
GrievancesLaw of 
PLPD2
Article Thirty Four:  
If the Committee sees that the infringement calls for the punishment of imprisonment, the infringer shall be 
referred from the start to the Board of Grievances…. 
 
 
                                                      
1 Document IP/C/5. 
2 Patents, Layout Designs of Integrated Circu its, Plant Varieties, and Industrial Designs IP/N/6/SAU/1 
Page 2  
 
 
The Board of 
Grievances (Appeal)Law of 
PLPD
2  Article Thirty Seven:  
…. An appeal against any decision issued by the 
Committee may be brought before the Board of 
Grievances within sixty days from the date of notification of the decision 
 
 
 
 In addition to the above-said, smugglers of counterfeited goods and pi rated works seized at 
customs checkpoints, are subject to penalties, by the customs committees , as stated in Article 145 of 
the Unified Customs Law of Gulf Cooperation Countries . 
 
2. Which persons have standing to assert IP Rs? How may they be represented? Are there 
requirements for mandatory personal appearan ces before the court by the right holder? 
 
 All material parties to a case have standing to assert intellectual property rights before the 
courts, in person or through his representa tive with a valid power of attorney.  
  The Board of Grievances has the authority to mandate personal appearances in criminal cases 
pursuant to the second paragraph of Article (19) in  Section Three, Hearing the Case and Judgment, of 
the Procedural Rules Before the Board of Grievances , which states: 
  Article (19)
 
 In disciplinary and penal cases, the accused hi mself shall attend the trial sessions and shall 
defend himself in writing or verbally. He may seek the assistance of a la wyer and ask for the 
summoning of witnesses to hear their testimony . If the accused in a disciplinary case does not 
appear after being duly notified, the circuit shall proceed with the trial procedures.  
  However, if the accused in a penal case is notif ied and does not appear, he shall be summoned 
again to attend another session. If he still fails to appear, the circuit may render a default 
judgment or order him summoned to a fixed session. If it is impossible to summon him, the 
circuit may render a default judgment in the case.
 
  Article (20)
 in Section Three, Hearing the Case and Judgment, of the Procedural Rules Before 
the Board of Grievances  strongly encourages personal appearances of parties in 
administrative hearings because the case can c ontinue and conclude with the rendition of a 
valid and enforceable default judgment against a party without that party's presence and/or 
evidence.   
 
 Article (20)  
 If the plaintiff or the defendant attends an y session of an administrative case before the 
competent circuit, the trial shall be considered as if in his presence even if he fails to attend 
the subsequent sessions. 
  As for the disciplinary and penal cases, the judgm ent shall be considered as if in the presence 
of the accused person if he attends one session and presents his defense, even if judgment is 
postponed and he does not attend the sessi on in which the judgment is rendered. 
  Pursuant to Article 53 of the Law of Trademarks
 the Board of Grievances has the jurisdiction 
to hear all civil and criminal cases.  
 
 Pursuant to Article 25. 4 of the Impl ementing Regulations of the Copyright Law  the 
Violations Review Committee may summon any part y to the violation to hear his statements 
as well as  the inspector, investigator or an y other person whose statements the Committee 
deems necessary. Further pursuant to Article 25.5 of the Implementing Regulations of the  IP/N/6/SAU/1  
 Page 3 
 
 
Copyright Law  the Committee may return the violation papers to the investigating authority 
for additional information or to complete  whatever it deems necessary regarding the 
investigation. Pursuant to Article 23. 2 of the Implementing Regulations of the Copyright 
Law the investigator has the authority to su mmon anyone whose testimony he deems is 
indispensable regarding the violation and enter th at into the record that is submitted to the 
Committee. Appeals of the Committee's decision are filed with the Board of Grievances. 
Therefore, the right holder should show that the party is necessary and/or that the party's testimony party is indispensable. 
  Pursuant to Article Thirty Four of the Law of Patents, Layout Designs of Integrated Circuits, 
Plant Varieties and Industrial Designs  the Board of Grievances has jurisdiction from the start 
of all cases in which the alleged violation, if proved, results in imprisonment. Pursuant to 
Article Thirty Seven of the Law of Patents, Layout Designs of Integrated Circuits, Plant 
Varieties and Industrial Designs  the Board of Grievances has jurisdiction over appeals of 
decisions rendered by the Committee. It should be  noted that pursuant to Article Thirty Eight 
of the Law of Patents, Layout Designs of Integr ated Circuits, Plant Varieties and Industrial 
Designs  the Committee may request any explanatio n and information it deems necessary and 
the King Abdulaziz City for Science and Technol ogy must provide all documents and papers 
relating to the subject matters in dispute, wh enever requested to do so by the Committee. 
Therefore the right holder should show necessity. 
 3. What authority do the judicial authorities have to order, at the request of an opposing 
party, a party to a proceeding to produ ce evidence that lies within its control? 
 
