GCC CUSTOMS
its interests pending determination of his case. T e court should determine the case within 10 days of its being fi led and may order the plaintiff to provide a reasonable bond to safeguard the defendant’s interests.
Article 41 of the law entitles the aggrieved
party that suff ers a direct harm as a result of a violation to claim damages and leaves it to the court to quantify the damages, putting in mind profi ts generated by the violator. T e article also entitles the aggrieved party to seek redress from all parties that colluded in the violation by providing the court with adequate information as to the identity of the collaborators and means of disposal of the goods in question.
Promulgation of the law and its implementation will provide better protective measures to trademark owners
at
that constitute the World Customs Organization (WCO), is keen to maintain standards.
T e illegal goods detected by the Saudi customs authorities in 2012 represented 36.5 percent of goods detected by all members of WCO in the same year. T e US customs authorities secured second place by detecting 14.9 percent, Chile third with 10 percent and Italy fourth with 7 percent (source: the report of illegal trade for 2012 issued by WCO). T e KSA came fi rst in 2011 by detecting 12.5 percent of the total counterfeit goods and violations of IP rights in member states in that year.
T e Trademarks Law will come into force upon issuance of
its implementing regulations and borders to all GCC
states, particularly the KSA. T e law confers considerable advantages on legitimate trademark owners. It entitles them to seek seizure of the disputed goods by customs authorities if provided with suitable grounds. T e Saudi customs authority, which was ranked number one in 2012 in combating commercial fraud and protecting IP rights out of 179 member states
upon being sanctioned by all the GCC states. In addition fi nance ministers, in coordination with concerned ministers, will issue orders specifying the terms and conditions that govern procedures for handling applications that restrict clearance of disputed goods by customs authorities in the GCC states.
Khalil Aljehani is the founding lawyer of Khalil Aljehani Law Firm. He can be contacted at:
khalil@aljehani.com.sa
Khalil Aljehani started his career in 1985 in the Control & Investigation Board as a criminal investigator and public prosecutor before the Board of Grievances in crimes falling under the jurisdiction of the board such as forgery and bribery. In 1989 Aljehani moved to Saudi customs and worked as legal adviser in the legal department of the Saudi customs authority, becoming the deputy of the general director of the legal department before he took early retirement in 2011. He was a member of the Saudi negotiating delegation on protection of IP rights on borders that was responsible for the accession of Saudi Arabia to the WTO, 1997- 2005. He is also a part-time lecturer in IP rights in the Institute of Customs, Riyadh.
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