WORLD TRADE  
ORGANIZATION  IP/C/W/489 
12 February 2007 
 
 (07-0581) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Responses from Saudi Arabia to questions posed by Switzerland and the United States  
 
 
 By means of a communication from the Delegati on of Saudi Arabia, dated 6 February 2007, 
the Secretariat has received the following res ponses to questions posed by Switzerland and the 
United States, as circulated in documents  IP/C/W/486 and W487, respectively. 
 
_______________ 
 
 
SWITZERLAND 
 
A. GENERAL  
1. Are the provisions of the TRIPS Agreement - in so far as not implemented in national 
law - directly applicable in your legal system? 
Saudi Arabia's intellectual property rights la ws implement all obligations of the TRIPS 
Agreement. 
B. PATENTS  
2. According to Article 31 (i) and (j) of the TRIPS Agreement, the legal validity of any 
decision relating to the authorization of a use of the subject matter of a patent without the authorization of the right holder and of any decision relating to the remuneration provided in respect of such use shall be subject to judicial review or other independent review by a distinct higher authority in the Member where such deci sion is rendered.  Please explain where and how 
these requirements are implemented in your legislation. 
 Pursuant to Article 37 of the Patents Law , a material party to a case may appeal an adverse 
decision on its legal validity or the amount of awarde d damages to the Board of Grievances within 60 
days from the date of notification of the decision.   Article 24 / a / 7  of the Patents Law states the following: 
 
 The owner of the protection document or the holder of a certificate of a design shall be 
awarded a fair compensation.  The Committee shal l determine the amount of the compensation, and 
the licensee undertakes to pay it.  IP/C/W/489 
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   Article 37  of the Patents Law states the following: 
 
 Decisions of the Committee shall be issued by majority vote, provided that the grounds for 
the decisions are stated, and their text is r ead in a public session.  The Committee shall not 
refuse to issue a decision in the lawsuit on the ground that there is no provision to govern the 
dispute in the Law or the Implementing Regulati ons.  In that case the Committee shall refer to 
the general rules observed in the Kingdom.  An appeal against any decision issued by the 
Committee may be brought before the Board of Gr ievances within sixty days from the date of 
notification of the decision. 
 
C. P
ROTECTION OF UNDISCLOSED INFORMATION  
3. According to your legislation, the "competent  registration authority may permit third 
parties to use - during the term of protection - the undisclosed data of secrets tests submitted by 
another applicant" in the following case scenarios:   1) "no trading within a reasonable period of 
time".  2) "protection of the public".  Please provide more detailed information on the 
circumstances under which such exceptions may appl y, in particular on the term "reasonable 
period of time". 
Pursuant to Article (6) of the Regulations for the Protection of Confidential Commercial 
Information , the regulatory authorities have discretiona ry authority over determining when these 
exceptions apply as well as the reasonableness of the time-frame based on all the facts and circumstances on a case-by-case basis.  There have been no cases to date on these legal issues per se  
for Saudi Arabia to be able to discu ss the circumstances as requested here. 
Article (6)  of the Regulations for the Protection of Co nfidential Commercial Information  
states: 
The competent registration authority – during the protection term of commercial secrets – 
may permit third parties to use the undisclosed data  of secret tests submitted by another applicant in 
the following cases: 
(1)  If the product first registered in the Kin gdom has not been subject of trading within a 
reasonable period of time determined by the registration authority, after approving its 
marketing. 
(2)  If this is required by a pressing necessity  determined by the competent authority to 
protect the public. 
D. G
EOGRAPHICAL INDICATIONS  
4. Please explain how your legislation implem ents section 3 of Part II of the TRIPS 
Agreement relating to Geographical Indications. 
The Saudi Arabian legislation implements fully section 3 of Part II of the TRIPS Agreement, 
as more fully disclosed in the self-evident provision s cited below, except with regard to wines and 
spirits.  There is no protection fo r geographic indications of origin of wines and spirits because 
alcoholic beverages are prohibited from being pr oduced, sold, consumed, imported or exported in 
Saudi Arabia pursuant to the Shari'a law. 
The geographical indications provisions of the TRIPS Agreement are implemented through 
the following provisions:  IP/C/W/489 
 Page 3 
 
