Issued by Saudi Authority for Intellectual Property Decision 3/12/2020
Article 1
The following terms and phrases—wherever they appear in this regulation—have the meanings assigned to each of them, unless the context requires otherwise:
Authority:
The Saudi Authority for Intellectual Property.
Supervising entity:
The Board of Directors of the Saudi Authority for Intellectual Property.
Committee:
The National Committee for the Enforcement of Intellectual Property Rights.
Chairman of the committee:
The chief executive officer of the authority.
Regulation:
The Regulation Governing the Work of the National Committee for the Enforcement of Intellectual Property Rights.
Enforcement:
The legal and executive procedures and measures to ensure the effective protection of intellectual property rights.
Enforcement system:
The national entities competent or contributing to improving the enforcement of intellectual property rights in the Kingdom.
Secretary general:
The secretary general of the national enforcement committee.
Secretariat general:
The secretariat general of the national enforcement committee.
Subcommittees:
Specialized subcommittees that are established based on the requirements of the work need.
Work teams:
Work teams formed in the regions of the kingdom.
Article 2
The committee aims to improve the functioning of the enforcement system and to enhance efforts toward developing work methods and procedures, achieving harmony and coordination among governmental and private entities by enforcing intellectual property rights, and elevating these efforts to a level that reflects the esteemed status of the Kingdom of Saudi Arabia.
Article 3
A standing committee named the “National Committee for the Enforcement of Intellectual Property Rights” must be formed in the authority, supervised by the Board of Directors of the Saudi Authority for Intellectual Property, chaired by the chief executive officer of the authority and the membership of a representative of each of the following: The Ministry of Justice, the Public Prosecution, the Ministry of Commerce, the Ministry of Media, the Public Security, the General Authority of Customs, the Food and Drug Authority, the General Commission for Audiovisual Media, the Communications and Information Technology Commission, and the Council of Saudi Chambers, provided that the ranks of representatives of government entities are not less than the 14th rank or its equivalent, in addition to a member of the specialists in the authority.
Article 4
Without prejudice to the mandates of other entities, the committee has the following mandates:
1․ Proposing national programs and initiatives to ensure the enforcement of intellectual property rights, define related policies, objectives, plans, and performance indicators relating to them, follow up on the implementation of the necessary steps to achieve them with the relevant entities, and verify their outcomes and effectiveness.
2․ Following up on the procedures for enforcing intellectual property rights within the enforcement system entities and proposing their development, and the appropriate mechanism for their implementation.
3․ Coordinating efforts and strategies with the enforcement system entities in planning national campaigns and programs to combat intellectual property infringement activities, implementing them, and following up on their activities.
4․ Studying the impact of punishments in deterring violators and the appropriateness of compensation of owners of intellectual property rights who have been harmed in relation to the enforcement system, and submitting its recommendations to the concerned entity.
5․ Proposing the appropriate mechanism for settling intellectual property disputes and alternative methods with the enforcement system entities.
6․ Proposing the legal provisions relating to the enforcement of intellectual property rights within the laws in force in coordination with the relevant entities and submitting them to complete the necessary legal procedures.
7․ Preparing a procedural guide to raise awareness of the owners of intellectual property rights and beneficiaries about the procedures related to enforcement in the system and submitting it to the authority for approval.
8․ Coordinating efforts to develop an electronic database, supervising the enforcement platform at the authority and linking the enforcement system entities, sharing information and data related to the enforcement of intellectual property rights to ensure accurate, timely, and confidential access to information for supporting and monitoring enforcement efforts, and enhancing the performance of its enforcement system.
9․ Providing a database that includes statistics and studies related to the Kingdom and its publications and scientific references on intellectual property.
10․ Proposing specialized development and training programs in the field of intellectual property rights enforcement and following up on their implementation to qualify and raise the efficiency of administrative and technical cadres working in the enforcement system.
11․ Establishing subcommittees and work teams to which the committee assigns the implementation of some of its tasks.
12․ Preparing the regulations governing the work of the subcommittees and work teams and adopting them by the chairman of the committee.
13․ Seeking the assistance of whomever it deems appropriate from the private sector, associations, non-profit institutions, consultancy offices, think tanks, experts, and local and international consultants to serve the objectives of the committee.
