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An author is a person who created works in the field of literature, art and sciences, , such as a man of letter, poet, painter, musician, or any other artist, according to the form in which the expression is conveyed, irrespective of their type, means of expression, importance, or purpose of authorship.
The following works are considered protected under copyright law in Saudi Arabia: Original Works: This law shall protect works created in the fields of literature, arts, and sciences, irrespective of their type, means of expression, importance, or purpose of authorship, such as:
Derived Works: This law shall also protect the following derived works:
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Protection prescribed by law shall not cover the following:
Ideas, procedures, work methods, concepts of mathematical sciences, axioms, and abstract facts.
The moral rights shall be permanent rights of the author and are not subject to waiver or lapse by prescription, and shall be retained by their owner and shall not be forfeited by granting the right of exploiting the work in any manner. Additionally, they shall pass to the Ministry upon the death of the owner who has no heirs. Therefore, the author shall have the right to exercise any of the following:
Withdraw his work from circulation.
The author, or his designee, shall have the right to exercise all or any of the following, as per the nature of the work:
All forms of material exploitation of the work in general, including permissible commercial rental.
The authors of theatrical works, musical plays, musical works or their representatives shall have the right to get approval or consent for the following:
The authors of the original fine art works and products and those of the original musical manuscripts - even if they have given up ownership of the original version of their products – shall have the right to participate in a percentage of the proceeds of each sale of these works and products, and this shall not apply to the works and products of architecture and the works and products of applied art.
The owners of the rights of the works and products shall have the right to rent them in the Kingdom, taking into account the adoption of the necessary precautions, such as:
Regulate the contractual relationship of leasing in accordance with the provisions of the Law and the Regulation.
Copyrights shall be transferable, in whole or in part, either through inheritance or by lawful disposal, which shall be recorded in writing and shall limit the scope of the transferred right in terms of both time and place. Furthermore, the rights shall be passed to the author’s heirs, with the
exception of performing any amendment to or deletion from the work.
If the author instructs in his will that the publication of his work shall be barred or if he specifies a date for such publication, his will shall be carried out within its limits.
If the work is produced by an individual and its author dies, or it is a joint work and one of the authors dies with no heirs, his share shall be passed to those entitled to it according
to the provisions of Sharia.
Infringement of literary works: Any usage of the work that exceeds the concept of personal use is considered to be an encroachment, such as:
Infringement of audio & video products and radio broadcasting: Exceeding the methods of use specified by the person entitled to them shall be considered as an infringement of the right of an author to audiovisual and radio works, examples to the same shall include the following – without limitation:
Infringement of performance rights: If the performance of the work is performed at school events or so, unless the addressee receives prior approval from the rights holders, shall be considered an infringement of the performance rights of the work and while the performance of the work made in the applied classroom for the purpose of education shall be considered as a legal use. Additionally, any reproduction of a work during its copying, filming, registration or recording, for the purpose of exploiting or transmitting it to the public without the consent of the copyright holders, shall be considered as an infringement of the copyright. Decoding the Electronic Devices: Any act leads to removal of the original precautionary information from the electronic devices produced by the manufacturer shall considered an infringement of the right of author, and any one facilitates any of the following shall be considered as violating body:
Software Infringement: Any use of the software to the contrary of the uses specified by the copyright holder shall be deemed as an infringement of the right of the author:
Infringement of electronic works: Any person who proves a resurrection through websites on the World Wide Web shall be considered an infringer of the right of the author, as follows:
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The period of copyright for the author of a work shall be for the duration of his life and for a period of fifty years following his death, and the period of copyright for joint works shall be computed from the date of the death of the last surviving author.
Protection period for works where the author is a corporate entity, or if his name is unknown, shall be fifty years from the date of the first publication of the work. If the name of the author becomes known before the end of the fifty years, the period of protection shall be fifty years after their death. If the work consists of several parts or volumes, published separately or over a period of time, each part or volume shall be considered an independent work for the purposes of the computation of its protection period.
Protection period for sound works, audio-visual works, films, collective works and computer programs is fifty years from the date of the first show or publication of the work, regardless of republication.
Protection period for applied art (handcrafted or manufactured) and photographs shall be twenty-five years from the date of publication. Computation of the period starts in this case on the date of the first publication of the work, regardless of republication. Additionally, protection period for broadcasting organizations shall be twenty years from the date of the first transmission of programs or broadcast materials, and for the producers of sound recordings and performers shall be fifty years from the date of performance or its first recording, as the case may be.