  
General Principles 
of Law Judicial authorities  may order, at the request of an opposing party, 
the production of evidence from a pa rty to the proceeding, including 
from the plaintiff by the defendant.
 
Law of PLPD the defendant must prove that the  “:  states Eight- Article Forty
identical product was not manufactured by this process without the 
consent of the owner of the protection document”. 
 
4. What means exist to identify and protect confidential information brought forward as 
evidence?  
 
  
General Principles 
of Law The party submitting the evidence has the burden to identify 
information that is confidential. The courts will protect the 
confidentiality with measures that are suitable to the type of confidential information filed and have wide discretion to take 
effective action.
 
Law of PLPD : 48 Article  
Subject to the legitimate interests of the defendant in protecting his 
industrial and commercial secrets . . . IP/N/6/SAU/1 
Page 4  
 
 
Regulations for the 
Protection of Confidential Commercial 
Information :4 Article 
 
The competent authorities shall protect the commercial secrets 
submitted to them …
  5. Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use ; 
 
 - injunctions; 
 - damages, including recovery of profits,  and expenses, including attorney's fees; 
 - destruction or other disposal of infringing goods and materials/implements for 
their production; 
 - any other remedies. 
 
 As cited in the chart below, the law empowers the judicial authorities to impose injunctions, 
damages such as lost profits and expenses that ma y include attorney’s fees, destruction or other 
disposal of goods and equipment used to produce in fringing goods as well as other remedies such as 
the closure of place of business, fines and imprisonment.   
The Law of 
Trademarks:43 Article 
 
Without prejudice to any harsher punishment, the following shall be 
punished with imprisonment for a period not exceeding one year and 
a fine not less than fifty thou sand riyals and not exceeding one 
million riyals or with one of these punishments. 
 
k.   Anyone who forges a registered trademark or imitates it in a way 
that misleads the public, and anyone who uses in bad faith a forged or 
an imitated trademark.  
 
l.     Anyone who puts or uses, in bad faith, a trademark owned by 
another on his products or services. 
 
m..   Anyone who offers, puts up for sale, or sells or possesses with 
intention of selling products carrying a forged, an imitated, or 
unlawfully put or used trademark, despite his knowledge thereof as 
well as anyone who offers to render services under such a trademark  
despite his knowledge thereof. 
 
:44 Article  
       Without prejudice to any harsher punishment, the following shall 
be punished with imprisonment for a period not exceeding three months and a fine not less than twenty thousand riyals and not 
exceeding two hundred and fifty thou sand riyals, or with one of these 
punishments: 
 
 a.     Anyone who uses an unregistered trademark in the cases 
specified in paragraphs (b, c, d, e) of Article 2 of this Law. 
 
b.     Anyone who unlawfully inscribes on his trademarks or commercial papers a statement that would lead to the belief that they 
have been registered. IP/N/6/SAU/1  
 Page 5 
 
 
 
 : 45 Article  
A repeat offender shall be punished with a punishment not exceeding 
twice the maximum punishment specifi ed for the offense and closure 
of the place of business or the project for a period not less than 
fifteen days and not exceeding six months, in addition to publicizing 
the judgment at the expense of th e offender in accordance with the 
conditions and procedures provided for in the Implementing Regulations.
 
 
:48 Article  
       Anyone who has suffered damage as a result of the commission 
of any of the offenses provided for in this Law may claim appropriate compensation for the damages sustained, from the person responsible for the offense. 
 
:52 Article 
 
       The Board of Grievances may, in any civil or criminal lawsuit, 
render a judgment to confiscate the seized items or those items seized afterward, in order to deduct the value thereof from the damages or 
fines or to dispose of them in accordance with th e conditions and 
procedures provided for in the Implementing Regulations. The Board 
of Grievances may order the publicizing of the judgment in one or more newspaper(s) at the expense of the party against whom the judgment is rendered. It may also order the destruction of the forged or imitated trademarks or marks wrongfully placed or used, and 
order, when necessary, the destru ction of the items carrying such 
trademarks even if a judgment of acquittal is rendered. 
 
Law of PLPD : 34 Article  
The Committee shall grant an injunction to prevent the infringement in addition to the necessary damages, and it may impose a fine upon the infringer not exceeding one hundred thousand riyals. The 
maximum fine shall be doubled in case of repetition. If the 
Committee sees that the infringement calls for the punishment of imprisonment, the infringer shall be referred from the start to the Board of Grievances. The Committee may take the necessary prompt measures it deems necessary to prev ent the damages resulting from   
the infringement.  
…, at the expense of the party against whom the decision is issued. … 
 
Law of Copyright Penalties : 22 Article  
 
First: 
Any person who violates a provision of this Law shall be subject to one or more of the following penalties: 
(1)     Warning. 
 