 
  Article (2) of the Law of Trademark  states as follows: "The following signs, symbols, flags, 
etc, shall not be considered as trademarks: 
………….. f) Geographical names if their use is liable to create confusion as to the source of the products 
or services or their origin or liable to monopoli ze notice of origin or name the source without 
rightful justification.  The pictures of others or their personal or trade names unless they or 
their heirs agree to such use. 
Geographical indications are also protected under The Law to Combat Commercial Fraud, 
Article (1) : 
Punishment by (fines/penalties) which start from SRl 5000 to SRl 10,000 or closure of (place 
of business) for a period not less than one week  and no more than 90 days, or both together 
whosoever (deceives) or attempts to fraud in the following matters. 
b) Origin of the good. d) Description of the good, adve rtisement of the good and the presentation of the good in a 
way that involves faulty or misleading information. 
E. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
5. Please describe how your legislation implements the requirements of Article 41 of the 
TRIPS Agreement.  Please cite the relevant provisions of law. 
The Saudi Arabian intellectual property rights enforcement scheme implements the general 
obligations of Article 41.  For instance, but not  exclusively, it provides effective action against 
infringements;  its procedures are fair, equitable and not unnecessarily complicated or costly;  its 
decisions on the merits are written and reasoned and are made available to the parties without undue 
delay;  and there is opportunity for review by a judicial authority of administrative proceedings.  As expected, however, the implementation of this regime  is still a work in progress.  Saudi Arabia is 
making great efforts in cooperation and collaborat ion with Members and re levant international 
organizations to further streamline the process.  C ited below are the relevant provisions of law and 
regulations implementing Article 41. 
With regard to the enforcement of patents layout  designs of integrated circuits, plant varieties 
and industrial design, Article 34 the Law of Patents  states that "… At the request of the owner of the 
protection documents, and any party with interest, the Committee shall grant an injunction to prevent 
the infringement in addition to the necessary dama ges, 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 Gr ievances, and the Committee may take the necessary 
prompt measures it deems necessary to prevent the damages resulting from the infringement. 
The decision issued by the Comm ittee in this case shall be published in the Official Gazette, 
the Gazette and two daily newspapers, at the expense of the party against whom the decision is issued.  
The provision of this article shall be applied, without prejudice, to any harsher punishment provided 
for in any other law". 
Regarding enforcement of trademarks, Article (43)  states that "Without prejudice 
……knowledge thereof".  Additionally, Article 44  states that "Without prejudice …..  been 
registered".  Article 45  states that "A repeat …..  expense of the offender". IP/C/W/489 
Page 4  
 
