Article 21 of the Saudi Geographical Indications Law

This is the main penal article of the Law, without prejudice to any more severe penalty in another law.

Penalty: prison from 1 month to 3 years, and a fine from SAR 5,000 to SAR 1,000,000, or one of the two.

Intent requirement: it applies to anyone who intentionally commits one of the following acts:

1. Unlawful commercial use of the indication, or imitating it, or attempting either, such as naming or displaying a similar product that does not meet all the elements of the usage guide, even if the product's true source is indicated or the indication is stated in translation or accompanied by words such as "kind," "type," "style," "imitation" or "blend."
2. Imitating what a product is renowned for, such as its shape, packaging or advertising, or attempting to do so, in a way that may cause confusion for the ordinary person.
3. Any use of the indication that constitutes unfair competition under the laws of the Kingdom and the international agreements to which it is a party.

Ancillary penalties: the judgment may include publishing its operative part, after it becomes final, in a local newspaper in the offender's place of residence or in any media outlet.

Repeat offense: the penalty is doubled, together with closing the shop or business or suspending the activity for a period of 15 days to 6 months. Article 22 defines a repeat offender as someone who commits the violation again within 3 years of the judgment becoming final.

Anyone facing a charge under this article should consult a lawyer who specializes in criminal and intellectual property cases.