Article 3 of the Saudi Law of Commercial Data
المادة 3 من نظام البيانات التجارية
The article bars mentioning medals, awards and honorary degrees except for the products and persons who earned them, with a correct statement of their date, type and grantor, and restricts use of distinctions won by joint exhibits.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز ذكر ميداليات أو دبلومات أو جوائز أو درجات فخرية من أي نوع إلا بالنسبة للمنتجات التي تنطبق عليها هذه المميزات، وبالنسبة للأشخاص والأسماء التجارية الذين اكتسبوها أو لمن آلت إليهم حقوقها، ويجب أن يشتمل ذلك على بيان صحيح بتاريخها، ونوعها، والجهة التي منحتها. ولا يجوز لمن اشترك مع آخرين في عرض منتجات أن يستعمل لمنتجاته الخاصة المميزات التي منحت للمعروضات المشتركة، ما لم يبين بطريقة واضحة مصدر تلك المميزات ونوعها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 3 explained in plain English
This article regulates the mention of medals, diplomas, awards and honorary degrees in commercial data, and sets two rules:
First rule: an award is mentioned only for those who earned it
- It may be mentioned only for products to which these distinctions apply.
- And for persons and trade names who acquired them, or to whom their rights passed.
- Its mention must include a correct statement of its date, its type and the body that granted it.
Second rule: joint exhibits
A person who took part with others in exhibiting products, where the joint exhibits were granted a distinction or award, may not use that distinction for his own products unless he states clearly the source of those distinctions and their type.
The aim of the article is to prevent misleading the consumer by suggesting that a product received a recognition it did not receive, or that a collective award is specific to a particular product. It is an application of the general rule in Article 2, which requires a commercial datum to be written in Arabic at least and be true in all respects, wherever it is placed on products, packaging, invoices or means of advertising.
Article 4 complements these provisions by preventing misleading as to the country of origin. A person who needs to assess the wording of an advertisement that mentions awards can consult a lawyer who specializes in commercial cases.
Practical example
A company in Riyadh took part with several companies in a joint pavilion at an exhibition, and the pavilion won an award. The company wanted to write "award winner" on the packaging of its product. Under this article it may not do so unless it clearly states the source and type of the award, that is, that it was granted to the joint exhibits.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 3 of the Saudi Law of Commercial Data
May an award be mentioned on a product?
Only if the award applies to the product or was earned by the person or trade name or its rights passed to him, with a correct statement of its date, type and the body that granted it.
Can an award won by a joint pavilion at an exhibition be used?
It may not be used for one's own products unless the source of those distinctions and their type are clearly stated.
More articles on Misleading Commercial Data
- Article 4
The article bars putting the seller's name or address on imported products without a clear statement of the country of manufacture, and bars marks that mislead the public into thinking products come from a place famous for producing them.
لا يجوز وضع اسم البائع أو عنوانه على منتجات واردة من بلد غير البلد الذي يحصل فيها البيع، ما لم يكن مقترنا ببيان دقيق مكتوب بحروف ظاهرة عن البلد أو الجهة التي صن
- Article 5
The article bars a manufacturer from using the name of the place of his main factory on products he makes for his account elsewhere, unless the name is accompanied by a statement of the other place that leaves no confusion.
لا يجوز للصانع أن يستعمل اسم الجهة التي يوجد له بها مصنع رئيس فيما يصنع لحسابه من منتجات في جهة أخرى، ما لم يقترن هذا الاسم ببيان الجهة الأخرى على وجه يمتنع معه
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.