It is an authorization that permits a third party to exploit the work without the consent of the author or the copyright holders, as well as everyone shall be entitled to apply to the Authority for a compulsory license to reproduce a work or translate a work into Arabic, if the person is:
The applicant for the compulsory license shall comply with the regulations governing the compulsory license, the type of license granted to it, and the specified time period. Furthermore, provide evidence proving that they made all efforts to obtain a contractual license from the right holder whose name appears on the work and whose application has been rejected; or the right-holder whose name appears on the work was requested a contractual license and his application was not answered at least three months before the application was submitted to the Authority; or they made efforts to reach the right holder without finding him. Additionally, provide evidence that he informed the competent authority of the State believed to be the State of publication of the product to be translated or reproduced of his wish to avail himself of the right of translation or reproduction at least three months before the application for compulsory authorization was submitted to the Authority, furnish a proof of his ability to ensure the quality and accuracy of the translation or copy of the work, undertake to be able to pay the financial reward of the person entitled to it, and determine the retail price of the authorized work according to the number of editions. |
There are several types of employment contracts governed by Saudi Labor Law, including the following: Fixed-term employment contract: It is the contract that expires upon expiration of its term. However, both parties have the right to renew the contract by mutual agreement. Additionally, a fixed-term contract in Saudi Arabia may automatically convert into an indefinite-term contract if both parties continue to execute the contract after its expiration, if the contract term of the original contract and any renewals exceeds four years, or if the contract is renewed for three consecutive terms, in accordance with the provisions of Article (37) of the Saudi Labor Law for non-Saudis. Indefinite-term Employment Contract: It is a contract that is not tied to a specific duration. The parties have the right to terminate it, but only for a just cause. Either party wishing to terminate the contract based on a just cause, whether it is the employee or the employer, shall provide the other party with at least thirty days’ prior written notice before the termination date. If the employer is the one terminating the contract, the employer shall give at least sixty days prior written notice to the employee. Training and Rehabilitation Contract: This is a contract whereby the employer undertakes to train or rehabilitate an individual for a specific job. The training or rehabilitation contract shall be in writing and shall specify the type of profession for which the trainee is contracted to be trained, the duration of the training and its successive stages, the skills to be acquired, and the amount of remuneration to be given to the trainee at each stage, provided that such remuneration shall not be based on piecework or production. The contract shall clearly set out the rights and obligations of both the trainee and the employer and shall specify whether the training or rehabilitation will take place at an establishment belonging to the employer or at another establishment. Flexible Employment Contract: It is a contract pursuant to which a non-branched worker with one or more employers performs work on an hourly basis. The contract stipulates that the working hours under a flexible employment contract in Saudi Arabia shall be less than half of the standard working hours set by the facility. Additionally, the contract shall be a fixed-term contract, and the remuneration shall be determined on an hourly basis. The contract may also specify and modify the working hours after mutual agreement between the parties, with a maximum of 95 working hours per month. Seasonal Employment Contract: This is a contract under which work is performed during recurring seasons that are well-known in Saudi Arabia, such as Hajj and Umrah. Temporary Employment Contract It is a contract under which a part-time employee performs work for an employer for a number of hours per day that is less than half of the standard daily working hours in the facility, regardless of whether the employee works daily or on some days of the week. Non-Saudi Employment Contract: This type of contract differs from the previous types only with respect to the nationality of the employee. Moreover, a non-Saudi employment contract shall be written and a fixed-term contract. If the contract does not specify a term, it shall be deemed to be for one year from the date the employee actually commences work. If the work continues after the expiration of this term, it shall be considered renewed for a similar term. |
The employment contract shall be written in two copies, a copy per each party. The employment contract shall be documented in accordance with the relevant legal provisions and the provisions of the Labor Regulations. The contract shall be deemed valid even if not written. In such a case, the employee alone has the right to prove the existence of the contract and the rights arising therefrom by all means of proof. Either party have the right to request the contract to be written at any time. As for Government Employees, and General Organization, the appointment decision or order issued by the competent authority shall substitute for the contract.
Termination of the activity in which the employee is engaged, unless otherwise agreed.
An employee may not actually work for more than 8 hours a day if the employer uses the daily work criterion, or more than forty-eight hours a week if he uses the weekly criterion. During the month of Ramadan, the actual working hours for Muslims shall be reduced to a maximum of 6 hours per day or 36 hours per week.
The number of working hours may be increased to 9 hours for certain categories of employees or for specific industries and tasks where the employee is not engaged continuously. Additionally, the number of working hours may be reduced to 7 hours per day for certain categories of workers or in certain hazardous or harmful industries or jobs, such as mining, explosives manufacturing, or tanneries.
In firms where work is done in shifts, an employer may, with the approval of the Ministry of Human Resources and Social Development, increase the number of working hours to more than 8 hours per day or 48 hours per week, provided that the average working hours, when calculated over a period of 3 weeks or less, shall not be more or less than eight hours a day or forty-eight hours a week.