(2)     A fine not exceeding two hundred and fifty thousands riyals.  
 
(3)     Closing the violating establishment or the one which participated in the violation of the copyright, for a period not exceeding two months. IP/N/6/SAU/1 
Page 6  
 
 
(4)     Confiscation of all copies of the work along with the materials used or intended for use in th e infringement on the copyrights.  
 
(5)     Imprisonment for a period not exceeding six months. 
 
Second: 
Upon repetition of the infringement on the same work or any other work, the maximum limit of penalty, fine and closure may be doubled. 
 
Third: 
If the Committee sees that the violation entails imprisonment or a fine exceeding one hundred thousand riyals or cancellation of the license, the case shall be submitted to  the Minister for referral to the 
Board of Grievances. 
 
Fourth: 
The Committee may decide on financial compensation for the benefit of the owner whose right has been infringed upon and who files the 
complaint. Compensation shall be consistent with the size of 
infringement and the damage incurred. 
 
Fifth. 
The Committee may include in its decision the punishment of defamation against the person who commits the infringement. 
Publication of such shall be at his expense and by the method the 
Committee deems appropriate. 
 
Sixth: 
The Committee may include in its decision suspension of 
participation of the infringing establishment in the activities, 
occasions or exhibitions, if the in fringement was discovered during a 
commercial event, provided that the period of suspension shall not 
exceed two years. 
 
Seventh: 
The Committee may issue an injunc tion against the printing of the 
work infringed upon, its production, publication or distribution, in addition to protective impounding of the copies, materials and pictures made from it. It may take any temporary measure it finds necessary to protect the copyright  till a final decision is reached 
regarding the complaint or grievance. 
The implementing regulations shall specify the protective impounding procedures. 
  IP/N/6/SAU/1  
 Page 7 
 
 
6. In what circumstances, if any, do judici al authorities have the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the goods of services found to be infringing and of their 
channels of distribution? 
 
 The law does not authorize judicial authorities to order the infringer to inform the right holder 
of the identity of third persons involved in the production and distribution of the goods or services 
found to be infringing and of their channels of distribution.   
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  
To what extent are public authorities and/or officials liable in such a situation and what 
"remedial measures" are applicable to them?    
  As cited in the chart below, the law authorizes the indemnification of defendants  wrongfully 
enjoined to be compensated for their damages sust ained by the wrongful actions of the government or 
independent public corporate entities.   
The Law of 
Trademarks:48 Article 
 
Anyone who has suffered damage as a result of the commission of 
any of the offenses provided for in this Law may claim appropriate compensation for the damages sustained, from the person responsible for the offense.
 
 
:51 Article  
The defendant may take measures against a bad faith plaintiff 
requesting compensation to which the defendant might be entitled as a result of the measures provided for  under Article 49 …
 
Implementing Regulations of 
Copyright LawProvisional Protective Measures: 27 Article 
 
… 
3) The committee may request the plaintiff: 
… 
c) To submit a financial guarantee sufficient to protect the defendant and prevent abuse of rights or exercise thereof. 
… 
6) …, the committee may, upon requ est of the defendant, order the 
plaintiff to pay appropriate compensations for any damage incurred by the defendant as a result of such measures. 
 
Measures at Borders: 28 Article 
 
… 
2. The committee may request the plaintiff to submit a financial guarantee sufficient to protect the defendant and prevent abuse of rights. 
… 
4. The committee may decide that th e plaintiff pay to the importer or 
exporter an appropriate compensati on for damages incurred by them 
as a result of wrongful seizure of works.… 
The Board of 
Grievances:8 Article  
1. The Board of Grievances shall have jurisdiction to decide the 
following: 
(a)… IP/N/6/SAU/1 
Page 8  
 
 
(c) Cases of compensations filed by parties concerned against the 
government and independent public  corporate entities resulting from 
their actions. 
 
(d)… 
 
8. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
  Pursuant to general principles of law, the duration of proceedings is determined on a case-by-
case basis by the specific facts and circumstances, in cluding the complexity of the case. There is no 
cost of proceedings. The Kingdom of Saudi Arabia is working diligently to devise and implement a 
collection, retention and retrieval regime of statis tical data that will include accurate and complete 
information on intellectual property right enforcements.   
(b) Administrative procedures and remedies  
 
9. Reply to the above questions in relation to any administrative procedures on the merits 
and remedies that may result from these procedures. 
  Please refer to the responses to Questions 1 – 8 in Civil and Administrative Procedure and 
Remedies, section (a), which are applicable to ad ministrative procedures. Saudi Arabia notices that 
the distinction in its legislative regime for its in tellectual enforcement does not necessarily distinguish 
between its judicial and administrative procedures as  clearly as other regimes may. However, this is 
consistent with Article 41 of the TRIPS Agreement. 
 