  Regarding enforcement of unfair competition law, Article 12 of the Competition Law  states 
that "Without prejudice to any harsher punishment pr ovided by any other law, each violation of the 
provisions of this Law shall be subject to a fine not exceeding five million riyals, to be multiplied in 
case of recurrence.  Judgment publication shall be at the expense of the violator." Also Article 16  
states that:" Without prejudice to provisions of Article Twelve of this Law , the Council may issue a 
decision to take one or more of the following measures,  if a violation of one of the provisions of this 
Law has been established: 
1) Requiring the violator to change his arrange ments and remove the violation within a 
period of time specified by the Regulations. 
2) Requiring the violator to dispose of some of the assets, shares or proprietary rights, or 
to undertake any other action which removes the effects of the violation.   
3) Compelling the violator to pay a daily fine  not less than one thousand riyals and not 
exceeding ten thousand riyals, until the violation is removed." 
Article 18  states that: Any natural or corporate person subjected to harm resulting from 
practices prohibited under provisions of this Law may apply for compensation before the competent 
judiciary. 
Regarding enforcement of Copyright Law, Article 22 (Penalties)  states that " First: to 
Seventh:" , and Article 27 of Implementing Regulations  specifies the protective impounding 
procedures. 
Regarding patents, Article 37 of the Law of Patents  states that "Decisions of the Committee 
shall be issued  ….., provided that the grounds for the decisions are states". 
Article 21 of the Trademark Law states that: 
"The trademark owner shall have the right to file and action…." 
Article 48  of the Trademark Law states that: 
"Any person sustaining damages…shall be entitled to claim compensation." 
Article 31 of The Rules of Procedures before the Board of Grievances. 
Article 36(a)(1) of the Law of Patents  states that "The Committee shall have jurisdiction 
over the following: All disputes and appeals agains t decisions issued in connection with protection 
documents".  Also Article 37 states that "… An a ppeal against any decision issued by the Committee 
may be brought before the Board of Grievances ". 
Article 8 Para.1 (B) of Board of Grievances Law.   
Article 36(a)(1) of the Law of Patents  states that "The Committee shall have jurisdiction 
over the following: All disputes and appeals agains t decisions issued in connection with protection 
documents".  Also Article 37  states that "… An appeal against any decision issued by the Committee 
may be brought before the Board of Grievances ". 
  IP/C/W/489 
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  Article 13 of the Trademark Law  states that "The party concerned may file a grievance to 
the Minister of Commerce ….within sixty days fro m the date of notification thereof, and if the 
grievance is rejected…..right to appeal  to the Boar d of Grievance within thirty days from the date of 
notification thereof." 
Article 15  defines that "Any interested party may object to the acceptance of 
registration….within ninety days from the date of publicizing and a copy of objection…..deposited 
with the competent department  in the Ministry of Commerce." 
Article 23 of the Copyright Law :  Grievance:  Anyone against whom a decision was made 
by the Committee shall have the right to file……….. 
6. Please indicate the authorities responsible for the application of the measures provided 
by your legislation to combat counterfeiting and piracy.   Please explain whether the competent 
authorities are empowered to act ex officio and,  if so, please indicate the enforcement actions 
that may be taken.   Please cite  the relevant provisions of law. 
The Saudi Arabian authorities responsible for th e application of the measures provided in the 
Kingdom's legislation to combat counterfeiting a nd piracy are cited below in its self-evident 
provisions.  Competent authorities are empowered to act ex officio and the types of actions that can be 
taken by them are contained in the cited law. 
(a) Trademarks 
- Ministry of Commerce & Industry to record violations and if deemed 
appropriate, conduct an immediate investigation. 
- Bureau of Investigations and Public  Prosecution to initiate a penal action 
before the Board of Grievances. 
- Board of Grievances to hear th e case and issue judgment decision. 
- Customs Department to apply Bord er Procedures against imports of 
counterfeited goods. 
(b) Copyright 
- Ministry of Culture & Information to record violations and conduct 
investigations. 
- Violations Review Committee at the Ministry of Culture & Information to 
review the case and issue its decision. 
- Board of Grievances to look into cases referred to it by Ministry of Culture & 
Information for severe violations requiring decisions of fines exceeding 
SRl 100.000, imprisonment and/or cancella tion of the license of the violating 
establishment. 
- Customs Department and Ministry of Cu lture & Information to apply Border 
Procedures against imports of pirated Copyrights works. 
(c) The competent authorities are empowered to act ex officio by the laws and 
regulations as follows: IP/C/W/489 
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  1. Article (36) of the implementing regulations of the Trademarks Law states : 
The officials referred to in Article (56)  of the Trademarks Law who are appointed 
pursuant to a decision by the Minister of Co mmerce shall jointly or severally record all 
violations to the provisions of the Law and its  Implementing Regulation hereof, regardless of 
whether such violations came into their know ledge 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. 
2. Article (24) of the Copyright Law states : 
The officers concerned at the Ministry sha ll investigate the violation and visit media 
and commercial facilities, warehouses and public institutions and private establishments that 
use intellectual works in their activities and inv estigate them.  They shall have the power of 
judicial investigation and protection of evidentiary proofs. 
The implementing regulations shall specify the rules and procedures which these 
employees shall adhere to. 
and Article (18-2) of the implementing regulations of the Copyright Law  states: 
 
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. 
3. Article (2-a) of the Border Procedures for Protection of Intellectual Property 
Rights Regarding Trademarks and Copyrights Law states: 
The Customs Authorities may suspend the clearan ce 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. 
 
7. Please describe any new initiatives that a re planned to improve the enforcement of 
intellectual property rights in your country, part icularly initiatives to combat counterfeiting 
and piracy.  Is there a particular action plan in place? 
The Kingdom of Saudi Arabia has completed th e establishment of all necessary enforcement 
offices and judicial authorities to serve the right holders' concerns.  Saudi Arabia's enforcement 
agencies are very busy on a daily basis implemen ting the new procedures and requirements of the 
Kingdom's IP laws and regulations , which were revised to be in full compliance with the TRIPS 
Agreement.  Thus there is a steep learning curve fo r these agencies and officials to fully perform their 
new enforcement duties and obligations compet ently.  The Kingdom's initiatives to address these 
needs has two aspects: one is based on continui ng education and the second is based on actual 
experience.  The Kingdom recognizes that both aspects can best be met through a dynamic and 
constant exchange of informa tion and cooperation with interna tional, regional and Members' 
regulatory and especially enforcement authorities.  Saudi Arabia not only utilizes increasingly more 
sophisticated training programmes offered by Members that meet its needs but also participates in 
relevant conferences, seminars and other forums.  This is the Kingdom's plan of action from which 
new initiatives derive. 
As stated above the Kingdom of Saudi Arabia is developing the skills , ability and knowledge 
of its enforcement agencies, in part, by learning from its own experiences and sharing those 
experiences with other Members.  Saudi Arabia has worked very closely for a long time with the  
United States of America and it continues to do so  by taking increasingly more sophisticated as well  IP/C/W/489 
 Page 7 
 
