SAUDI ARABIA Law and Practice Contributed by: Dr Saud Alromi, Mostafa Ihab, Mohamed Ramadan and Saleh Albadry, Mohammed Al Dhabaan & Partners Eversheds Sutherland
1.3 Preliminary Injunction Proceedings Preliminary Injunctions Key details In Saudi Arabia, preliminary injunctions (PIs), including ex parte injunctions, are available under the Law of Commercial Courts. The key details are as follows. PIs Both ex parte and inter partes PIs are available. Ex parte injunctions can be granted without noti - fying the opposing party, typically in urgent situ - ations where immediate action is necessary to prevent irreparable harm. A PI is to be decided on by the court within three working days as from the date it was filed. Practical considerations When deciding whether to grant a PI, Saudi Ara - bian courts consider: • balance of convenience: the court assesses whether the benefits to the plaintiff outweigh the potential harm to the defendant; • adequacy of damages: the court evaluates whether monetary compensation would be sufficient to remedy the plaintiff’s harm. If not, an injunction is more likely to be granted; • validity: the court considers the likelihood of the plaintiff’s success on the merits of the case; and • urgency: the plaintiff must demonstrate that there is an urgent need for the injunction to prevent irreparable harm. There are special requirements for an applicant to file a PI. Practically speaking, a quia timet relief is available in Saudi Arabia. For example, it might apply to acts that amount to a threat to infringe, including any preparatory steps that indicate an
imminent infringement, such as manufacturing or marketing preparations. There is no consideration specific to patent liti - gation in life sciences cases in Saudi Arabia. Court notifications are sent by the court via SMS to the mobile phone of the addressee. The alleged infringer is given an opportunity to file evidence and submissions in defence of a PI. In ex parte requests the right of the defence will be considered at the appeal stage. Protective letters are not recognised in Saudi Arabian law. 1.4 Structure of Main Proceedings on Infringement/Validity Practically speaking, infringement and validity proceedings are to be bifurcated. An infringe - ment proceeding will usually be stayed until a validity proceeding is concluded. Filing Nullity Proceedings It is possible to file nullity proceedings while there are ongoing patent office opposition pro - ceedings in Saudi Arabia. The legal framework allows for both types of actions to be pursued simultaneously. This means that a party can challenge the validity of a patent through opposi - tion proceedings at the SAIP while also initiating nullity proceedings in court. 1.5 Timing for Main Proceedings on Infringement/Validity Article 7 of the Patent Law Under Article 7 of the Saudi Arabian Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (the “Pat - ent Law”): “If the subject matter claimed in the application or in the protection document is derived from a subject matter owned by a per -
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