An employee shall not be required to work more than 5 consecutive hours without a break for rest, prayer, and meals. This rest period shall not be less than half an hour at a time during the total working hours. Furthermore, the employee shall not remain at the workplace for more than 12 hours per day. The periods designated for rest, prayer, and meals shall not count as part of the actual working hours.
Friday is the official day for weekly rest for employees in Saudi Arabia, applicable to all types of work. The weekly rest shall be paid and shall not be less than 24 consecutive hours. The employer may substitute Friday with another day of the week after notifying the relevant labor office and allowing employees to fulfill their religious obligations on Friday.
No financial compensation shall be substituted for the weekly rest day. However, it is permissible to accumulate weekly rest days owed to an employee in remote areas or in jobs that require continuous work due to the nature of the work and employment circumstances, provided that the accumulation period shall not exceed eight weeks, subject to the agreement of both the employer and the employee, and with the approval of the Ministry of Human Resources and Social Development.
The employer shall pay the employee extra wages for overtime hours equivalent to the hourly wage plus 50% of the basic wage. The employer may, with the employee's consent, compensate the employee with paid compensatory leave days instead of the wages due for the overtime hours worked. If the operation in the establishment is based on the weekly standard for working hours, any hours exceeding that standard shall be considered overtime. Additionally, all hours worked on holidays and public holidays shall be considered extra hours.
Employees in Saudi Arabia have the right to an annual holiday of not less than 21 days for each year. This period increases to not less than 30 days if the employee has completed five consecutive years of service with the employer. The holiday shall be paid in advance, and the employee may postpone its annual holiday or a portion of it to the following year, with the employer's consent.
The employee has the right to receive wages for any accrued holiday if the employee leaves the job before taking it, corresponding to the duration for which the employee has not utilized the holiday.
Each employee has the right to have a holiday with the full wage on public holidays and special occasions, as follows:
The employee is entitled to full paid leave for five days in the event of marriage, or upon the death of the spouse, or any of the ascendants or descendants. The employee is also entitled to three days of leave in the event of the death of a sibling. All such leave is to be calculated from the date of the event. Additionally, the employee is entitled to three days of leave in the event of the birth of a child, to be taken within seven days from the date of birth. The employer has the right to request supporting documentation for these events.
Each employee has the right to have a leave of no less than 10 days and no more than 15 days with full wage, including the holiday for Eid al-Adha, to perform the Hajj pilgrimage once during the employee's period of service, provided that the employee has not performed it before. The employee has the right to have this leave only after completing two consecutive years of service with the employer In addition to that,the employer have the right to determine the number of employees who will be granted this leave annually according to the needs of the work.
An employee is entitled to full paid leave to sit for an exam for a non-repeated year, the duration of which shall be determined after the actual exam days. However, if the exam is for a repeated year, the employee shall be entitled to an unpaid leave equivalent to the number of actual exam days.
The employee is entitled to sick leave with full pay for the first thirty days, three-quarters of pay for the following sixty days, and without pay for the subsequent thirty days within a single year, whether these leaves are continuous or intermittent.
The working woman is entitled to maternity leave with full pay for a period of twelve weeks, which includes six mandatory weeks following childbirth. The working woman may distribute the remaining six weeks as she sees fit, starting from four weeks before the expected date of delivery, which is determined by a medical certificate certified by a recognized health authority. If the remaining leave period is less than six weeks due to a delay in delivery beyond the expected date, the additional period will be considered as unpaid leave. In all cases, the working woman has the right to extend this leave for one month without pay.
The working woman is entitled to a paid leave of one month if she gives birth to a sick child or a child with a disability that requires continuous accompaniment. This leave begins after the end of her maternity leave. The working women has the right to extend the leave for an additional month without pay.
The employee is entitled to an amount of money payable by the employer, based on the duration of service and the last wage received. If the employee's service ends, the employer shall pay the employee's wages and settle the employee's rights within a maximum of one week from the contract expiration. However, if the employee terminates the contract, the employer shall settle the employee's full rights within a period not exceeding two weeks. The employer shall deduct any outstanding debts owed by the employee to the employer due to work-related matters from the amounts owed to the employee.
If the employment relationship ends, the employer shall pay the employee an end-of-service gratuity based on the duration of service. The gratuity shall be calculated as half a month's wage for each of the first five years of service, and one month's wage for each subsequent year. The last wage received shall be used as the basis for calculating the gratuity. The employee shall also be entitled to a gratuity for any fraction of a year, proportional to the period worked during that year.
