SAUDI ARABIA Law and Practice Contributed by: Saud Alromi, Mostafa Ihab, Mohamed Ramadan and Saleh Albadry, Mohammed AlDhabaan & Partners Eversheds Sutherland
5.5 Legal Costs Legal fees incurred by the winning party can be claimed in Saudi Arabia as per the principles of Islamic Sharia. However, as a matter of practice, legal fees are not usually awarded in full as a fraction of the incurred legal fees is usually awarded. There is no prescribed fraction to be decided by the Saudi Arabian courts as each judge will be able to exercise their discretion in this respect. Court fees are prescribed by virtue of the Saudi Ara ‑ bian Judicial Fees Law, which imposes a maximum of 5% of the amount claimed as court fees (with a maximum amount of SAR1 million) on the losing party. 5.6 Relevance of Claimant/Plaintiff Conduct to Relief Saudi Arabian law does not recognise punitive dam ‑ ages, so the conduct of the parties is not usually con ‑ sidered when deciding on the relief to be granted by Saudi Arabian courts. Trade mark disputes in the life sciences and pharma ‑ ceutical sectors are relatively common in Saudi Ara ‑ bia. The primary sources of law governing trade marks in Saudi Arabia include: • the Trade Marks Law – this law provides the frame ‑ work for the registration, protection and enforce ‑ ment of trade marks in Saudi Arabia; and • the GCC Trade Marks Law – this law, implemented in Saudi Arabia through Royal Decree No M/51, harmonises trade mark regulations across the Gulf Cooperation Council (GCC) states; and 6. Other IP Rights 6.1 Trade Marks The SFDA oversees the registration and regulation of pharmaceutical products, including trade mark con ‑ siderations. Additional Considerations for Pharma/Medical Devices Marks Restrictions on naming Pharmaceutical trade marks must not be misleading or suggest unapproved therapeutic claims. The SFDA has
specific guidelines on the naming of pharmaceutical products to ensure they are not confusing or deceptive. Issues around confusion The likelihood of confusion is a significant factor in trade mark disputes. Courts consider the similarity of the marks, the similarity of the goods or services, and the likelihood of consumer confusion. Anti-counterfeiting measures The SFDA regulations include provisions to combat counterfeiting. These measures are critical in the phar ‑ maceutical sector to ensure the safety and efficacy of medical products. 6.2 Copyright Copyright disputes in the life sciences and pharma ‑ ceutical sectors are not as common as trade mark or patent disputes, but they do occur. These disputes often involve issues related to the unauthorised use of copyrighted materials such as product labels, instruc ‑ tions for use and other proprietary content. Relevant Sources of Law Saudi Arabian Copyright Law The primary legislation governing copyright in Saudi Arabia is the Copyright Law. This law protects literary, scientific and artistic works, including those in the life sciences and pharmaceutical sectors. The SAIP The SAIP oversees the enforcement of the Copyright Law and provides a framework for the registration and protection of copyrighted works. 6.3 Trade Secrets Frequency Trade secrets disputes in the life sciences and phar ‑ maceutical sectors are relatively common in Saudi Arabia. These disputes often arise due to the high value of proprietary information and the competitive nature of the industry. Common Issues Employee mobility One of the most common issues is the movement of employees between competing firms, which can lead to the unauthorised disclosure of trade secrets.
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