 
  as broader training.  The Kingdom has also just started pursuing training opportunities with France 
but it is also seeking expertise and knowledge from other Members.  As well, Saudi Arabia has 
benefited and continues to benefit from a long cooperation, training a nd advisory relationship with the 
World Intellectual Property Organization.  Utilizin g this plan the Kingdom intends to improve its 
enforcement of intellectual property rights to th e highest international standard over time.   
F. PROVISIONAL MEASURES  
8. Please describe the provisional  measures provided in your legislation, including those 
which are particularly aimed at combating co unterfeiting and piracy.  Please describe the 
procedures that must be followed and cite the relevant provisions of law. 
Please find listed below, as well as in the response to Question 6, above, the law and 
implementing regulations concerning provisional measu res available to right holders and defendants 
as well as and procedures that must be followed: 
Article (22-7) of the Copyrights Law  states that: 
 
The Committee may issue an injunction against the printing of the work infringed upon, its 
production, publication or distribu tion, in addition to protective im pounding 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. 
 
Article (27) of the Implementing Regulations of the Copyrights Law  states that: 
 
(1) The committee has the authority to take i mmediate provisional measures in order to 
prevent infringement of any copyright, a nd to prevent imported works that contain 
infringement of copyright from reaching commercial outlets. 
 
(2) The committee has the authority 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 a ffirming 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 plainti ff 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 de fences within a provisional period not 
exceeding 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/C/W/489 
Page 8  
 
  (5) The committee may cancel the measures take n in accordance with Paragraphs (1) 
and (2) of this Article pursuant to a re quest 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, an d not exceeding thirty one (31) days. 
 
(6) Upon cancellation of provisional measures or expiry of their effectiveness period as 
a result of the plaintiff's negligence, or  upon becoming evident la ter that there was 
no infringement upon the works or commod ities, the committee 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. 
 
Article (49) of the Trademarks Law  states that: 
 
An owner of a trademark may at anytime, ev en 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 d escription of equipments and tools which are 
or were used in committing the offense a nd 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 paragra ph (a) provided that the seizure thereof shall 
not be affected until the claimant provides a security to be preliminarily estimated by the Board of Grievances to compensate the party against whom the seizure is 
affected, if needed.  It is permissible after the seizure is affected to contest the adequacy of the deposit made by the claima nt in accordance with the conditions and 
procedures provided for in the Implementing Regulations.  The order of the Board of 
Grievances may include the assignment of one  or more experts to assist the authority 
specified by the Implementing Regulations. 
9. Are your judicial authorities empowered to adopt, provisional measures inaudita altera 
parte  before an action leading to a decision on th e merits of the case has been lodged?  Please 
cite the relevant provisions of law. 
Yes, they are so empowered.  Please refer to  the responses to Questions 6 and 8 for the 
relevant provisions of law and implementing regulations. 
10. Does your legislation provide for any restrictions  for obtaining provisional measures?  If 
so, what are these restrictions?  Please cite the relevant provisions of law. 
In order to obtain provisional measures certain  mandatory information and/or evidence must 
be stated or filed substantiating the basis for such action.  This is to ensure the provisional measure 
requested or taken is not baseless, wanton or ta ken with bad intent.  Therefore the legislative 
restrictions are contained within the self-explan atory laws and implemen ting regulations, as cited 
below. 
Article 27 of the Implementing Regulations of the Copyrights Law  (please refer to the 
response to Question 8). 
Article 49 of the Trademarks Law  (please refer to the response to Question 8).  IP/C/W/489 
 Page 9 
 
 
  11. Please describe the measures provided by your legislation to combat counterfeiting and 
piracy at the border.  Please explain whether th e competent authorities are empowered to act ex 
officio.  Please cite the relevant provisions of law. 
As cited below in the relevant, self-expl anatory provisions of law and implementing 
regulations, the competent authorities responsible for combating counterfeiting and piracy at the 
border are empowered to act ex officio.   
 Article 49 of the Trademarks Law  (please refer to the answer to Question 8). 
 Article 28 of the Implementing Regulations of the Copyrights Law  states that: 
 
(1) A copyright owner, who has legitimate reas ons to suspect that works infringing his 
rights are intended for importation or expor tation, may submit a written request to 
the committee in order to stop and seize wo rks 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 
infringements he has incurred, provided that  the period of seizure does not exceed 
thirty one (31) days, after which amendm ent, cancellation or confirmation of such 
measures shall be considered. 
 
