mc_gov_sa · law · processed · 61 chunks
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وزاره التجاره
Ministry of Commerce
VISION لدا
23:30
العربيه المعريه السعوديه
KINGDOM OF SAUDI ARABIA
The Gulf Cooperation Council
Trademark Law
In the Name of Allah the Most Compassionate, the Most Merciful
Royal Decree NO: M/51 Passed on: 26/07/1435 AH
With the blessing of Allah
In the name of Abdullah bin Abdul Aziz Al Saud, Custodian of the Two Holy Mosques
We, Salman bin Abdul Aziz Al Saud
Deputy Crown Prince of Kingdom of Saudi Arabia
In accordance with the Royal Decree NO (A/145) enacted on 21/07/1435 AH:
In accordance with Article (70) of the Basic Law of Governance, enacted under the Royal Decree NO (A/90) on 27/08/1412 AH:
In accordance with article twenty (20) of the Law of Council of Ministers, enacted under the Royal Decree NO (A/13) on 03/03/1414 AH:
In accordance with article eighteen (18) of the Shura Council Law, enacted under the Royal Decree NO (A/91) on 27/08/1412 AH:
After reviewing the decision NO (13/21) of the Shura Council issued on 17/04/1435 AH; and
After reviewing the Ministerial Decree NO (306) issued on 20/07/1435 AH·
Do hereby decree the following:
First: Approving Gulf Cooperation Council Trademark Law, adopted by the Supreme Council of the GCC in its thirty-third session held in the Kingdom of Bahrain on 11 and 12 Safar 1434 AH as per the draft annexed hereto and duly enforcing it to replace the GCC Trademark Law enacted under Royal Decree No. (M/94) on 23/11/1428 AH, to be enacted within (six) months from the date of the approval of the executive regulation by the Trade Cooperation Committee.
Second: This Law shall be published in the Official Gazette within (thirty) days from the date of the approval of the executive regulation by the Trade Cooperation Committee, and shall be enforced (ninety) days after the date of publication.
Third: Assigning His Highness, Deputy Prime Minister together with the council of ministers and chairmen of concerned bodies - their respective competencies – to enforce the present Decree.
Salman bin Abdul Aziz Al Saud.
+966 11 294 4444 | Riyadh 11162
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
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وزاره التجاره
Ministry of Commerce
VISION لدا
23:30
العربيه المعربيه
Kingdom of Saudi Arabia
Decree No. (306) Passed No. 1435/07/20H
The Council of Ministries:
After reviewing the transaction received from the Royal Diwan under number 16395, dated 02/05/1435 AH, including the commercial telegram from His Excellency Minister of Trade and Industry No. 267/1/1/377, dated 22/04/1434AH, concerning GCC Trademark Law \( ^{4} \)
After reviewing the said GCC Trademark Law.
After reviewing GCC Trademark Law, enacted under Royal Decree No. (M/94) on 23/11/1428 AH:
After reviewing minutes of the Bureau of Experts Nos. (258), dated 28/04/1433AH, (408), dated 22/07/1433AH and (464), dated 15/08/1434 AH.
After considering the decision of the Shura Council No. (21/31), dated 17/04/1435 AH.
And after reviewing the recommendations of the General Committee of the Council of Ministries No. (571), dated 22/06/1435 AH.
Does hereby
First: Approve the GCC Trademark Law, approved by the GCC Supreme Council in its (thirty third) session held in the Kingdom of Bahrain on 11 and 12 Safar1434 AH as per the draft annexed hereto and duly enforce it to replace the GCC Trademark Law enacted under Royal Decree No. (M/94) on 23/11/1428 AH, to be enacted within (six) months from the date of the approval of the executive regulation by the Trade Cooperation Committee.
Second: Publish this Law in the Official Gazette within (thirty) days from the date of the approval of the executive regulation by the Trade Cooperation Committee, and enforce it (ninety) days after the date of publication.
For the same purpose, a Royal Decree (annexed hereto) has been passed.
Deputy Prime Minister
+966 11 294 4444 | Riyadh 11162
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
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وزاره التحراه
Ministry of Commerce
VISION لرق
230
العربيه المعريه
KINGDOM OF SAUDI ARABIA
Gulf Cooperation Council
Trademark Law
Part 1
Definitions
Article 1: Definitions
For the implementation of the provisions of this Law, the following words and expressions shall have the meanings ascribed thereto hereunder, unless the context requires otherwise:
GCC: Cooperation Council for the Arab States of the Gulf
Competent Authority: The Ministry in charge for the trading affairs in every GCC country and is assigned to enforce this Law.
