Article 60 of the Saudi Patents Law
المادة 60 من نظام براءات الاختراع · الفصل الخامس: أحكام خاصة بالنماذج الصناعية
The article gives the owner of an industrial design certificate the right to sue before the Committee anyone who makes, sells or imports for commercial purposes goods embodying its copied design in the Kingdom.
Official text (Arabic)
This article has not been amended since the law was issued.
لمالك شهادة النموذج الصناعي الحق في رفع دعوى أمام اللجنة ضد أي شخص يتعدى على النموذج الصناعي باستغلاله لأغراض تجارية دون موافقته داخل المملكة، وذلك بصناعة، أو بيع، أو استيراد سلعة تتضمن، أو تجسد كليًّا أو جوهريًّا نموذجًا صناعيًّا منسوخًا.
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 60 explained in plain English
This article shows the protection an industrial design certificate gives once granted under the conditions of Article 59.
The right to sue: the certificate owner may bring a case before the Committee against any person who infringes the industrial design, if the following elements are all present:
- Exploitation for commercial purposes: non-commercial use does not fall within the text of the article.
- Without the owner's consent.
- Inside the Kingdom.
- The form of the act: making goods, selling them, or importing them.
- The object of the act: goods that incorporate or embody, wholly or substantially, a copied industrial design.
The phrase "wholly or substantially" means that infringement is not limited to exact copies, but includes goods that embody the copied design in its essence.
On another point, Article 61 provides for punishing anyone who violates any provision of the Law with a fine of up to SAR 50,000, doubled for a repeat offense, without prejudice to what Article 34 provides.
Anyone who finds goods bearing their design on the market, or who fears their goods resemble a protected design, would do well to consult a lawyer specializing in intellectual property and patents.
Practical example
An establishment in Jeddah owns an industrial design certificate for a distinctive design of garden benches. It discovered that a merchant was importing benches that embody its design in essence with slight changes and selling them in his stores. The establishment may bring a case before the Committee because the importing and selling were done for commercial purposes without its consent inside the Kingdom.
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 60 of the Saudi Patents Law
Is an imitation that is not an exact copy an infringement of an industrial design?
Yes. Infringement includes goods that incorporate or embody, wholly or substantially, a copied industrial design.
What acts infringe an industrial design?
Making, selling or importing goods that embody a copied design for commercial purposes without the owner's consent inside the Kingdom.
Where is a case for infringing an industrial design brought?
Before the Committee.
More articles on Industrial Designs
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.