SAUDI ARABIA Law and Practice Contributed by: Saud Alromi, Mostafa Ihab, Mohamed Ramadan and Saleh Albadry, Mohammed AlDhabaan & Partners Eversheds Sutherland
Staying Local Proceedings Pending Foreign Proceedings Saudi Arabian courts have discretionary power to stay the local proceedings if they conclude that deciding on the local proceedings is dependent on the out ‑
a patented invention without the consent of the patent owner, typically to address public health needs under Article 24 of the Patent Law. Special Considerations for Life Sciences Cases Life sciences products, including pharmaceuticals and medical devices, must comply with regulations set by the Saudi Arabian Food and Drug Authority (SFDA). This includes obtaining necessary approvals and adhering to guidelines for clinical trials. All clinical studies must be registered with the SFDA and comply with guidelines for good clinical practice and ethical standards. The SFDA has provisions for the emergency or compassionate use of unapproved medical products, which can be a critical factor in infringement cases. 1.16 Stays and Relevance of Parallel Proceedings Other Relevant Proceedings Infringement and validity proceedings can be stayed pending the outcomes of other proceedings. If there are ongoing opposition or intellectual property rights proceedings, the court may decide to stay the infringement or validity proceedings until the outcome of these proceedings is determined. Local nullity proceedings, where the validity of a pat ‑ ent or intellectual property right is challenged, can also form a basis for a stay. The court handling the infringement case may wait for the nullity proceedings Saudi Arabian courts can recognise foreign court orders or judgments when the conditions under the Saudi Arabian Enforcement Law are met. Key conditions for recognition include: • non-contradiction with Saudi Arabian public policy; and • reciprocity between Saudi Arabia and the foreign country regarding recognition and enforcement of court orders. to conclude before making a decision. Recognition of Foreign Court Orders
come of the foreign proceedings. Legal Basis for Granting a Stay
Under Article 87 of the Saudi Arabian Law of Civil Procedure, a stay may be granted if the requested proceedings will resolve an issue that will significantly impact the decision in the case sought to be stayed. 1.17 Patent Amendment Patents can be amended during litigation in Saudi Arabia. Legal Framework The Patent Law allows for amendments to be made to the claims of a patent, provided that the amendments do not extend the scope of the protection conferred by the patent, and these types of applications are not uncommon. Patent holders may seek to amend their patents to clarify claims or address issues raised dur ‑ ing litigation. Court Approach Courts in Saudi Arabia are generally receptive to amendment applications, especially if the amend ‑ ments are made to address specific issues raised during the litigation process. The amendments must comply with the legal requirements and should not extend the scope of the original claims. Conditional Amendments Amendments can be conditional, meaning that they may be subject to certain requirements or limitations imposed by the court. For example, the court may allow amendments on the condition that they do not introduce a new matter or broaden the scope of the original claims. 1.18 Court Arbiter In Saudi Arabia, there are no specialised judges for pharma/life sciences cases. All Saudi Arabian judges have the same background. That being said, actions for patent revocation are to be brought before the
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