A resignation shall be deemed accepted if 30 days have passed since its submission without a response from the employer. The employer has the right to delay the acceptance of a resignation request for a period not exceeding sixty days if the interests of work so require, provided that a written explanation is given to the employee. The delay in acceptance shall occur before the expiration of the initial thirty-day period, and the period of delay shall be calculated from the date the explanation is provided to the employee. The employment contract shall be terminated upon the acceptance of the resignation by the employer, or after the expiration of the thirty-day period without a response from the employer, or upon the completion of the delay period referenced above.
The employee has the right to rescind the resignation request within a period not exceeding seven days from the date of its submission, unless the employer has accepted it before the rescission. It is not valid for the resignation request to specify a deferred date for its implementation.
The employment contract shall remain in force during the period of the resignation request, both parties are obligated to fulfill all the obligations arising therefrom during this period. The employee whose contract ends by resignation shall be entitled to all rights prescribed under the Saudi Labor Law.
The Board of Directors of a joint-stock company in Saudi Arabia is the primary body responsible for managing the company. It represents all of the company's shareholders and is tasked with fulfilling its duties of care and loyalty in overseeing its operations. The Board of Directors shall act to preserve, develop, and enhance the company's interests and values.
The number of members on the Board of Directors of a joint-stock company in Saudi Arabia should be in proportion to the size and nature of the company’s activities. The company's Articles of Association determine the number of board members, which must be no fewer than three. It is also required that all board members be natural persons. Notably, the majority of board members must be non-executive. Additionally, the number of independent board members must not be less than two or one-third of the total board members, whichever is greater. It is also important to note that every shareholder has the right to nominate themselves, another shareholder, or even a non-shareholder for membership on the Board of Directors.
The company's Articles of Association specify the number of board members, which must not be less than three. The General Assembly elects the board members for a term defined in the Articles of Association, provided that the term does not exceed four years. Re-election is permitted unless the Articles of Association state otherwise. It is also required that no board member hold a position on the board of more than five listed joint-stock companies simultaneously. Additionally, the company must notify the regulatory authority of the names and positions of its board members within five business days from the start of the board's term or their appointment, whichever is sooner. Any changes to the board membership must also be reported to the authority within five business days of the change.
A board member shall be a professional of sufficient competence, possessing the necessary experience, knowledge, skill, and independence to effectively perform their duties. In particular, the following requirements are required:
1- Capable of leadership: The individual shall demonstrate strong leadership skills that enable them to effectively delegate authority, inspire high performance, implement best practices in management, and uphold professional ethics and values.
2- Competence: The individual shall have the appropriate educational qualifications, professional and personal skills, relevant training, and work experience related to the company’s current and future activities, or fields such as management, economics, accounting, law, or governance. A willingness to learn and undergo further training is also required.
3- Guidance Ability: The individual must possess technical, leadership, and managerial skills, along with the ability to make quick decisions, understand the technical requirements of operations, and provide strategic direction, planning, and a clear vision for the future.
4- Financial Knowledge: The individual must be able to read and understand financial statements and reports.
5- Health Fitness: The individual must not have any health condition that would prevent them from performing their duties and responsibilities effectively. The General Assembly must take into account the recommendations of the Nomination Committee and ensure that candidates possess the necessary personal and professional attributes to perform their duties effectively when electing board members.
The company's Articles of Association specify the procedures for terminating board membership. The General Assembly has the authority to dismiss all or some members of the Board, even if the Articles of Association state otherwise. In such cases, the General Assembly must elect a new Board or appoint replacements for the dismissed members, as applicable. Additionally, the General Assembly, upon the recommendation of the Board, may terminate the membership of any board member who fails to attend three consecutive meetings or five separate meetings during their term without a valid excuse accepted by the Board.
An Independent board member shall be able to perform their duties, express their opinions, and vote on decisions objectively and impartially. This enables the Board to make sound decisions that contribute to the company’s success. The Board is required to conduct an annual assessment to evaluate the member’s independence and ensure that no relationships or circumstances exist that could affect, or potentially affect, their impartiality.
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The Board of Directors of a joint-stock company in Saudi Arabia has the full powers to manage the company and direct its business to achieve its objectives. The following outlines the key responsibilities and powers of the Board: -
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The Chairman of the Board is responsible for leading the Board and overseeing its operations to ensure the effective performance of its duties. The specific responsibilities and powers of the Chairman include the following:
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Each member of the Board shall perform the following duties and responsibilities through their membership in the Board:
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The board of directors shall hold regular meetings to effectively carry out its duties and may also convene additional meetings as needed. At a minimum, the board shall hold four meetings per year, with at least one meeting every three months. Additionally, the board shall meet upon the invitation of its chairman or at the request of two of its members. Notice of the meeting, along with the agenda and any relevant documents and information, must be sent to each board member at least five days prior to the meeting unless circumstances require an emergency meeting, in which case the notice, agenda, and documents may be sent in less than five days before the meeting. The meeting will only be valid if attended by at least half of the board members, provided that the number of attendees is no fewer than three unless the company’s bylaws specify a higher number or percentage. |
The shareholders shall exercise control over the board in accordance with the provisions of the Companies Act. Shareholders may not interfere with the board's works or the company's executive management unless they are members of the board or part of the executive management. Any interference by shareholders shall be carried out through the general assembly and in accordance with its powers.
