SAUDI ARABIA Law and Practice Contributed by: Dr Saud Alromi, Mostafa Ihab, Mohamed Ramadan and Saleh Albadry, Mohammed Al Dhabaan & Partners Eversheds Sutherland
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 Permissibility of Amendments 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. Frequency These types of applications are not uncommon. Reasons for Amendments Patent holders may seek to amend their patents to clarify claims or address issues raised during litigation. Court Approach Courts in Saudi Arabia are generally recep - tive to amendment applications, especially if the amendments are made to address specific issues raised during the litigation process. Legal Requirements 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 condi -
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 proceed - ings. If there are ongoing opposition or intellec - tual property rights proceedings, the court may decide to stay the infringement or validity pro - ceedings until the outcome of these proceedings is determined. Local nullity proceedings, where the validity of a patent or intellectual property right is chal - lenged, can also form a basis for a stay. The court handling the infringement case may wait for the nullity proceedings to conclude before making a decision. Recognition of Foreign Court Orders 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. 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 outcome of the foreign proceedings.
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