Minister: The Minister in charge for enforcing the provisions of this Law.
implementing Regulations: The implementing regulations to be set by the Trade Cooperation Committee in enforcement of this Law.
Register: The trademarks register.
Article 2:
Trademark: It shall mean anything having a distinctive shape such as names, words, signatures, letters, numbers, addresses, drawings, logos, surnames, hallmarks, seals, pictures, engravings, packages or any other trademark(s) if used or intended to be used either to distinguish goods, products or services of a facility or other facilities or to indicate the rendering of a service or the control of inspection of goods or services.
A sound and smell shall be considered as part of the trademark.
Part 2
Procedures
Chapter 1: Trademarks Registration Procedures
Article 3:
The following shall not be registered as a trademark or an element thereof :
1. The trademark having no description or distinctive character or that made of data being only the name given by tradition to familiar goods, products, services or the common drawings and pictures of goods and products.
2. Any mark violates public morals or is contrary to the public order.
3. Public emblems, flags and other logos, of the State, the Arab or international organizations or an institution thereof or any foreign country except by its authorization as well as any imitation of such emblems, flags or logos.
4. Logos of the Red Crescent or Red Cross and such other similar symbols and other similar imitating symbols.
5. Marks that are identical or similar to symbols having a purely religious character.
+966 11 294 4444 | Riyadh 11162 لارياض
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
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www.mci.gov.sa
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وزاره التجاره
Ministry of Commerce
VISION 2013
23:30
دولیک اعلان لسودن
KINGDOM OF SAUDI ARABIA
6. Geographical names and data if their use would create confusion with regard to the origin or source of goods or services.
7. The name, surnames, picture or logo of a third party unless he/she or his/her heirs approve its use beforehand.
8. Particulars of honorary degrees to which a registration applicant does not prove his/her legal entitlement.
9. Marks that may mislead the public or include false indications on the origin or source of products or services or their other properties as well trademarks that include a fictitious, imitated or forged trade name.
10. Marks owned by natural or juridical persons with whom it is prohibited to deal as per a resolution passed by the Competent Authority in this regard.
11. Any trademark that is similar to a trademark that was previously lodged or registered by third parties for the same goods or services or for related goods or services, if the use of such trademark to be registered will mislead the consumers as to the goods or services of the registered trademark owner or will prejudice his/her interests.
12. Trademarks which result in depreciating the value of other products or services distinguished by such trademarks when registered under a certain category.
13. Trademarks deemed as just a reproduction, imitation or translation for a renowned trademark or a part thereof already registered by third parties for using same in distinguishing goods or services that are similar to the one distinguished by the renowned trademark.
14. The marks that are considered mere reproduction, imitation or translation for a renowned trademark or a part thereof already registered by third parties for using same in distinguishing goods or services that are not similar to the one distinguished by the renowned trademark, if such use indicates that there is connection between such goods or services and between the renowned trademark, or prejudices the interests of the renowned trademarks owner.
15. Marks including the following words or expressions:
(Distinction)or (Having Distinction) or (Registered) or (Registered Design) or (Printing Rights) or such similar words and expressions.
Article 4:
1. The trademark, of worldwide fame beyond the boundaries of their country of origin in which it is registered, may not be registered unless an application is submitted by the original owner or an explicit consent from him.
2. It is the public's knowledge about the trademark that determines its fame, due to the promotion or long period of registration or use or the number of countries in which the trademark is registered or becomes renowned or due to the value of trademark and the effect thereof on promoting the goods or services distinguished by the trademark.
3. A renowned trademark, may not be registered to distinguish products or services that are not similar or compliant with those distinguished by the trademark if :
a. The use of the trademark indicates a relation between the goods and services to be distinguished and the goods or services of the original trademark owner.
b. The use led to a potential prejudice to the interests of the owner of the renowned trademark.
+966 11 294 4444 | Riyadh 11162
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
www.mci.gov.sa
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وزاره التجاره
Ministry of Commerce
VISION द्वारा
230
العربيه المعروفه
Kingdom of Saudi Arabia
Article 5:
The following persons shall have the right to register their trademarks:
1. GCC nationals, natural or juridical persons, carrying out any commercial, industrial, handicraft or services activities.
2. Non-nationals who reside in any GCC country and are authorized to carry out any commercial, industrial, handicraft or services activities.
3. Non-nationals who belong to any State that is a member of a multilateral convention in which a GCC State is a party therein or who reside in such State.