14․ Setting rules that ensure the confidentiality of any information obtained by the committee from any entity, including the prohibition of disclosing any confidential information obtained by any entity during the performance of its tasks as a member of the committee, one of its personnel, or an advisor to it.
15․ Preparing periodic reports and statistical surveys on the performance of the enforcement system, identifying and analyzing the difficulties it faces in performing its work, and finding appropriate solutions to address them and submitting them through the competent entity.
16․ Communicating and coordinating with other entities concerned with the enforcement of intellectual property inside and outside the Kingdom through the usual official channels.
17․ Providing support to the enforcement company of the authority through cooperation in intellectual property enforcement operations.
18․ Monitoring and detecting international reports on the adequacy and effectiveness of the protection of intellectual property rights in the Kingdom, issued by countries or international organizations, and coordinating with the authority in regards to responding to them.
Article 5
The committee shall meet at least once every two months at the headquarters of the authority in the city of Riyadh and may meet in any other place within the Kingdom. It may hold emergency meetings whenever necessary upon the invitation of the chairman, or the request of two-thirds of the members. The meeting is valid if attended by a majority of the members, provided that the chairman is among them and, in his absence, he may delegate to other members of the committee. The members shall attend the periodic meetings and comply with the regulations and instructions governing their work. The committee may invite to attend its meetings whoever it deems necessary, without them having the right to vote.
Article 6
Decisions and recommendations of the committee are taken by a majority of the votes of the number of members in attendance, and in the event of a tie vote, the side with which the chairman of the meeting voted prevails. A member is not permitted to abstain from voting or to delegate their vote in their absence.
Article 7
It is permitted—when necessary, in urgent cases, and as determined by the chairman of the committee—to hold meetings and vote on decisions remotely using technology. Decisions may be taken by circulation to the members of the committee and signed in a manner that indicates that all members have been informed of them. Decisions issued in this manner are not valid unless they are circulated to all committee members, voted on by all members, and obtain at least a majority of their votes.
Article 8
1․ The committee must have a general secretariat based in the Saudi Authority for Intellectual Property and a secretary nominated by the supervising entity.
2․ The secretariat shall carry out the administrative work and technical support for the work of the committee and has—in particular—the following mandates:
(a) Providing the Ministry of Human Resources and Social Development with the decision forming the committee.
(b) Preparing the agenda of the meetings of the committee, as well as for its subcommittees and its work teams, and providing the committee with the topics raised.
(c) Following up on the implementation of the work of the committee, preparing the necessary periodic reports on the achievements and recommendations, and submitting them to the chairman of the committee.
(d) Recording the deliberations, discussions, and recommendations, and preparing the minutes of the meetings of the committee.
(e) Preparing, organizing, and keeping the files of the committee, such as minutes, documents, records, and all that is related to its work.
(f) Issuing invitations to committee meetings at the request of the chairman of the committee or upon the request of two-thirds of the members, accompanied by the agenda, at least five working days before the date of the meeting.
(g) Preparing for the meetings of the committee, and ensuring that there is a suitable place for the meeting.
(h) Preparing the minutes of the meetings of the committee, and providing each member with a copy of it within five working days from the date of reaching the final form.
(i) Attending the meetings of the specialized committees and work teams, following up on the progress of the meetings, and submitting their reports to the committee.
(j) Any other mandate assigned to it by the chairman of the committee.
The secretary of the committee may delegate to others to carry out his mandates or some of them.
Article 9
The authority shall supervise and follow up on the enforcement of intellectual property rights based on its regulations, without prejudice to the tasks and mandates of the enforcement system entities entrusted to them in accordance with their laws.
Article 10
An annual budget must be allocated to the committee within the budget of the authority, from which it shall disburse to achieve its objectives, carry out its tasks and mandates, and the remuneration of its members and secretariat in accordance with the financial laws and regulations approved by the supervising entity.
Article 11
An annual report must be prepared for the committee which includes the results of its work, recommendations, and necessities, and it must be submitted to the authority to ensure that it is included in its annual report when submitted to the board of directors.
Article 12
This regulation must be published in the official gazette, and comes into force from the date of its publication.
Published in Umm Al-Qura 4850 issued on 25 September 2020.