(4) The committee may decide that the plain tiff pay to the importer or exporter an 
appropriate compensation for damages incu rred by them as a result of wrongful 
seizure of works. 
 
(5) The committee may grant the owner of the ri ght (the plaintiff) sufficient opportunity 
to inspect the works in order to prove his allegations. 
 
(6) The importer is entitled to an equal opport unity to inspect any of these commodities. 
 
(7) The committee, in case the infringement is pr oved, 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. 
 
Article 29 of the Implementing Regulations of the Copyrights Law  states that: 
 
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 poi nt of entry.  The office shall immediately notify 
the General Department of Copyright to take the necessary measures, in coordination with the 
committee. 
 
Article (2-a) of the Border Procedures for Protection of Intellectual Property Rights 
Regarding Trademarks and Copyrights Law (please refer to the response to Question 6). 
 IP/C/W/489 
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  G. B
ORDER MEASURES  
12. Please explain in detail how Article 51 of the TRIPS Agreement is implemented in your 
legislation.  Please provide statistical informat ion on the number of cases in which import goods 
suspected of IPR infringement were seized at th e border by your customs authorities as well as 
on the quantities of the goods seized. 
Article 51 of the TRIPS Agreement concerni ng the suspension of release of suspected 
counterfeit trademark or pirated copyright goods is implemented in the following self-explanatory 
provisions law and implementing regulations:  
Article 49 the Trademark Law  (please refer to the response to Question 8). 
 
Article 22(seventh) of the Copyright Law : The implementing regulations shall specify the 
protective impounding procedures. 
 
Article 28 of the implementing regulations of the Copyright Law  (please refer to the 
answer to the response of Question 11.) 
 
Article 5 of The Border Measures Procedures  states that "Upon having legitimate reasons 
for suspending the clearance of infri nging works, the copyright owner may, at any time even prior to 
the filing of a civil or criminal lawsuit, submit a request in writing to the Ministry of Culture and 
Information for the issuance of a decision to susp end the clearance of said wo rks, in accordance with 
the procedures specified by the Implementing Regulations of Copyright Law" and Article 6  states that 
"The trademark owner may, at anytime even prior to filing a civil or criminal lawsuit, and on the basis 
of a petition enclosed therewith an official tradem ark registration certificate,  seek the issuance of a 
judicial order by the Board of Grievances to sei ze the goods bearing a counterfeit of his trademark and 
suspend their clearance by the Cust oms, in accordance with the procedures and conditions stipulated 
in Article Forty Nine of Trademarks Law." 
 
Concerning the request for statistical information, the Kingdom of Saudi Arabia is working 
diligently to devise and implement a collection, rete ntion and retrieval regime that is effective, 
efficient and all encompassing from which the effe ctiveness of Saudi Arabia's intellectual property 
rights legislative regime, amongst other things, can be determined with an accurate and complete 
statistical basis. 
13. Does Saudi Arabia provide for procedures  enabling a right holder to request the 
suspension of the release of infringing goods destined for exportation  from the territory of 
Saudi Arabia?  If so, please provide statistical information on the number of cases as well as on 
the quantities of the goods seized. 
The Saudi Arabian legislative procedural regi me does enable a right holder to request a 
suspension of the release of infringing goods destined  for export from the territory of the Kingdom. 
Article (28-1) of the Implementing Regulations of the Copyright Law  states that:  
A copyright owner, who has legitimate 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 impor tation or exportation, upon reaching the borders. 
Article 49 of the Trademarks Law , (please see above), applies to all infringing goods 
including those destined for exportation.  IP/C/W/489 
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  Please see the response to Question 12 concerning the request for statistical information. 
 