With the exception of lawsuits concerning kind related to a property outside the Kingdom, the courts of the Kingdom shall have jurisdiction to look into a lawsuit if the two litigants accept their competency even if the lawsuits do not fall within their jurisdiction.
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General courts have jurisdiction over all final claims, proofs, and similar matters that do not fall within the jurisdiction of other courts, notaries public, or the Board of Grievances. They have exclusive jurisdiction over the following:
General courts shall also have jurisdiction in governorate or center where there is no specialized court to look into all final lawsuits, cases, and proofs, and matters similar thereto, which fall within the jurisdiction of such specialized court, unless the Supreme Judicial Council decides otherwise. The general court shall also have jurisdiction in a city where there is no criminal court, to the extent of the criminal court's jurisdiction, unless the Supreme Judicial Council decides otherwise. |
Personal Status Courts have jurisdiction over:
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The Labor Courts have jurisdiction over the following:
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The commercial courts in Saudi Arabia have jurisdiction over the following:
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The Supreme Court's jurisdiction is statutorily limited to the following cases: First Case: Reviewing of Hudud (fixed punishments) Cases including those involving murder, amputation, stoning, or qisas against a life or a limb of person. In this case, the court performs its role as a trial court, not a court of application of the law. It must follow the same procedures as a court of facts based on the type of lawsuit, examining it in the same manner and within the same limits. The court has the authority to address defendants other than those against whom the lawsuit was filed, or to consider other facts not attributed to them. The Supreme Court's consideration of the subject matter in Hudud cases is mandatory, not permissibility. It is required that the judgment appealed against be between the same parties and concern the same charge. The law mandates a third trial to be conducted by the Supreme Court in Hudud cases, such as "murder, amputation, stoning, or qisas against a life or a limb of person”. Second Case: Oversight of judgments issued by courts of appeal about: The violation of the provisions of Islamic Sharia and any regulations issued by the ruler that do not contradict it. The issuance of a judgment by a court not properly constituted in accordance with the legal provisions. The issuance of a judgment by a court or an unspecialized jurisdiction. The error in qualifying the incident or describing it incorrectly. In this case, the Supreme Court is considered a court of application of the law, not a trial court. This is the general rule regarding its jurisdiction. Third case: Consideration of requests to resume lawsuit after the lawsuit has been dismissed for the second time due to the plaintiff's absence from sessions and failure to provide an excuse acceptable to the court looking into the lawsuit. Fourth Case: Reviewing of Applications for Reconsideration of its Judgments, such as:
A person who is bound by a judgment but was not a party to the lawsuit may request a review of the final judgments |
Enforcement Court shall have jurisdiction to implement the following executive documents:
The Enforcement Court has the authority to enforce judgments by coercive means and to supervise such enforcement. It has exclusive jurisdiction to adjudicate execution disputes, regardless of their value, in accordance with the provisions of summary proceedings. Additionally, it is empowered to issue decisions and orders related to execution, including orders to seek the assistance of the police or competent authorities, orders to prohibit or lift travel bans, orders of detention or release, orders for disclosure of assets, and to look into insolvency lawsuits.
تختص محكمة التنفيذ بتنفيذ السندات التنفيذية التالية:
ولمحكمة التنفيذ سلطة التنفيذ الجبري والإشراف عليه وتختص بالفصل في منازعات التنفيذ مهما كانت قيمتها، وفقاً لأحكام القضاء المستعجل.
لا يجوز تنفيذ الأحكام والقرارات والأوامر جبرًا، مادام الاعتراض عليها جائزًا، إلا إذا كانت مشمولة بالنفاذ المعجل، أو كان النفاذ المعجل منصوصًا عليه في الأنظمة ذات العلاقة.
مع التقيد بما تقضي به المعاهدات والاتفاقيات؛ لا يجوز لقاضي التنفيذ تنفيذ الحكم والأمر الأجنبي إلا على أساس المعاملة بالمثل وبعد التحقق مما يأتي:
لقاضي التنفيذ أن يأمر بالإفصاح عن أموال المدين بمقدار ما يفي بالسند التنفيذي، ويصدر الأمر بالإفصاح والحجز بعد إبلاغ المدين بأمر التنفيذ. ومع ذلك إذا ظهر لقاضي التنفيذ أن المدين مماطل من واقع سجله الائتماني، أو من قرائن الحال؛ جاز له الأمر بالإفصاح عن أمواله وحجزها قبل إبلاغه بأمر التنفيذ.