4. Public juridical persons.
Article 6:
1. A register called "Trademarks Register" shall be set up at the Competent Authority wherein shall be recorded all the trademarks, names, addresses, descriptions of their goods or services and any conveyance, assignment, transfer of ownership, mortgage or license for use concerning such trademarks or any other changes. Any concerned person may review this Register and obtain request a certified true copy thereof.
2. The Trademarks Register existing at the time of enforcing the provisions of this Law shall be recorded in the register set forth in the previous clause and shall constitute an integral part thereof.
Article 7:
1. Any person who registers a mark shall be deemed its exclusive owner. The ownership of such mark may not be disputed if the person who registers it has used it uninterruptedly for at least (5) years from the date of registration without being involved in a lawsuit deciding that he is not the owner thereof.
2. The person who has registered the mark and has the priority to use the mark may request the court of jurisdiction to cancel this registration within five years of the registration date, unless it is established that the use of such mark is expressly or impliedly approved by the one who registered same in its name.
Article 8:
The application for the registration of a trade mark shall be submitted to the Competent Authority on the form prepared for same by the concerned person or his proxy under the circumstances and conditions provided in the Implementing Regulations of this Law.
Article 9:
1. A trade mark may be registered for one or more categories of the products or services according to the Implementing Regulations of the Law.
2. Being in the same category does not imply that goods or service shall be considered similar to each other. Also, being registered in different categories of the same classification does not imply that goods or services shall be considered different from each other.
Article 10:
Should one or more persons apply simultaneously for the registration of the same trademark or close or similar trademarks for one category of products or services, the Competent Authority shall suspend the registration of all applications until an attested waiver is submitted by the opponents or a final judgment is awarded in favor of one of them.
Article 11:
+966 11 294 4444 | Riyadh 11162
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
5
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وزاره التجاره
Ministry of Commerce
VISION 2010
23:30
دوله اداره الشهداد
KINGDOM OF SAUDI ARABIA
If the trademark registration applicant or his/her successors desires to have the priority right based on a previous application lodged in a state that is a member in a multilateral international convention where a GCC State is a party, such applicant shall enclose to his/her application a copy of the previous application together with an acknowledgment clarifying its date and number and the state where it is lodged, within six months from the date of registering application on which the priority right is based, otherwise, his/her right to for such claim shall lapse.
Article 12:
1. The Competent Authority may impose the restrictions and changes it deems necessary to determine and clarify the trademark in a way preventing its confusion with another mark already registered mark or for any other reason it deems expedient.
2. If the registration applicant does not reply to the Competent Authority within ninety days from the date of notice to be served to him, his application shall be deemed to be waived.
3. Should the Competent Authority refuse for some reason to register the trade mark or if the registration is dependent on restrictions or changes, it shall notify the registration applicant in writing of the reasons of its decision.
4. In all events, the Competent Authority shall decide on the registration application within ninety days from the date of its submission if it meets the conditions and circumstances provided for in this Law and its Implementing Regulations.
Article 13:
1. An applicant for registration or his representative whose application has been rejected or has been suspended on a condition may, before a Committee determined by the Implementing Regulations of the Law, complain about such decision within sixty days from the date on which such decision is notified to him. The applicant may challenge the Committee's decision before the court of jurisdiction within (60) days from the date on which such decision is notified to him.
2. The applicant shall be deemed as having waived his application if he does not challenge the Competent Authority's decision during the periods stated herein or if he does not fulfill the restrictions or conditions imposed by the Competent Authority in the period specified in the notice addressed to him in this regard.
Article 14:
1. Should the Ministry accept a trade mark, it shall, prior to its registration, publish it through the means of publication to be determined in the Implementing Regulations of this Law at the expense of the registration applicant.
2. Any interested person may, within sixty days from the date of publication, object to the registration of a mark. Such objection shall be submitted to the Competent Authority in writing. The Competent Authority shall notify the registration applicant with a copy of the objection to his application within thirty days from receipt of such application. The registration applicant shall reply to the objection in writing within sixty days of notification. If such reply is not submitted within the said delay, the applicant is deemed to have waived his application.
+966 11 294 4444 | Riyadh 11162 لارياض
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
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وزاره التجاره
Ministry of Commerce
VISION
230
دولقنا لمرا لسوغد
Kingdom of Saudi Arabia
Article 15:
1. Prior to deciding on the objections submitted thereto, the Competent Authority shall hear the statements of the objector and registration applicant or any of them, where required.
2. The Competent Authority shall issue its decision rejecting or accepting the registration. It may in the latter case impose the restrictions or conditions as it deems convenient.
3. Any interested person may appeal before the Competent Authority against the Ministry's decision within thirty days from the date on which such decision is notified to him. The appeal against the decision issued to accept the registration of a trademark shall not result in suspending of the registration procedures unless otherwise decided by the court of jurisdiction.