Provisional Measures
 
 
 (a) Judicial measures  
 
10. Describe the types of provisional measures that judicial authorities may order and the 
legal basis for such authority. 
 
 As cited in the chart below, the law authorizes the judicial authorities’ broad power to order 
any provisional measures deemed necessary under the specific facts and circumstances claimed, 
including but not limited to seizures of  goods and equipment and injunctions. 
 
The Law of 
Trademarks:49 Article  
       An owner of a trademark may at anytime, even prior to  filing 
any civil or criminal lawsuit obtain- on the basis of a petition accompanied by an official document indicating the registration of 
the trademark- an order from the Board of Grievances to take the 
necessary precautionary measures, especially the following:
 
 
a) The preparation of a record of detailed description of equipments 
and tools which are or were used in committing the offense and the 
local and imported products or  goods and papers on which the 
trademark in question was used. 
 
b) Seizure of the items referred to in paragraph (a) provided that the 
seizure thereof shall not be effected until the claimant provides a 
security to be preliminarily estimated by the Board of Grievances to  IP/N/6/SAU/1  
 Page 9 
 
 
compensate the party against whom the seizure is effected, if needed. 
It is permissible after the seizure is effected to contest the adequacy of the deposit made by the claimant in accordance with the conditions and procedures provided for in the Implementing Regulations. The order of the Boar d of Grievances may include the 
assignment of one or more experts to assist the authority specified by 
the Implementing Regulations.
 
 
Law of Copyright Penalties : 22 Article  
: Seventh 
The Committee may issue an injunc tion against the printing of the 
work infringed upon, its production, publication or distribution, in addition to protective impounding of the copies, materials and pictures made from it. It may take any temporary measure it finds necessary to protect the copyright  till a final decision is reached 
regarding the complaint or grievance. 
 
Law of PLPD :34 Article  
…. At the request of the owner of the protection document, and any party with interest, the Committee sh all grant an injunction to prevent 
the infringement in addition to the necessary damages, and it may 
impose a fine upon the infringer not exceeding one hundred thousand 
riyals. The maximum fine shall be doubled in case of repetition. If the Committee sees that the infringeme nt calls for the punishment of 
imprisonment, the infringer shall be referred from the start to the Board of Grievances. The Committee may take the necessary prompt 
measures it deems necessary to pr event the damages resulting from 
the infringement….. 
 
 
11. In what circumstances may such measures be ordered inaudita altera  parte ? 
 
 The circumstances in which measures may be ordered inaudita altera parte  are described in 
the chart  below: 
 
The Law of 
Trademarks:37 rticle A 
For the purpose of performing the tasks entrusted to them, the officials referred to in the preceding Article may do the following: 
 
a) Inspect shops for violations of the provisions of this Law. 
 
b) Seize the goods on which are affixed trademarks that are contrary to the provisions of this Law and collect three specimens thereof for 
submission purposes, when necessary, and send one specimen to the 
Bureau of Investigation and P ublic Prosecution. The remaining 
specimens shall remain seized pe nding determination of the penal 
action. A seizure record shall be made, signed by the official and the owner of the shop or his substitute. Said record shall specify the place wherein said seizure of goods was conducted, be it the trader’s 
warehouse, a part of the trader’s shop, or a warehouse designated for 
this purpose. In all events, it must be ascertained that said goods have 
not been seized by another official authority and that an undertaking to that effect has been taken from the owner of the shop. If, however, the owner of the shop declares that said goods are under seizure, he IP/N/6/SAU/1 
Page 10  
 
shall submit documents which prove that said seizure has been 
conducted. In all events, said goods shall be seized provided that coordination with the seizing auth ority has been made with the 
participation of a representative thereof. 
 
c) If deemed appropriate, conduct an  immediate investigation with 
the violator after confronting him with the violation attributed to him. In all events, the violator shall be allowed to submit his defenses in writing or such defenses shall be reco rded and attached to the seizure 
record, after entering therein the violator’s name, nationality, 
capacity, residence address, business address and telephone numbers. 
The violator shall have the right to verify the identity of the official 
who reported said violation. 
Law of Copyright Penalties : 22 Article  
Seventh. 
The Committee may issue an injunc tion against the printing of the 
work infringed upon, its production, publication or distribution, in 
addition to protective impounding of the copies, materials and pictures made from it. It may take any temporary measure it finds necessary to protect the copyright  till a final decision is reached 
regarding the complaint or grievance. 
Implementing 
Regulations of 
Copyright Law Provisional Protective Measures: 27 Article  
1) The committee has the authority to take immediate provisional 
measures in order to prevent infringement of any copyright, and to prevent imported works that contain infringement of copyright from reaching commercial outlets. 
 
2) The committee has the authorit y to take provisional measures 
without the knowledge of the other party, if it is likely that a delay would result in harming him or it is likely to damage the evidence. 
 
