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New Regulations on Border Measures
The Minister of Finance in the Kingdom of Saudi Arabia issued Ministerial Resolution No. 1277 dated 14/01/2005 on implementing border measures for the protection of Intellectual Property relating to Trademark and Copyright matters. The related regulations were divided into four chapters and fourteen articles, were published in the Official Gazette and came into force ninety days after their publication.
The general provisions of the regulations stipulate that the customs department is entitled to stop the clearance of any goods suspected of bearing infringing trademarks subject to detection of the relevant evidence. The customs department should inform the importer and trademark owner of such seizure.
In the case of copyright breach, the customs department shall transfer specimens of the suspected literary or artistic works to the competent divisions at the Ministry of Culture and Information, and the Ministry is entitled to stop the clearance of such works if they prove to be infringed. The customs department, the importer and the legitimate owner should be informed of such seizure.
It is hoped that these regulations will protect consumers from contraband products and a complex array of threats. It is the duty of customs to deter these threats while ensuring a smooth flow of goods in and out of the country. The regulations are also beneficial in paving the way towards joining the World Trade Organization.
Article four of the regulations states that the customs department is entitled to ask the trademark owner to provide any necessary assistance or information free of charge. This shall include technical expertise and facilities to determine whether the goods indeed infringe their rights.
A preliminary injunction may be obtained from the board of Grievances to seize infringing goods and from the Ministry of Culture and Information for copyright infringement. The Customs will then seize the infringing goods of literary/artistic works based on that injunction for a period of ten days during which time the aggrieved party should file a civil or criminal suit against the importer.
Decisions of the Board of Grievances of the Ministry of Culture and Information are binding and shall be implemented by the Customs as a competent authority that will commit not to permit re-importation of the infringing goods/works.
The general provisions of these regulations as discussed in Chapter four permit any interested party to file an appeal before the Board of Grievances to the decisions issued by the customs department pursuant to the regulating statement of clearance within sixty days as of the receipt or publication date of the decision.
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