Article 16:
If the period set for appeal elapses without submitting any appeal regarding the acceptance of trademark registration application, the Competent Authority shall register the trademark upon the elapse of the period set for the appeal.
Article 17:
1. If a trade mark is registered, the effect of the registration shall start as from the date of submitting the application. Upon finalizing the registration of a mark, its owner shall be given a certificate containing the following data:
a. Registration number of the mark.
b. Number and date of priority and the state in which the application is lodged (if any).
c. Date of submitting the application, date of mark registration and expiry date of protection.
d. The owner of the mark's name, surname, domicile and nationality.
e. A true copy of the mark.
f. Description of goods or services for which the mark is designated and their category.
2. The owner of a registered trademark shall enjoy the right to prevent others, who do not take approval therefrom, from using a similar or identical trademark, including any geographical indicator, in the context of trade, to distinguish products or services that are identical, similar or correlated for which the mark has been registered, in such a way that confuses consumers, and such confusion may occur in case of using the same mark or a similar one to distinguish goods or services that are similar to the ones for which the mark is registered.
Article 18:
The owner of a previously registered trademark may at any time apply to the Competent Authority for making any additions or modifications on the mark, unless this modification affects the identity of the mark. . The Competent Authority's decision in this regard shall be issued according to the conditions and rules prescribed for the original registration applications. It may be subject to grievance and appeal by the same means.
+966 11 294 4444 | Riyadh 11162 لارياض
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
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وزاره التجاره
Ministry of Commerce
VISION
230
دولیک اطریان لشومد
KINGDOM OF SAUDI ARABIA
Article 19:
The Competent Authority may add any information that has been omitted by oversight; and may amend or delete any data illegally recorded therein or any data that does not comply with the truth.
Any interested person may, before the court of jurisdiction, challenge any procedure taken by the Competent Authority in this regard.
Chapter 2: Trademark Protection Period
Article 20:
1. The period of protection resulting from the registration of a trade mark shall be ten years. The mark owner may secure the continuation of such protection for further successive periods of ten years by submitting, within the last year of the valid protection period, an application for renewal of such mark's registration according to the terms and conditions provided for in this Law and its Implementing Regulations.
2. The trademark owner shall have the right to renew the registration of registered mark within the six months following the expiration of registration.
3. If a mark owner fails to apply for renewal within the sixth months following the expiry of the registration period, the Competent Authority shall, of its own motion, delete the mark from the Register.
4. The renewal of the mark registration shall be effected without any further inspection and announced by means of publication set forth in the Implementing Regulations of the Law without allowing third parties to object to such renewal.
Article 21:
Provisional protection shall be given to the marks fixed on goods displayed in official or officially-recognized intentional exhibitions organized within the State, during the period of exhibition when such marks meet the registration requirements set forth in the Law. The Implementing Regulations shall provide rules and procedures of granting provisional protection.
Chapter 3: Trademarks Deregistration
Article 22:
Without prejudice to the provisions of article 7, the Competent Authority and any interested person may request the order to delete the unduly trademark. The Competent Authority shall delete the trademark upon receiving a definitive judgment in this regard.
Article 23:
A trade mark owner may apply for its deletion either of all or part of the goods or services for which the mark is registered. The application for deletion shall be submitted pursuant to the terms and conditions stipulated in the Implementing Regulations of this Law. If the use of the mark is licensed in accordance with a contract registered in the Trademarks Register, the registration of such mark may not be deleted except upon the written approval of the licensee, unless the latter expressly waives such right in the license agreement.
+966 11 294 4444 | Riyadh 11162
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
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وزاره التحرير
Ministry of Commerce
VISION
23:30
دولده لمرايل سموز
KINGDOM OF SAUDI ARABIA
Article 24:
The court of jurisdiction may at the request of any interested person rule in favour of deleting the registration of a trademark if it is established to the court that such mark has not been seriously used for five successive years unless the mark owner proves that the lack of its use, is due to a reason beyond his control.
Article 25:
Should a trademark be deleted, it may only be re-registered in favour of a third party for the same goods or services or similar ones after the elapse of three years from the date of deletion, unless the deletion is made according to a judgment delivered by the court of jurisdiction, and such judgment determines a lesser period for re-registering the mark.
Article 26:
The deletion of a trade mark from the register shall be announced through the means of publication set forth in the Implementing Regulations of this Law.