جميع أموال المدين ضامنة لديونه، ويترتب على الحجز على أموال المدين عدم نفاذ ما يقوم به من تصرف في أمواله المحجوزة.
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لا يجوز الحجز والتنفيذ على ما يأتي:
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The Commercial Court in Saudi Arabia shall have jurisdiction to consider the following:
The amount of the original claim, as stipulated in the Law and Regulations, shall be determined on the basis of the original claimed amount stated in the statement of claim, with the exception of claims for litigation expenses or attorney's fees. If the claim does not entail a financial amount, such as claims for rescission or return of the sold item, and the like, the claimed amount in respect of which the claim is filed shall be considered. |
Reconciliation and mediation shall be sought before filing any of the following claims: A - The claims specified in paragraph (3) of Article 16 of the Commercial Courts Law, which are: (Disputes arising from partnership contracts as outlined in the Civil Transactions Law.) B - The claims stated in paragraph (1) of Article 11 of the Regulations, which are: (Disputes arising between merchants due to their original or ancillary business and claims filed against the merchant in commercial contract disputes, if the value of the original claim does not exceed one million riyals. C - Claims in which the parties are married or related to the fourth degree. D- Claims relating to the contracts involving agreement - in writing - to resort to reconciliation, mediation and amicable settlement before resorting to the court. |
If a process is served to a defendant in person, or to his representative, or if either of them appears before the commercial court at any hearing, or submits a defense memorandum, the litigation shall be deemed to have been conducted in the presence of the defendant, even if he fails to appear thereafter. If a defendant or his representative was not served in person and fails to appear before the court, the court shall adjourn the hearing to a subsequent date, and serve the defendant thereof. If the defendant or his representative was not served in person for the second time and fails to appear, the court shall rule on the case, and its ruling against the defendant shall be deemed to have been rendered in his presence.
If a claimant fails to appear at any hearing without a reason acceptable to the commercial court, the court may rule on the case at the request of the defendant if the case is ripe for judgment, and such ruling shall be deemed to have been rendered in the presence of the claimant; if not, the court may dismiss the case without prejudice. A claimant may request the court to proceed with the case within 30 days from the date of said dismissal. If the claimant does not file a petition to proceed with the case within said period or if he fails to appear before the court after reopening the case, the court shall, upon its own motion, issue a ruling considering the case to have not been filed. |
Court proceedings and pleadings shall be in writing; however, the circuit may hear the statements by the parties orally. The parties may request the commercial court to hear an oral summary of their statements and defenses at the conclusion of their pleadings, and the court shall record the same in the hearing record.
The judgment shall be pronounced in an open court and must be attended by the judges who participated in the deliberations. The absence of a judge who has signed the draft judgment shall not preclude the commercial court from pronouncing the judgment.
The commercial court’s judgments or orders shall be subject to expeditious execution in the following cases:
The court may, upon the request of the party in whose favor the judgement is rendered, decide to expeditiously enforce the judgment in any of the following cases:
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May judgments rendered in Commercial Cases be appealed? Absent a specific provision, all judgments and decisions issued by the circuits of first instance at the commercial court shall be appealable, except for judgments in cases which do not exceed 50,000 riyals, as determined by the Supreme Judicial Council. |
Absent a specific provision, all judgments and decisions issued by the circuits of first instance at the commercial court shall be appealable, except for judgments in cases which do not exceed 50,000 riyals, as determined by the Supreme Judicial Council. |
A motion for reconsideration of final judgments, rendered pursuant to this
Law, may be filed in the cases provided for in the Law of Civil Procedure. A motion for reconsideration shall be made by means of a memorandum filed by the petitioner or his representative with the commercial court that rendered the final judgement, in accordance with applicable case-filing procedures. Such memorandum shall contain the particulars of the judgment sought to be reconsidered, a summary thereof, and the grounds for said motion.
The following are types of trademarks that are protected in Saudi Arabia:
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There are certain trademarks that are not covered by the legal protection granted to trademarks in Saudi Arabia. The following shall not be registered as a trademark or an element thereof:
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The following persons shall have the right to register their trademarks:
Public authorities.
The application for the registration of a trademark shall be submitted on the form prepared for same to the Saudi Authority for Intellectual Property, either manually or electronically, by the concerned party if they have a domicile in the Kingdom, or by an authorized agent with a domicile in the Kingdom who is registered in the list of trademark registration agents. Furthermore, the application shall be limited to the registration of a trademark for a single class of goods or services.