3) The committee may request the plaintiff: 
 
a) To submit any evidence in his possession affirming that he is the 
owner of the right. 
 
b) To submit preliminary evidence proving that his right is being infringed or is about to be infringed. 
 
c) To submit a financial guarantee sufficient to protect the defendant and prevent abuse of rights or exercise thereof. 
 
d) The committee may request the plaintiff to submit any evidence 
necessary in order to determine the extent of the legitimacy of the 
lawsuit. 
 
4) The committee, after taking the protective seizure measures, may notify the affected parties to submit their viewpoint and defenses within a provisional period not ex ceeding thirty one (31) days from 
the date of initiating the protective measures in order to consider 
whether to amend, cancel or confirm such measures.  IP/N/6/SAU/1  
 Page 11 
 
 
5) The committee may cancel the me asures taken in accordance with 
Paragraphs (1) and (2) of this Article pursuant to a request by the 
defendant, or suspend said measures if the plaintiff does not submit documents required from him within a time period determined by the 
committee, and not exceeding thirty one (31) days. 
 
6) Upon cancellation of provisional measures or expiry of their 
effectiveness period as a result of th e plaintiff’s negligence, or upon 
becoming evident later that there was no infringement upon the works or commodities, the comm ittee may, upon request of the 
defendant, order the plaintiff to pay appropriate compensations for 
any damage incurred by the defendant as a result of such measures. 
 
Measures at Borders: 28 Article 
 
(1)  A copyright owner, who has le gitimate reasons to suspect that 
works infringing his rights are intended for importation or 
exportation, may submit a written request to the committee in order 
to stop and seize works imported or intended for importation or exportation, upon reaching the borders. 
 
(2)  The committee may request the plaintiff to submit a financial 
guarantee sufficient to protect the defendant and prevent abuse of 
rights. 
 
(3)  The plaintiff shall submit to the committee, within a period not 
exceeding ten (10) working days, the complaint and the supporting evidence that determine the infringe ments he has incurred, provided 
that the period of seizure does not exceed thirty one (31) days, after 
which amendment, cancellation or confirmation of such measures shall be considered. 
 
(4)  The committee may decide that the plaintiff pay to the importer 
or exporter an appropriate compensation for damages incurred by them as a result of wrongful seizure of works. 
 
(5)  The committee may grant the owner of the right (the plaintiff) sufficient opportunity to inspect the works in order to prove his 
allegations. 
 
(6)  The importer is entitled to an equal opportunity to inspect any of these commodities. 
 
(7)  The committee, in case the infringement is proved, is authorized 
to notify the owner of the right of the names and addresses of the sender and addressee of the works as well as their quantities. 
 
Precautionary Protective Seizure: 29 Article 
 
The Ministry’s office at the point of entry at the border may stop the procedure for release of works upon having prima facie evidence 
proving existence of copyright infringement, after coordination with the customs department at the point of entry. The office shall immediately notify the General Depart ment of Copyright to take the 
necessary measures, in coordination with the committee. 
 IP/N/6/SAU/1 
Page 12  
 
Law of PLPD Article 34:  
…. The Committee may take the necessary prompt measures it deems necessary to prevent the damages resulting from the infringement.… 
 
12. Describe the main procedures for the initia tion, ordering and maintenance in force of 
provisional measures, in particular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant. 
   
The Law of 
Trademarks)11 se refer to the response to Question plea (b-37 Article 
 
:50 Article  
       The precautionary measures taken by the trademark’s owner 
shall be considered null and void if not followed by a civil or 
criminal lawsuit against the party against whom such measures were 
taken within ten days from the date on which the measures provided 
for in Article 49 of this Law are taken. 
Law of Copyright ) 11 please refer to the response to Question  (27 Article  
Law of PLPD ) 11 please refer to the response to Question  (34 Article  
  
 
13. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
 
 Please refer to the responses to Questions 8.  
 (b) Administrative procedures 
 
14. Reply to the above questions in relation to any administrative provisional measures. 
 
 Please refer to the responses in Questions 10 - 13 in the preceding section. Please also refer to 
the response to Question 9.   IP/N/6/SAU/1  
 Page 13 
 
 
Special Requirements Related to Border Measures  
 
15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulati on, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual property rights other than counterfeit trademark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant 
criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis imports).  Do 
the procedures apply to imports of goods put on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?  
  
Border Procedures
3 
 - Suspending Clearance Procedures by the Customs' Self: 2 Article 
Initiative 
a) The Customs Authorities may suspend the clearance of goods 
suspected of bearing imitated trademarks upon having prima facie evidence to this effect, and shall notify the importer and the trademark 
owner, if his address is known, of the suspension. 
 
b) The Customs Authorities shall refer samples of the imported works 
to the competent officials at the Mi nistry of Culture and Information. 
The Ministry may suspend the clear ance of said works upon having 
proofs of infringement upon others' in tellectual rights, and shall notify 
the Customs Authorities, the importer and the right holder, if his 
address is known, of the suspension. 
 