Chapter 4: Transfer, Mortgage and Attachment of Trademarks
Article 27:
1. The trademark may be wholly or partially transferred, mortgaged or attached with or without consideration together with the commercial premises or the project of exploitation for which the mark is used to distinguish its goods or services, unless otherwise agreed.
2. Trademark may be transferred through inheritance, will or gift.
3. In all cases, the transfer, mortgage or attachment of a trademark shall have no effect against third parties unless entered in the Trademarks Register and announced in the manner determined in the Implementing Regulations of this Law.
Article 28:
1. The transfer of ownership of a commercial shop or project shall include the trademarks registered in the transferor's name which may be considered closely related to the shop or project unless otherwise agreed upon.
2. Should the ownership of a commercial shop or project be transferred without the trademark, the ownership transferor may continue using such trademark with regard to the goods or services for which it is registered unless otherwise agreed upon.
Part 3
Licensing Contracts
Article 29:
The owner of a trademark may, by a written and notarized contract, license any natural or legal person to use such mark for all or part of the goods or services for which the mark is registered. The mark owner may license others to use the same mark; and may use it himself unless otherwise agreed. The period for licensing the use of a mark may not exceed the one prescribed for its protection.
+966 11 294 4444 | Riyadh 11162 لارياض
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
9
[Non-Text]
وزاره التحره
Ministry of Commerce
VISION d 30
230
دولده لمرايل سموز
Kingdom of Saudi Arabia
Article 30:
A licensee shall not be subject to restrictions on the rights granted by the registration of a trademark or not necessary for preserving such right.
However, a licensing contract may include the following restrictions :
1. The geographical territory or period of using the mark.
2. The conditions ensuring the effective control by the mark owner over the quality of the goods or services.
3. Binding the licensee to abstain from all that acts which may result in devaluating or harming the mark.
Article 31:
A contract licensing the use of a trademark shall only be valid if it is written, and it is not a must to be recorded in the Trademarks Register. If same is recorded in the Register, the method of recording and announcement shall be determined in the Implementing Regulations.
Article 32:
A licensee may not assign it to a third party or grant sub-licenses unless otherwise agreed upon.
Article 33:
A licensing contract shall be deleted from the Register at the request of the owner of the mark or the licensee after providing evidence of termination or cancellation of the licensing contract. The Competent Authority shall notify the other party of the application submitted for deleting the license. Deletion shall not be made unless the Competent Authority notifies the other party of the license deletion application. In such case, such party may object to the deletion application pursuant to the procedures and terms provided in the Implementing Regulations.
Part 4
Collective Marks, Control Marks and Marks of Public Authorities and Occupational Establishments
Article 34:
1. Collective marks used to distinguish goods or services of facilities belonging to members
of a certain entity having a legal personality may be registered.
Collective mark registration application shall be submitted by the representative of such entity to be used by the members thereof as per the conditions and requirements set by the entity, provided that same shall be approved by the Competent Authority.
2. Collective mark registration applicant shall state, in the registration application, that it is related to a collective mark, and shall enclose to the application a copy of the requirements of using the mark to be registered.
In all cases, the registered collective mark owner shall notify the Competent Authority of any alterations to such requirements. No alteration shall be valid, unless it is approved by the Competent Authority.
3. If the collective mark is deleted, it may not be re-registered for third parties as to compliant or similar goods or services.
+966 11 294 4444 | Riyadh 11162 لارياض
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
10
[Non-Text]
وزاره التجاره
Ministry of Commerce
VISION 2010
23:30
دوله اداره المشهد
KINGDOM OF SAUDI ARABIA
4. The court of jurisdiction may at the request of any interested person rule in favour of deleting the registration of a collective mark if it is established to the court that the registered owner solely uses the collective mark or uses, or causes others to use such mark in a manner violating the requirements set forth in clause 2 of this article, or uses same in a manner misleading consumers in terms of the origin of goods or any joint specification of the goods or services for which the collective mark is registered.
Article 35:
1. Legal persons controlling or inspecting some goods or services as to their origin, components, manufacturing process, quality, identity or any other property may apply to the Competent Authority for licensing them to register a mark reserved to indicate that the control and inspection has been carried out.
In all events, such mark may only be registered or its ownership may be transferred upon the Competent Authority's approval.
2. Controlling mark registration applicant shall state in the registration application that it is related to a controlling or inspecting mark; and shall enclose to the application a copy of the requirements of using the mark to be registered.
In all cases, the registered mark owner shall notify the Competent Authority of any alterations to such requirements. No alteration shall be valid, unless it is approved by the Competent Authority
Article 36:
Trademarks may be registered for non-commercial purposes, e.g. logos of the Public Authorities or those used by the occupational establishments to distinguish their correspondence or used as badges for their members.
