Article 43 of the Saudi Trademarks Law
المادة 43 من نظام العلامات التجارية · الباب السادس: العقوبات
The article doubles the maximum penalty for anyone who repeats a similar violation within 3 years of a final judgment, and adds closure of the shop and publication of the judgment at their expense.
Official text (Arabic)
This article has not been amended since the law was issued.
في حالة العود يعاقب العائد بعقوبة لا تزيد عن ضعف الحد الأقصى للعقوبة المقررة للمخالفة مع إغلاق المحل التجاري أو المشروع لمدة لا تقل عن خمسة عشر يومًا ولا تزيد عن ستة أشهر مع نشر الحكم على نفقة المخالف وفقًا للإجراءات التي تحددها اللائحة التنفيذية.
ويعتبر عائدا في تطبيق أحكام هذا القانون (النظام) من حكم عليه في مخالفة من المخالفات المنصوص عليها فيه وعاد إلى ارتكاب مخالفة أخرى مماثلة خلال ثلاث سنوات من تاريخ الحكم عليه نهائيا في المخالفة السابقة.
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 43 explained in plain English
This article increases the penalty for a repeat offender, meaning a person who repeats a violation of the Trademarks Law after having been convicted before.
Who is a repeat offender? A person who was convicted of one of the violations provided in the Trademarks Law and then commits another similar violation within 3 years of the date of the final judgment on the earlier violation. This requires:
- A previous final judgment on a violation of the Trademarks Law.
- A new violation similar to the earlier one.
- That it occurs within 3 years of the date of the final judgment.
The increased penalty:
- A penalty not exceeding twice the maximum penalty prescribed for the violation. For example, the maximum under paragraph A of Article 42 is 3 years of imprisonment and a SAR 1,000,000 fine, and under paragraph B it is one year of imprisonment and a SAR 100,000 fine.
- Closure of the shop or business for not less than 15 days and not more than 6 months.
- Publication of the judgment at the violator's expense, according to the procedures set by the Implementing Regulations.
The aim is to deter anyone who makes trademark imitation or the sale of counterfeit goods a repeated activity, since the effect of the penalty extends to the shop itself and to its reputation through publication. The article does not state how or by what means the judgment is published, and refers this to the Implementing Regulations. A person facing this kind of accusation may consult a lawyer who specializes in criminal cases and trademarks.
Practical example
A final judgment is issued against a shop owner in Riyadh for knowingly selling imitation bags, and two years later he is caught selling counterfeit goods again. He is a repeat offender because he committed a similar violation within 3 years, so his penalty may reach twice the maximum, together with closure of the shop for between 15 days and 6 months and publication of the judgment at his expense.
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 43 of the Saudi Trademarks Law
What is the penalty for repeatedly imitating a trademark?
A repeat offender is punished with a penalty not exceeding twice the maximum penalty prescribed, together with closure of the shop for 15 days to 6 months and publication of the judgment at their expense.
When is a person considered a repeat offender in trademark violations?
When they were convicted of a violation of the Trademarks Law and then commit a similar violation within 3 years of the date of the earlier final judgment.
Can a shop be closed for selling counterfeit goods?
In the case of repeat offending, the shop or business is closed for not less than 15 days and not more than 6 months.
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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.