UNITED STATES 
 
A. COPYRIGHT  
1. It appears that a provision that formerly appeared at Article 12, Third , of the Copyright 
Implementing Regulations has been deleted from the regulations.  (See IP/N/1/SAU/C/2 at 7.)  
That provision read, "Reproducing the work  to make copies available for commercial 
exploitation or for selling them to students, to e ducational institutions or to others is deemed an 
infringement of copyright."  Please explain why this provision was deleted. 
This provision was unintentionally deleted from  Article 12, Third , by a technical mistake and 
has been reinserted to its previous full force and effect.   
The relevant amended Implemen ting Regulation is attached.∗ 
2. It appears that a provision that formerly appeared at Article 12, Fourth , of the 
Copyright Implementing Regulations has be en deleted from the regulations.  (See 
IP/N/1/SAU/C/2 at 7.)  That provision read, "An employer's ownership of the original copy of 
the work does not grant him the right to rep roduce and distribute it among his employees, 
under the pretext of personal use."  Please explain why this provision was deleted. 
The same technical mistake also deleted th is provision unintentionally, but it has been 
reinserted to its previous full force and effect.   
The relevant amended Implemen ting Regulation is attached.∗ 
3. Article 32 (3) of the Copyright Implementing  Regulations (see IP/N/1/SAU/C/2 at 15) 
refers to "related rights stated in this article"  but Article 32 relates to scope of protection and 
not related rights per se .  Please comment on whether this provision should instead make 
reference to Article 7 of the Copyright Regulations, the related rights article. 
There was a translation mistake in Article 32 (3)  which has now been corrected in document 
IP/N/SAU/C/2/Rev.1, which reads as follows: 
"The scope of protection as stated in Article 18 of the Law  related to international 
agreements of copyrights is exte nded to related rights stated in Article 7 of this 
Implementing Regulations ." 
4. Copyright Implementing Regulations Article 3 (3):  Please provide an explanation on 
the import ban against Saudi folklore works without prior approval. 
Article 7 paragraph ( 2 ) of the Law  states that :  "The import or distribution of copies of 
folklore works, copies of their translations or others which are produced outside the Kingdom without a license from the Ministry shall be prohibited."  
                                                     
 
∗ Secretariat note :  Implementing Regulations of Copyright Law are being circulated in 
IP/N/SAU/C/2/Rev.1. 
 IP/C/W/489 
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  The reasons for this provision are to maintain  and protect the integrity, authenticity and 
accuracy of the cultural identity of the people of  Saudi Arabia and their folklore works.   
B. P
ATENTS  
5. The new Law on Patents, Layout Designs of Integrated Circuits, Plant Varieties, and 
Industrial Designs requires absolute novelty for pa tentability, in contrast to the previous law 
which provided for a one year grace period for n ovelty.  Moreover, Article 64 states that the 
new law is to be applied retroactively to pending  patent applications.  This appears to create a 
new requirement for inventors who in good fa ith applied for patent protection under the 
previous law with a one year grace period for n ovelty.  How do you plan to address the concerns 
of inventors who were eligible for pa tentability under the previous law? 
 We would like to assert that there are no such cases.  In all applications submitted during the 
validity of the previous law intending to take a dvantage of the one-year grace period for novelty, none 
have been rejected due to the retroactivity of th e new law.  Saudi Arabia does not wish to discuss 
hypothetical cases or speculate on legal issues that may be raised in hypothetical cases. 
  
C. ENFORCEMENT  
6. Please cite the provisions of your law and/or regulations that implement the 
requirement in TRIPS Article 45.2 that the judicial authorities have the authority to order an infringer to pay the right holder' s expenses, specifically with reference to the provision that such 
expenses "may include appropriate attorney's fees". 
Attorney fees fall within the ambit of damages suffered by the right holder as a consequence 
of the infringement and of having to protect those ri ghts.  Nothing in the statutory law, cited below, 
explicitly prevents judicial authorities from awarding "appropriate attorney's fees" as part of the right 
holder's damages. 
Article 48 of the Trade Marks Law  states that: 
Anyone who has suffered damage as a result of the commission of any of the offences 
provided for in this Law may claim appropriate compensation for the damages sustained, from the 
person responsible for the offence. 
 
