The Saudi Authority for Intellectual Property “SAIP” announced on August 15, 2021 that the enforcement jurisdiction of trademarks is transferred from the Ministry of Commerce to the SAIP in line with the Council of Ministers' decision No. (496) dated 9/14/1439 AH corresponding to 5/29/2018 AD stipulating that the organization of the Saudi Authority for Intellectual Property, to become the authority competent with intellectual property in Saudi Arabia, including its protection and enforcement in accordance with the related regulations.
SAIP is working on improving and developing the systems and procedures for the enforcement of intellectual property rights and invites anyone who wishes to benefit from services related to the enforcement of trademarks to communicate through the authority's portal www.saip.gov.sa and complete the related forms or through the official direct line and email: saip@saip.gov.sa.1
The SAIP provides a brief table on its website reflecting 6 infringing acts and the related penalties, as shown below, which are same as stipulated in Article 42 of the GCC trademark Law.
Infringing Acts:
1) Imitation of a registered trademark;
2) Identifying his goods/services in bad faith with a mark owned by other.
Penalties:
Imprisonment for a period of not less than one month and not exceeding three years; and/or a fine of not less than five thousand Saudi riyals and not exceeding 1 million riyals or its equivalent in the currencies of the GCC countries.
Infringing Acts:
3) Knowingly selling, offering for sale or trading, or possessing with the intention of trading any goods bearing imitated or counterfeit marks; or unlawfully uses such marks or offers services by using the same
4) Using a non-registered mark.
5) Deliberately and in bad faith failing to indicate his registered trademark on goods or services.
6) Knowingly possessing tools or material intended to be used in the imitation or counterfeiting of registered or well-known trademarks.
Penalties:
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.
Footnote
1 https://www.saip.gov.sa/en/نقل-اختصاص-إنفاذ-العلامات-التجارية-إل/
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