Article 37:
1. Signs that can be used in the context of trade as geographical indicators may constitute
attesting marks or collective ones.
2. The Implementing Regulations shall determine the conditions and rules of registering the marks set forth in articles Nos. 34, 35 and 36 of the Law as well as the documents to be submitted for registration purposes, and all the organizational matters related thereto. Registration of any mark shall have all the effects set forth in this Law.
Part 5
Enforcement of Rights
Article 38:
1. The owner, if he has justified reasons to make him believe that importing imitated or forged goods or goods bearing mark similar to his registered trademark in a way would cause confusion to the public, may submit a written application to the Customs authority to stop releasing these goods and to not allowing them to be traded.
The application shall be accompanied by evidence that is enough to convince the Customs authority that there is infringement, as apparent, on the right of the applicant for the mark. The application shall include sufficient information that could be reasonably available to the applicant to enable the said authority to identify such goods.
2. The Customs authority shall notify the applicant in writing of its decision on the application within seven days from the date of submission of the application In case of acceptance, the decision shall be effective for a period of one year from the date of submission or for the remaining period of trademark
+966 11 294 4444 | Riyadh 11162
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Kingdom of Saudi Arabia | المملكه العربيه السعوديه
www.mci.gov.sa
11
[Non-Text]
وزاره التحراج
Ministry of Commerce
VISION 2010
23:30
العربيه المطانيه السحوله
KINGDOM OF SAUDI ARABIA
protection whichever is earlier, unless the applicant requests shorter period.
3. The Customs authority may assign the applicant to provide appropriate bail or its equivalent guarantee that is enough to protect the defendant and the competent authorities, and to prevent abuse of the right to request to stop the customs release.
4. Without prejudice to the provisions of the preceding clauses, the Customs authority may motu proprio, without the need to file a complaint or an application by the
owner or a third party, issue a decision to stop customs release of imported or transit goods or goods prepared for export upon their arrival to the customs zone under its jurisdiction, if there is sufficient evidence, as apparent, proving that these goods are imitated or improperly bearing a mark similar to a registered trademark, in a manner that could cause a confusion to the public.
5. If the customs release authority has decided, pursuant to the provisions of this Article, to stop the release of goods which are in the customs zone under its control, it shall do the following:
a. Notifying goods importer and the owner of the applicant to stop the customs release immediately after its issue.
b. Notifying the owner, upon written request from him, of the names and addresses of the sender, importer and recipient of goods and the quantities thereof.
c. Allowing the interested persons to inspect the goods according to the customs procedures followed in this regard.
The owner may file a claim on the basis of the dispute before the court of jurisdiction and inform same to the Customs authority no later than ten working days from the date of notification of the decision to stop the customs release for these goods. Otherwise, the decision shall be deemed void ab initio, unless such authority or the court of jurisdiction extends this period in cases it estimates for a further 10-day period, and if the claim is already filed on the origin of the dispute, the court may support, modify or cancel the issue.
6. With the exception of cases estimated by the court, if it is established to the court that the goods, which customs release is suspended, are imitated or forged or improperly bear a trademark similar to the registered trademark, in a manner that could cause a confusion to the public, such goods shall be destroyed at the expense of the importer, or disposed out of the commercial channels if such destruction may cause unacceptable harm to public health or the environment.
7. In all cases, goods shall not be released to commercial channels or permitted to be re-exported just by removing the trademark that is illegally placed.
8. The Minister of Finance shall, after coordinating with the competent minister, issue a decision specifying the data, conditions, controls and procedures for submitting an application to stop the customs release and to decide thereon, and the documents to be attached to this application. Specifying such data shall not lead to refrain from requesting the procedure referred to above.
For the purposes of this Article, the term “imitated goods” means goods, including packages, bearing without authorization a mark similar to a registered trademark for such goods or a mark that cannot be distinguished from a registered trademark in terms of the fundamental elements.
Article 39:
The provisions of Article 38 herein shall not apply to:
a. Small quantities of goods of non-commercial nature, which are contained inside the travelers' personal luggage or sent in small packages.
b. Goods which are offered for trading on the markets of the exporting country by the owner of the trademark or with his/her consent.