The border procedures do not include provisions excluding the application of the procedures app lied to imports of goods put on the 
market in another country by or with the consent of the right holder and to goods destined for exportation. 
 
16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of inspection and information) been implemented?   
   
Border Procedures
 The description of the main elements of the procedures relating to the 
suspension of the release of goods by customs authorities , in particular 
, 10, 9, 8, 7, 5, 4, 3, 2, 1 Articles  is stated in the competent authorities
of the Regulations of Border Procedures for Protection of 13 and 12 
, y Rights Regarding Trademarks and Copyrights Intellectual Propert
which has been earlier distributed to all Members by the Secretariat. 
  
The Law of 
Trademarks 
 .)10 please refer to the response to Question  (49 Article  
                                                      
3 Regulations of Border Procedures for Protection of Intellectual Property Rights Regarding 
Trademarks and Copyrights IP/N/6/SAU/1 
Page 14  
 
 
Implementing 
Regulations of Copyright Law
 
 lease refer to the response to p( Measures at Borders : 28 Article 
Question 11). 
 
 
  
17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of  proceedings and their cost.  How long is the validity of 
decisions by the competent authorities for the suspension of the release of goods into free 
circulation? 
 
 Please refer to the response to Question 8.  Pursua nt to the relevant provisions in the law cited 
above in response to Question 16, there is a 10 day period starting from the date of notification for the 
party requesting the suspension follows up with s ubmitting a civil or criminal filing or the opposing 
party requests a revocation or stay of execution.  
18. Are competent authorities required to act upon their own initiative and, if so, in what 
circumstances?  Are there any special provisions applicable to ex officio  action? 
  
Border Procedures 
 .)16and 15 please refer to the response to Questions  (2 Article  
 
Implementing 
Regulations of Copyright Law
 
 .)11 please refer to the response to Question  (29 Article  
 
 
19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use.   
 
  
The Law of 
Trademarks :52 Article  
The Board of Grievances may, in an y civil or criminal lawsuit, render 
a judgment to confiscate the seized items or those items seized afterward, in order to deduct the value thereof from the damages or 
fines or to dispose of them in accordance with th e conditions and 
procedures provided for in the Implementing Regulations. The Board 
of Grievances may order the publicizing of the judgment in one or 
more newspaper(s) at the expense of the party against whom the judgment is rendered. It may also order the destruction of the forged or imitated trademarks or marks wrongfully placed or used, and order, when necessary, the destru ction of the items carrying such 
trademarks even if a judgment of acquittal is rendered.
 
 
Law of Copyright .)5 please refer to the response to Question  (22 Article  
 
 
Criminal Procedures  
 
20. Specify the courts which have jurisdiction  over criminal acts of infringement of IPRs. 
 
 Please refer to the response to Question 1.   IP/N/6/SAU/1  
 Page 15 
 
 
21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available? 
  
The Law of 
Trademarks :43 Article  
Without prejudice to any harsher punishment, the following shall be 
punished with imprisonment for a period not exceeding one year and 
a fine not less than fifty thou sand riyals and not exceeding one 
million riyals or with one of these punishments: 
 
a.   Anyone who forges a registered trademark or imitates it in a way 
that misleads the public, and anyone who uses in bad faith a forged or 
an imitated trademark. 
 
b.   Anyone who puts or uses, in bad faith, a trademark owned by 
another on his products or services. 
 
c.   Anyone who offers, puts up fo r sale, or sells or possesses with 
intention of selling products carrying a forged, an imitated, or 
unlawfully put or used trademark, despite his knowledge thereof as 
well as anyone who offers to render services under such a trademark despite his knowledge thereof.
 
 
:44 Article  
       Without prejudice to any harsher punishment, the following shall 
be punished with imprisonment for a period not exceeding three months and a fine not less than twenty thousand riyals and not 
exceeding two hundred and fifty thou sand riyals, or with one of these 
punishments:
 
 
a.   Anyone who uses an unregistered trademark in the cases 
specified in paragraphs (b, c, d, e) of Article 2 of this Law. 
 
b.   Anyone who unlawfully inscribes on his trademarks or 
commercial papers a statement that would lead to the belief that they have been registered.
 
 
Law of Copyright Infringements : 21 Article  
The following acts shall be deemed infringements on the rights 
protected by the Law: 
 
(1)  Publishing a work not owned by the publisher, publishing it under the pretense of its ownership or without obtaining a written authorization or a contract with the author of the work, his heirs or 
their representatives. 
  