If the applicant desires to register a trademark for multiple categories of products or services within a single application, an approval from the Saudi Authority for Intellectual Property shall be obtained in accordance with the international classification known as the (Nice Classification). Furthermore, the trademark registration shall not conflict with the public law in the Kingdom of Saudi Arabia.
The Saudi Authority for Intellectual Property shall inspect and decide the trademark application within ninety days of its filing date. Additionally, the Authority may require the applicant to fulfill the conditions, provide it with the documents or affect any required amendments to the application within ninety days of the notification date, or he shall be deemed to have withdrawn the application. The Authority shall have the right to either accept or reject the trademark registration application and shall serve the applicant at his address as stated in the application of its decision in writing or electronically.
The trademark application shall include the following particulars:
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A trademark application shall be attached by:
Odors trademarks shall be submitted with a written description.
In the event that the Saudi Authority for Intellectual Property rejects or suspends a trademark application, the applicant may appeal to the Appeals Committee within sixty (60) days from the date of notification. The appellant shall be duly notified of the Appeals Committee’s decision in writing or electronically within thirty (30) days from the date of its render. Additionally, the appellant shall have the right to appeal the decision to the competent court (Commercial Court) within sixty (60) days from the date of notification.
In the event that the Saudi Authority for Intellectual Property approves the trademark application, the applicant or its agent shall pay the publication fees within thirty (30) days from the date of notification of the decision; otherwise, the application shall be deemed assigned.
After sixty days from the date of acceptance of the trademark registration application in Saudi Arabia, and in the absence of any objection to the registration of the trademark or issuance of a final judgment in this regard, the Authority will register the trademark in the Trademark Register and issue a registration certificate to its owner.
First, If a trademark is registered, the effect of the registration shall apply from the date of submission of the application. Second, The owner of a registered trademark may 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 the 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.
The period of protection resulting from the registration of a trade mark shall be (10) years. Additionally, the trademark owner shall have the right to apply for a renewal of the protection period for additional (10) years, either within the final year of its protection period or within the six months following the expiration of registration, subject to payment of the prescribed fees. The renewal request shall be approved without any new examination of the trademark. The Saudi Authority for Intellectual Property shall issue a renewal announcement, publish it, and update the Trademark Register to reflect the renewal.
If the owner of a registered trademark grants a license to a natural or legal person to use the trademark for all or part of the products or services for which it is registered, the license agreement shall be in writing, duly documented, certified, and translated if the original document is in a language other than Arabic. The license duration, in all cases, may not exceed the trademark’s designated protection period of ten years.
The ownership of a trademark shall be assigned through a request submitted to the Saudi Authority for Intellectual Property by the assignee or their authorized agent; following the payment of the required fees. Additionally, a trademark may be transferred through inheritance, a will, or a gift. The Authority shall issue an announcement regarding the assignment of trademark proprietorship and publish it in its designated bulletin once the publication fees are paid. The trademark register will then be updated to reflect the proprietorship transfer.
Basically, the bankruptcy procedures in the Kingdom of Saudi Arabia aimed at:
The purpose of the Financial Restructuring Procedure in Saudi Arabia is to facilitate reaching an agreement between the Debtor and its Creditors to settle its Debts, and where the Debtor maintains the right to manage its activities under the supervision of the Financial Restructuring Officeholder appointed by the Court or the financial restructuring applicant.
In addition, the Small Debtors Protective Settlement Procedure aims to enable Small Debtors to reach an arrangement with Creditors to settle the Debts within a reasonable timeframe through simple Procedures at a low cost and with high efficiency, while maintaining Debtor’s ability to manage its business.
The provisions of Saudi Bankruptcy Law shall apply to:
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Debtor, creditor, or the competent authority overseeing the entity's operations, such as a person authorized to engage in financial activities or manage a public facility, may file a petition with the court for the initiation of a financial restructuring procedure if the debtor is:
A petition for the initiation of a financial restructuring procedure shall not be filed if the debtor was subject to such procedure or to a small debtors’ financial restructuring procedure during the twelve (12) months preceding the petition.
The initiation of a financial restructuring procedure for small debtors requires the small debtor to be bankrupt or is likely to suffer financial difficulties that may lead to distress.
The Small Debtor, creditor, or the Competent Authority may apply for the initiation of a financial restructuring procedure instead of the initiation of a financial restructuring procedure. Additionally, the initiation of a financial restructuring procedure shall not be conducted in case the debtor was subject to such procedure or to a small debtors’ financial restructuring procedure during the twelve (12) months preceding the petition.