Article 22, Fourth, of the Copyrights Law  states that: 
The Committee may decide on financial compen sation for the benefit of the owner whose 
right has been infringed upon and who files the compla int.  Compensation shall be consistent with the 
size of infringement and the damage incurred 
Article 34 of the Patent Law  states that: 
 Any act of exploitation provided for in the sp ecial provisions governing each of the protection 
subject matters, performed by any person in the Kingdom without a written consent of the owner of 
the protection document recorded with the Director ate, shall be deemed an infringement on the 
subject matter of protection.  At the request of the owner of the protection document, and any party 
with interest, the Committee shall grant an injunctio n 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 prevent the damages resulting from the infringement.  IP/C/W/489 
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   The decision issued by the Committee in this case shall be published in the Official Gazette, 
the Gazette and two daily newspapers, at the expe nse of the party against whom the decision is 
issued.  The provision of this article shall be a pplied, without prejudice, to any harsher punishment 
provided for in any other law.  7. Please describe any efforts that are being made to improve the transparency of the 
Violations Review Committee litigation process fo r IP cases, including any efforts to notify 
parties about committee decisions or e fforts to publish committee decisions. 
A main effort Saudi Arabia is pursuing to incr ease the transparency of the Violations Review 
Committee's litigation process, including the publicati on of the Committee's decisions to the parties 
and public is through the establishment of the Minist ry of Culture and Information's Electronic Gate.  
However, the following describes the Kingdom of Saudi Arabia's efforts further: 
(a) Every person who files a complaint at MOCI or its branches shall be informed in 
writing of the committee decision. 
(b) For cases without a prior complaint filed by the rights holder/s, MOCI has the 
authority to inform the right holder/s of the committee's decision/s, provided that 
there is sufficient relevant and material in formation about the right holder/s and the 
pirated works to locate and so inform the aggrieved party/parties without undue or an unreasonable burden on MOCI. 
(c) Committee decisions will be placed on the Ministry's Electronic Gate.  The Ministry 
is exerting its best efforts to launch the Electronic Gate and will announce it to the 
public.   
(d) The concerned department at the Ministry ta kes actions with or without complaints to 
inspect, confiscate and conduct necessary inves tigations.  All cases are then referred 
to the Committee pursuant to and in compliance with Article 24 of the Copyrights 
Law  and Articles 18 to 23 of the Implementing Regulations.  
(e) Article 25, Paragraph (4) of the Implementing Regulations  states that:  
"The committee may summon any party to the violation to hear his statements… ". 
8. What information is needed by the Ministry of Information to bring a case before the 
Violations Review Committee? 
Basic information to meet the threshold needs of the Committee to accep t a case may include 
the identity and location of the right holder, the identity and location of the violator and sufficient 
evidence to allege a violation.  The actual quantit y of information will depend upon the quality of the 
information and the facts and circumstances of each case. 
Cases are referred by the General Administra tion of Copyrights to the Committee after 
information has been ascertained upon completing all the necessary and relevant procedures, such as, 
but not limited to, confiscating the alleged pirate d works, questioning the accused person/s at the 
violation site/s, analysing the pirated work and all other relevant evidence and investigating the facts 
and circumstances with all concerned parties includi ng the right holders or their representative who 
must have a valid power of attorney , pursuant to and in compliance with Articles 18 to 23 of the 
Implementing Regulations of the Copyrights Law . IP/C/W/489 
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  9. Under what circumstances may the Violations  Review Committee refer a serious case to 
the Board of Grievances?  May a party to a ca se present an argument to move a case from the 
Violations Review Committee to the Board of Gr ievances?  Copyright Implementing Regulation 
Article 25 (7) states that grave violations punish able by imprisonment or fines exceeding one 
hundred thousand riyal are the basis for referring  a case to the Board of Grievances.  What 
other considerations/conditions are required? 
The circumstances causing the Violations Review Committee to refer a serious case to the 
Board of Grievances are, as stated above, pursuant to Article 25 (7)  those that would cause a 
defendant to be imprisoned or  fined more than one hundred thousand riyals.  The Committee 
evaluates each serious case for referral to the Board of Grievances individually by examining all 
relevant and material facts and circumstances unique to that case.  This includes, without limitation, 
the quantity and value of the confiscated works as we ll as the repetition or history of violation by the 
infringers since fines are materially increased upon repeat offences.   
A material party to a case may request in writi ng that the case be moved from the Violations 
Review Committee to the Board of Grievances.  The petition for removal must include that the 
jurisdictional conditions for the Board of Grie vances to hear the case have been met. 
10. Please confirm the type of information that is  needed before an IP enforcement raid can 
be initiated.  For example, is it sufficient for the right holder to file a simple complaint naming 
the target infringer shop and alleging that the right holder representative believes there is pirate 
product there? 
The type of information necessary to initiate a raid  must be sufficient to credibly allege that a 
violation is occurring, identify the infringing good or product, accurately locate the specific site for 
the raid and/or the defendant and identify the plaintiff filing the complaint to make sure that the raid is 
legally valid.  As each case and type of infringement  alleged will be different, the actual information 