(2)  Amendment of the contents of a work, its nature, subject or title without the knowledge of the author and his prior written consent thereof, whether the amendment is made by the publisher, the producer, distributor or anyone else. 
  
(3)  Reprinting the work by the producer, the publisher or the printer without obtaining prior written consent of the copyright owner, or having the documents authorizing the reprint. 
  IP/N/6/SAU/1 
Page 16  
 
(4)  Removal of any written or electronic information that may lead 
to forfeiting the owner’s copyrights. 
  
(5)  Removing and cracking any pr otective electronic code that 
guarantees the use of the original copies of the work, such as coding 
or data recorded by the use of laser or other means. 
  
(6)  Commercial use of intellectual works through deception, which is not permitted by the owners of the copyright, such as using copied software or receiving coded broa dcasting programs through illegal 
means. 
  
(7)  Manufacturing or importing tools –for the purpose of sale or rental- of any means which facilita te receiving or exploiting works 
through means other than those determined by owner of the rights. 
  
(8)  Copying or photographing parts of a book or a collection of books or parts of any work, with or without compensation, without obtaining the written consent of the copyright owners and the competent authorities of the Ministry, with the exception of cases of lawful copying specified in Article (15) of this Law. 
(9)  Import of counterfeit, imitated or copied works. 
  
(10) Keeping non-original works at the commercial establishment, its warehouse or any other facility owned by it, whether directly or indirectly and under any pretense. 
 
(11) Infringement on any of the prot ected rights specified in this Law 
or violation of any of its provisions. 
Law of PLPD : 47 Article  
The owner of the protection documen t may initiate an action before 
the Committee against any person who infringes his invention by 
exploiting it in the Kingdom without his consent. The following shall 
be deemed as exploitation of the invention: 
 
a) If it is a product: Its manufacture, sale, offering for sale, use, storage or its importation for any of these purposes. 
 
b) If it is a process: The use of the process, or performing any of the acts referred to in the pervious para graph, in relation to the product 
which is directly obtained by the use of this process. 
 
However, the owner of the protection document’s right shall not 
preclude others from exploiting his invention in non-commercial activities relating to scientific research. 
 
:51 Article 
 
The owner of the certificate of design may initiate an action before 
the Committee against any person who infringes his design by 
exploiting it without his consent inside the Kingdom. The performance of any of the following acts shall be deemed to be exploitation of the design:  IP/N/6/SAU/1  
 Page 17 
 
 
 
a) Reproducing the whole design or any original part of it, whether by incorporation in an integrated circuit or otherwise. Acts relating to personal purposes, or scientific purposes such as research, analysis, education or evaluation shall not be deemed to be infringement.  
 
b) Importing, selling or distributing a design, or any integrated circuit in which a design is incorporated. It shall also be deemed to be 
infringement the performance of any of the acts referred to in this paragraph in relation to any article incorporating such an integrated 
circuit, if this circuit contains an unlawfully reproduced design. 
 
:56 Article 
 
a) The plant owner of the protection document may initiate an action before the Committee against any pe rson who infringes the patented 
variety by exploiting the propagating material of the patented variety 
without his consent inside the Kingdom. The following shall be deemed to be exploitation of the pr opagating material of the patented 
variety: 
(1)  Producing or propagating it.  
(2)  Conditioning it for purposes of propagation. 
(3)  Exporting it. 
(4)  Importing it. 
(5)  Offering it for sale, selling it or any other sort of marketing. 
(6)  Stocking it for any of the above purposes. 
 
b) Rights stipulated in paragraph (a ) of this Article include harvested 
material of the variety, including the whole plant or part thereof obtained by unlawful use of the propagating material of the variety. This applies where the owner of the protection document of the plant patent was not given a reasonable chance to exercise his rights in 
relation to the propagating material of the said variety. 
 
c) Rights stipulated in paragraphs (a) and (b) extend to the varieties derived essentially from the protected variety if it is not possible to distinguish such varieties clearly, in accordance with paragraph (b) of 
Article Fifty Five of this Law, from the said protected variety, or that 
the production of these varieties requires the repeated use of the said protected variety. 
 
d) Rights stipulated in paragraphs (a ), (b) and (c) of this Article shall 
not extend to acts performed for non-commercial personal purposes 
or for experimental purposes or  for purposes of breeding new 
varieties. 
 
: Article Sixty
 
The owner of the industrial design certificate may initiate an action 
before the Committee against any pe rson who infringes the industrial 
design by exploiting it for commercial purposes without his consent within the Kingdom through manufacture, sale or importation of a product that includes or represents a wholly or substantially copied industrial design.. IP/N/6/SAU/1 
Page 18  
 
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they 
required to do this on their own initiative and/or in response to complaints? 
   
The Law of 
Trademarks
 :54 Article  
The Bureau of Investigation and Prosecution shall represent the 
public right of action in the criminal case for violation of the provisions of this Law.
 