Article 40:
1. In case of infringement, or to avoid an imminent infringement, on any of the rights prescribed under the provisions of this Law, the owner may obtain an order on a petition from the court of jurisdiction on the origin of the dispute to take measure(s) of appropriate precautionary measures, including :
+966 11 294 4444 | Riyadh 11162
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Kingdom of Saudi Arabia | المملكه العربيه السعوديه
www.mci.gov.sa
12
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وزاره التجاره
Ministry of Commerce
VISION 2010
23:30
دولیک اعلید لشودم
KINGDOM OF SAUDI ARABIA
a. Conducting detailed description for the alleged infringement, and goods which are subject of these infringement, and materials, tools and equipment that have been used or will be used in any of it, and keeping relevant evidences.
b. Imposing attachment on things, referred to in the preceding paragraph, and revenues resulting from the alleged infringement.
c. Preventing goods, subject of the alleged infringement, from entering into the commercial channels and preventing export thereof, including imported goods immediately after customs release thereof.
d. Suspending or preventing infringement.
2. The court may assign the petitioner to submit his evidence that affirm the occurrence of an infringement or an imminent infringement on the right, and may assign him to provide sufficient information to enable the Competent Authority to implement the precautionary measure of identification of the goods concerned.
3. The court shall decide on the petition no later than ten days from the date of submission, save the exceptional cases estimated by the court.
4. The court may, when required, issue the order, at the request of the petitioner, without calling the other party, if delay in issuing the order may cause irreparable harm to plaintiff, or there is a fear of the demise or destruction of evidence, in this case the other party shall be notified of the matter without delay immediately after its issuance, and when necessary, the other party may be notified directly after implementing the order.
5. If the court ordered to take precautionary measure without calling the other party, the defendant after being notified of the matter may appeal it before the court of jurisdiction within twenty days from the date of notification, and the court in this case may support, modify or cancel it.
6. The court may assign the petitioner to provide a suitable bail or its equivalent guarantee that is sufficient to protect the defendant and to prevent abuse of the right, and the amount of bail, or its equivalent guarantee, shall not be big to the extent that it may lead unreasonably to refrain from request to take precautionary measures referred to above.
7. The owner may file a claim for the dispute within twenty days from the date of issuance of the order to take the precautionary measures, or from the date on which he is notified of the rejection of the appeal provided for in Clause of this Article, as the case may be. Otherwise, this order will be cancelled at the request of the defendant.
Article 41:
1. The owner, if he incurred direct damage as a result of infringing any of his rights under the provisions of this Law, may file a claim before the court of jurisdiction to request a judgment for a suitable compensation for the damage affected him as a result of the infringement, including profits earned by the defendant.
The court shall determine the compensation it deems appropriate for redressing the damage, taking into account the value of a good or service, subject of infringement, in accordance with what is determined by the plaintiff on the retail price or any other licit criterion required to be applied or as to be determined by the expert.
2. The owner may, instead of claiming a compensation redressing the damage including profits earned by the infringer in accordance with the provisions of the preceding paragraph, request, at any time before considering the claim, a judgment giving him an a suitable compensation if it is proved that the infringement is represented in using the trademark in the intentional imitation of commodity or is made in any other manner.
+966 11 294 4444 | Riyadh 11162
@ SaudiMCI
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
13
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وزاره التحراج
Ministry of Commerce
VISION 2010
23:30
العربيه المطبيه
KINGDOM OF SAUDI ARABIA
3. The court of jurisdiction may, upon considering the claims relating to the rights prescribed under the provisions of this Law, order the following:
a. Seizing goods which are suspected to be involving an infringement, and seizing any materials or tools related thereto, and any documentary evidence relating to the infringement.
b. Obligating the infringer to stop the infringement, including preventing the export of goods that involve the infringement of any of the rights prescribed under the provisions of this Law and preventing the entry of imported ones into the commercial channels immediately after customs release.
c. Obligating the infringer to provide the court of jurisdiction or to the owner with the information in his possession on all those persons or entities that contributed in any aspect of the infringement, and on the methods of production and distribution channels of such goods or services, including the identity of all those who participated in the production or distribution of goods or services and determining his own distribution channels.
4. The court of jurisdiction, at the request of the owner, may order to destroy goods which imitation is established, except in exceptional cases, without compensation of any kind to the defendant, and it may order - without delay - to destroy the materials and tools used in the manufacture or production of imitated goods without compensation of any kind to the defendant, and the court, in exceptional cases that it estimates, may order to dispose of such goods outside the commercial channels so as to prevent the possibility of further infringements.
The court of jurisdiction may, instead of destroying the goods, materials and tools used in the manufacture or production of imitated goods, order to dispose of them outside the commercial channels, if the destruction of goods results in unacceptable harm to public health or environment.
5. Removal of trademark improperly placed on the imitated goods shall not be considered as a good reason to release them to the commercial channels.