required will be based upon the case's unique facts and circumstances, including the quality of the 
information submitted and perhaps even the reputation of the plaintiff.  Information not known to the 
plaintiff that is not relevant to the raid or its purpo se need not cause the complaint to fall.  Therefore it 
depends on a weighing of all the factors whether or not a right holder or his representative, who must 
have a valid power of attorney, can initiate a ra id by MOCI upon filing a simple complaint.   
Generally the following information is needed to initiate a raid: (1) The name, identity number and address of the plaintiff, 
(2) The name and address of the accused person, 
(3) The name and address of the company allegedly producing the pirated work, 
(4) Samples of original and pirated works with a showing of the differences, and 
(5) A brief explanation of how the infringement occurred, if known. 
11. Under what circumstances may the Violations Review Committee publish the 
punishment of defamation against an individual co nvicted of IP infringement? (Copyright Law 
Article 22 (4).) 
Please see Article 22, Fifth , below, which addresses the Committee's publication of the 
punishment of defamation against an individual conv icted of IP infringement.  This provision gives 
the Committee discretionary authority to determin e the appropriate venue of publication and the  IP/C/W/489 
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  content of the notice.  The Committee will make its determination of the merits on a case-by-case 
basis depending upon the facts and circumstances unique to the specific case.  Elements included in its decision include, but are not limited to, the seri ousness, value and repetition of the infringements as 
well as the history of the infringer. 
Article 22, Fifth, states: 
"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." 
12. Copyright Law Article 23 provides for the possibility of the right holder to appeal a 
decision of the Violations Review Committee within  sixty days from the date of the notification 
of the Committee's decision.  First, plea se describe the process for making public the 
Committee's decision.  Second, on what grounds may the right holder appeal the decision, and what standard of review does the Board of Grievances apply to appeals? 
In relation to making public the Committee's deci sion, kindly refer to the response to question 
number (7). 
All right holders who are material parties to th e case and consider that an unjust decision was 
rendered against them by the Committee have the right to appeal their case to the Board of Grievances within sixty days from the date of notification of the decision.  These are the three 
elements meeting the standard of review that th e Board of Grievances applies in determining its 
formal or preliminary acceptance of the appeal. 
13. Copyright Implementing Regulations Articl e 23 (10):  Please describe the special 
register where information regarding copyright in fringement is contained.  Is the information 
publicly available? 
This is a purely internal administrative pro cess at the Incoming and Outgoing Section at the 
General Department of Copyrights.  This register is not intended for public use. 
14. Please provide statistical or descriptive in formation about recent and/or aggregate law 
enforcement activities taken against the manufac turers, distributors, vendors, importers, and 
exporters of counterfeit and pirated goods.  We  would also appreciate information on the 
prosecution of individuals and organizations charged with IP infringing activities and the disposition of IP infringing goods that have been seized in raids. 
The collection of statistical and descriptive in formation about recent and/or aggregate law 
enforcement activities against manufacturers, distri butors, vendors, importe rs and exporters of 
counterfeit and pirated goods as well as the prosecution of individuals and organizations charged with 
IP infringing activities and the disposition of IP infringi ng goods that have been seized in raids is still 
at its initial stage of development.  The Kingdom of  Saudi Arabia is working diligently to devise and 
implement a collection, retention and retrieval regime  that is effective, efficient and all encompassing 
from which the effectiveness of Saudi Arabia's intell ectual property rights legislative regime, amongst 
other things, can be determined with an accurate and complete statistical basis. 
Saudi Arabia considers enforcement and tr ansparency of enforcement activities very 
seriously.  It is seizing every opportunity to meet w ith the relevant authorities of Members, such as the 
United States of America, as well as international organizations, like the World Intellectual Property 
Organization, to exchange and discuss with expert s in the field to further enhance it capabilities.  
While the system for collection, maintenance, re trieval and appropriate di ssemination of relevant IP/C/W/489 
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  statistical information is being developed, the Ki ngdom of Saudi Arabia would like to assure the 
Members that its enforcement agencies are very bu sy on a daily basis implementing its IP laws and 
regulations, which were revised to be in full co mpliance with the TRIPS Agreement.  All necessary 
enforcement offices and judicial authorities have been  established to serve the right holders concerns.  
Further the Kingdom of Saudi Arabia is taking ever y opportunity to train its enforcement officers and 
judicial authorities to better fulfil the Kingdom's obligations in these matters. 
15. How does your government publish enforcement actions adjudicated by Saudi courts 
against IP offenders?  In the absence of official publication of court cases, how is information 
about enforcement judgments made known? 
The Board of Grievances is working on the co mpilation and classification of its decisions in 
preparation for printing and publishing available to the public. 
As for information about  enforcement judgements, the decisions are now submitted in writing 
to the parties of each case.  We anticipate that the public will have  future access to this information 
through the printing and publication venues that will used for enforcement actions. 
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