 
:36 Article  
The officials referred to in Article (56) of the Trademarks Law who 
are appointed pursuant to a decision by the Minister of Commerce shall jointly or severally record all violations to the provisions of the 
Law and its Implementing Regulati on hereof, regardless of whether 
such violations came into their knowledge through a complaint filed by a certain person or in the course of an inspection visit made by them to the market places or shops……
 
 
Implementing 
Regulations of 
Copyright Law :23 Article  
… 
9) The General Department sh all review all procedures and 
investigations, determine the violations committed, the articles governing these violations in the Law and these Regulations, and the 
views of the Department.
 
 
11) The General Department of Copyright shall refer the cases and 
violations along with all relevant documents to the violation review 
committee for consideration. 
 
Detection of Violations: 18 Article  
Detection of violations of provisi ons of the Law and the Regulations 
shall be carried out in any of the following cases: 
 
(1)  Pursuant to a complaint or written notice filed by owners of the 
right or their representatives. 
 
(2)  Routine or sudden field visits by the inspectors of the Ministry to 
public firms and shops that use in their activities any of the 
intellectual works. 
 
 
23. Do private persons have standing to in itiate criminal proceedings and, if so, who? 
 
 As cited in the chart below , private persons who are material parties have standing to initiate 
criminal proceedings. 
 
Law of Trademarks :36 Article  
The officials referred to in Article (56) of the Trademarks Law who 
are appointed pursuant to a decision by the Minister of Commerce 
shall jointly or severally record all violations to the provisions of the 
Law and its Implementing Regulati on hereof, regardless of whether 
such violations came into their knowledge through a complaint filed by a certain person or in the course of an inspection visit made by them to the market places or shops. A record of the occurrence of  IP/N/6/SAU/1  
 Page 19 
 
 
such violation shall be made and signed by the writer thereof as well 
as the owner of the shop or his substitute at the time said violation was recorded.
 
 
: 38 Article  
After investigating the violator, all violation papers, along with a 
specimen of the violation subject matter, shall be referred by the Deputy Minster for Internal Trade to  the Bureau of Investigation and 
Public Prosecution, with a request to  initiate a penal action before the 
Board of Grievances in accordance with Article (54) of the Law.
 
 
Implementing 
Regulations of Copyright LawRight holders or their representatives and the defendants or their 
representatives. 
.)22 please refer to the response to Question : ()1(18 Article 
 
Law of PLPD : 34 Article  
At the request of the owner of the protection document, and any … 
… party with interest,  
 
24. Specify, by category of IPR and type of in fringement where necessary, the penalties and 
other remedies that may be imposed: 
  - imprisonment;  - monetary fines; 
 - seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production; 
 - other. 
 
Law of Trademarks
 :43 Article  
Without prejudice to any harsher punishment, the following shall be 
punished with imprisonment for a period not exceeding one year and a fine not less than fifty thou sand riyals and not exceeding one 
million riyals or with one of these punishments:
 
 
d. Anyone who forges a registered trademark or imitates it in a way 
that misleads the public, and anyone who uses in bad faith a forged or 
an imitated trademark. 
 
e. Anyone who puts or uses, in bad faith, a trademark owned by 
another on his products or services. 
 
f. Anyone who offers, puts up for sale, or sells or possesses with 
intention of selling products carrying a forged, an imitated, or 
unlawfully put or used trademark, despite his knowledge thereof as well as anyone who offers to render services under such a trademark despite his knowledge thereof.
 
 
:44 Article  
Without prejudice to any harsher punishment, the following shall be 
punished with imprisonment for a period not exceeding three months and a fine not less than twenty th ousand riyals and not exceeding two 
hundred and fifty thousand riyals, or with one of these punishments:
 
 IP/N/6/SAU/1 
Page 20  
 
c. Anyone who uses an unregistered trademark in the cases specified 
in paragraphs (b, c, d, e) of Article 2 of this Law.
 
 
d. Anyone who unlawfully inscribes on his trademarks or commercial 
papers a statement that would lead to the belief that they have been 
registered. 
 
:45 Article  
A repeat offender shall be punished with a punishment not exceeding 
twice the maximum punishment specifi ed for the offense and closure 
of the place of business or the project for a period not less than fifteen days and not exceeding six months, in addition to publicizing the judgment at the expense of th e offender in accordance with the 
conditions and procedures provided for in the Implementing 
Regulations.
 
 
Law of Copyright . )5 please refer to the response to Question  (22 Article  
Law of PLPD : 34 Article  
…, the Committee shall grant an injunction to prevent the infringement … 
:61 Article 
 
…, any party that violates any of the provisions provided for in this Law shall be punished … 
 
25. Describe provisions governing the length and any cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost, if any. 
 
 Please refer to the response to Question 8. 
 
__________