The petition for the initiation of the financial restructuring procedure shall be registered with the court upon filing it along with the relevant information and documents. This petition shall include a statement requesting the initiation of the financial restructuring procedure and conducting the financial restructuring procedure for the small debtors the following details:
Additionally, the initiation of the financial restructuring procedure petition submitted by the debtor shall enclose the following:
Acknowledgement of the debtor stating that it was not subject to financial restructuring procedures or financial restructuring procedures for small debtors within the twelve months preceding the petition submission and a statement from the Bankruptcy Register. The initiation of the financial restructuring procedures petition and the financial restructuring procedures for small debtors’ petition submitted by the debtor shall include as following:
Furthermore, the initiation of the financial restructuring procedure petition submitted by the competent authority shall enclose the following:
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Filing the initiation of the financial restructuring procedures petition registration or the financial restructuring procedure for small debtors shall result in the claim being pending for one hundred and eighty days. Moreover, the Court, on its initiative or per the request of the clerk or debtor, may extend this duration for no longer than one hundred and eighty days for the financial restructuring procedures and one hundred and twenty days for the financial restructuring procedure for small debtors.
Regarding initiating the financial restructuring procedures, the suspension of claims shall end either upon the completion of the 180 days or earlier if the petition to initiate the procedure is rejected, the court approves the proposal, or the procedure is concluded before receiving approval. With respect to the financial restructuring procedure for small debtors, the suspension of claims shall end either upon the completion of the 180 days or earlier if the petition to initiate the procedure is rejected, the proposal is executed or the procedure ended before its execution.
If a person other than the debtor files a petition for the initiation of a financial restructuring procedure, the court shall notify the debtor thereof within a period not exceeding five days from the date of filing. The debtor may object to the petition before the court at the scheduled hearing if:
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Having agreed with an Officerholder listed in the Officerholders list to be responsible for the Officer holder's liabilities, debtors or the Competent Authority may issue the resolution of a financial restructuring procedure initiation for small debtors, provided that the small debtor or the Competent Authority provide all the information and documents necessary for the judicial deposit.
However, the resolution of the procedure initiation issued by the small debtor or the competent authority shall be only applicable after the judicial deposit. Furthermore, the debtor may submit a procedure initiation petition to the court and register the same accompanied by the relevant information and documents. However, in case the creditor submits a procedure initiation petition, the court shall notify the small debtor of it within a duration no longer than five days as of the date of its submission. Additionally, the small debtor may object to the petition within the hearing if the conditions for initiating the procedure are not applicable, if the debt is disputed, or if the creditor seeks to abuse the procedure.
The court shall set a hearing date for considering the petition for the initiation of the procedure within 40 days from the date of filing and notify the petitioner and debtor thereof within five days from the date of registering the petition. The court shall take any of the following decisions: Initiate the procedure if:
Reject the Financial Restructuring request if:
Postponing the session:
Regarding the financial restructuring procedure for small debtors, it is initiated either by a court decision or by a judicial deposit. If the application to initiate the procedure is filed by a creditor, the court shall examine the application and issue an order to one of the following: Initiate the procedure if:
The request was denied in the following cases:
postpone the hearing: The court may postpone the hearing for a period not exceeding twenty-one days to allow for the submission of additional information or documents requested by the court from the applicant, the small debtor, or for any other reason. The concerned party shall submit the required information or documents to the court by the specified date, prior to the rescheduled session. The court shall then issue an order either initiating the procedure or rejecting the application. The small debtor who fails to attend the hearing shall be notified of the court's order within five days of the conclusion of the hearing. |
In its decision to initiate a financial restructuring procedure, the court shall appoint a listed trustee. The petitioner for the initiation of the procedure may propose to the court the name of the listed trustee to be appointed. In the appointment of the trustee, his financial capabilities and academic qualifications, as well as the qualifications of his team shall be taken into consideration. The trustee shall exercise due diligence vis-a-vis creditors’ interests. Upon the court's approval, the trustee may delegate certain duties to a listed trustee or expert, when necessary, provided that such duties are clearly specified in the court’s decision. The court may, when necessary, appoint more than one trustee to jointly act in accordance with this Law and the court's instructions, provided the court appoints a chairman from among them. The trustees shall be jointly liable for
Regarding the financial restructuring procedure of small debtors, the court, in its ruling to initiate the financial reorganization procedure, shall appoint a trustee from the list of bankruptcy trustees. The creditor may propose to the court the name of the trustee they wish to appoint from among those listed in the list. The trustee agreed upon by the small debtor or the relevant authority shall be considered appointed from the date of judicial filing. The court may, if necessary, appoint more than one trustee, with a maximum of three trustees working together in accordance with the law and its instructions, and shall choose one of them as the chairperson. The trustees shall be jointly responsible for their actions. Taking into consideration that the following shall not be appointed as trustees or experts:
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The court shall order the termination of a financial restructuring procedure if:
Regarding the cases in which the court rules to terminate the financial restructuring procedure for small debtors, the court shall order the termination of a financial restructuring procedure if:
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