6. The court of jurisdiction shall estimate costs and fees of experts and specialists assigned to conduct task for the claim, in a manner commensurate with the size and nature of the
task assigned thereto, and without unreasonably precluding the recourse to these procedures.
Part 6
Penalties
Article 42:
a. Without prejudice to any greater penalty imposed by another law, a sentence of imprisonment for a period not less than one month and not exceeding three years and/or a fine not less than five thousand Saudi Riyals and not exceeding one million Saudi Riyals or its equivalent in other GCC currencies, shall be imposed on any person convicted of the following offences:
1. Misrepresenting or imitating a mark registered under the provisions of this Law or imitating it in a manner misleading or confusing the public, or using in bad faith any misrepresented or imitated mark.
2. Identifying his goods or services in bad faith with a mark owned by others. b. Without prejudice to any greater penalty imposed by another law, a sentence of imprisonment for a period not less than one month and not exceeding one year and/or a fine not less than one thousand Saudi Riyals and not exceeding one hundred thousand Saudi Riyals or its equivalent in other GCC currencies shall be imposed on any person convicted of the following offences:
1. Knowingly selling, offering for sale or trading, or possessing with the intention of trading any goods bearing false or imitated marks; or unlawfully uses such marks or offers services under them.
2. Using a non-registered mark in cases provided for in Clauses from 2 to 11 of Article 3 herein.
3. Unlawfully indicates on his mark, papers or commercial documents anything that might lead to the belief that he has obtained registration of such mark.
4. Deliberately and in bad faith failing to indicate his registered trademark on goods or services.
5. Knowingly possessing tools or material intended to be used in the imitation of registered or famous trademarks.
+966 11 294 4444 | Riyadh 11162
@ SaudiMCI
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
www.mci.gov.sa
14
[Non-Text]
وزاره التجاره
Ministry of Commerce
VISION لقي
23:30
دولقي ييعل ايمەل
KINGDOM OF SAUDI ARABIA
Article 43:
Where a person repeats the commission of an offence, a sentence of double the maximum one provided herein shall be imposed, in addition to closure of the shop or project for a period of not less than fifteen days and not more than six months. The judgment shall be published at the expense of the accused in accordance with procedures specified in the implementing Regulations. Under the provisions of this Law, an offence shall be considered repeated if it is committed by the accused within three years from the date on which the sentence for the previous offence was imposed.
Article 44:
Where an action of attachment is judicially determined to have been wrongfully brought, The distrainee may bring an action against the distrainer and apply for compensation as per actions stipulated in Article 40 hereof, provided that such application shall be made within ninety days from either the expiration of the period stated in the same Article if no action was brought against him, or the issue date of the final judgment rendering in the action brought against him. In both cases, the deposit shall not be refunded to the distrainer before the final decision has been made in the action brought by the distrainee or after the the expiration of the period indicated for bringing his action without filing it.
Part 7
Final Provisions
Article 45:
The employees concerned with the enforcement of this Law and related resolutions, who are appointed by a resolution conforming to the procedures adopted in each GCC state, shall have the capacity of judicial enforcement officers, and shall be entitled to access the site where this Law related activities are carried out to detect any violations.
The concerned authorities shall provide the necessary facilities for these employees to properly perform their duties.
Article 46:
The Competent Authority may establish a publicly accessed electronic system and database, including a database on the Internet, to enable the submission of applications for registration and renewal of trademarks, the follow-up and completion of necessary procedures via internet.
Article 47:
Trademarks registered in accordance with the provisions of laws, decisions and regulations applicable prior to the effectiveness date of this Law shall be valid. Such trademarks shall be given the protection set forth herein.
Article 48:
The provisions of this Law shall apply to registration applications for pending trademarks which that were submitted before the effectiveness date of this Law, provided that such applications be modified in accordance with the provisions hereto.
Article 49:
The provisions of this Law shall not prejudice the controls and obligations stipulated in the international bilateral conventions in force in the State.
Article 50:
+966 11 294 4444 | Riyadh 11162 لارياض
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
15
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وزاره التحادره
Ministry of Commerce
VISION لدا
230
العربيه المطبيه
KINGDOM OF SAUDI ARABIA
The Implementing Regulations shall determine the charges to be collected for actions made under this Law and its Implementing Regulations.
Article 51:
The Trade Cooperation Committee shall have the right to interpret this Law and propose amendments thereto.
Article 52:
The Committee of Commercial Cooperation shall issue the implementing Regulations of this Law.
+966 11 294 4444 | Riyadh 11162
Kingdom of Saudi Arabia | المملكه العربيه السعوديه
@ SaudiMCI
www.mci.gov.sa
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