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Implementing Regulations of the Law on Commercial Data (issued by Decision of the Minister of Commerce and Industry No. 1901 of 24/8/1423 (October 31, 2002)), Saudi Arabia

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Details Details Year of Version 2002 Dates Entry into force: November 22, 2002 Issued: October 31, 2002 Type of Text Implementing Rules/Regulations Subject Matter Trademarks Subject Matter (secondary) Enforcement of IP and Related Laws

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Main text(s) Main text(s) Arabic اللائحة التنفيذية لقانون البيانات التجارية (الصادر بقرار وزير التجارة والصناعة رقم 1901 المؤرخ 24/8/1423هـ (الموافق 31 أكتوبر 2002م))      English Implementing Regulations of the Law on Commercial Data (issued by Decision of the Minister of Commerce and Industry No. 1901 of 24/8/1423 (October 31, 2002))        
 Implementing regulations of the Law of Commercial Data

Implementing Regulations of the Law on Commercial Data

Article (1): Commercial data are the notes that must be placed on the goods or products in a manner directly or indirectly, by definition or distinctive qualities.

Article (2): Producer or importer is committed to mandatory personal business data on each unit of goods or products produced or imported by a unit and on the container the exhausted data contains more than one unit in a manner difficult to remove.

Article (3): The following data are mandatory: • The number of goods, its amount, size, or its agent, or capacity, or weight, or production date, or the date of expiration. • Entity, or a country that manufactured or produced it. • Elements of the composition. • The name of the product or manufacturer.

Article (4): If the goods are relevant (relationship) to human or animal health or the environment must include the statement on elements within the composition as follows: • indicate whether the item (modified) and genetically modified or contain none of that. • A statement whether the item contains hazardous materials and how serious they are. • indicate whether the Item is processed by radiation.

Article (5): All commercial data, mandatory and optional, shall be, clearly, written in Arabic and be identical to the fact of all the facets and may be written in another language in addition to Arabic, however Arabic version will be the reference.

Article (6): According to the provisions of Article VI of the commercial data law, import or sale of products that do not bear any of the mandatory data set forth in Articles III and IV of this Regulation, shall be prohibited.

Article (7): No statement shall be put on the product, including the brands that suggest the product are originated in a geographical area other than its true origin.

Article (8): If the manufacturer has more than a factory in more than one country, then he and the importer shall clarify the name of the country that produced the item and if the stages of production take place in more than one country, they must clarify the detailed statement

stages of production in each country and not merely mention the name of the party that has the main factory.

Article (9): The seller and whomsoever the goods to be discharged for him, the account managers of companies, associations, institutions and shops are accountable with the producer or importer for everything that falls under the violations of the provisions of this order and shall be punished accordingly, by all penalties for the perpetrator of the offense and shall be presumably aware of each violation and he may deny it by all means of proof.

Article (10): The General Administration for combating commercial fraud and branches of the ministry to receive complaints and reports of violations of the provisions of this system.

Article (11): The inspectors disciple who are appointed by the Minister of Commerce, collectively or individually, undertake checking of violations of the provisions, the rules and decisions issued for their implementation and reservation on goods subject to the violation and documents related to the sampling and reserve items that are not under suspicion of a strong violation of the system and investigate offenders and for them for the sake of it entering shops and stores existing and warehouses where the goods are subject to the provisions of this law and annexed warehouses and transportation, whether these places are wholly or partly dedicated to those goods.

Article (12):

The officers appointed by a decision of the Minister of Commerce shall have judicial status in relation to the application of the provisions of this Regulation and the use of police stations and coordination with municipalities and the relevant authorities.

Article (13): Offenses, sampling, reserve goods delivered and decryption of booking and reservation on the documents under the official records, shall be done in accordance with the models prepared by the Directorate General for combating commercial fraud and include place, date and name of the offender, the type of offense and the statement of seizures and description, and the minutes must be signed by each of the existing exactly owner, the store manager in charge at the place of checking, in case of refusing to sign, that shall be referred to in the record.

Article (14): General Administration to combat commercial fraud and the branch of the ministry concerned, shall within two days from the date set of the offense, send the sample to be analyzed by the competent authority and keep two other samples similar to the sent sample.

Article (15): The goods and products shall be disposed or reserved under this system according to the following: • if the violation does not affect itself does not affect the health and safety of humans, animals or the environment, does not contradict with the Saudi standards for the commodity, it is to be corrected by the remove the causes of the violation through mentioning the defective statement or straighten the wrong statement in a clearly, in a way that is not allow changing or manipulating these data in its label, ways to advertise or propagate or otherwise. • If the violation is affecting the health and safety of humans, animals or the environment, or the correction is inconsistent with the standard of the commodity, it shall be disposed of in accordance with what is to be issued by the Bureau of Grievances. • Complete or correct of data shall not be prohibited, including the regular applying of sanctions in the case of proven violation.

Article (16): The General Administration to combat commercial fraud and the branch of the ministry concerned, within two weeks from the date of tuning the offense and investigate, shall prepare a memorandum facts of the topic and dismantling of booking, if purposes are exhausted or to emphasize continuity by identifying the violation, bringing documents of conviction and determine the violated rules and then refer the papers of offense with a sample of the product violation to the Bureau of Investigation and Prosecution, or its branch competent to take over the investigation and prosecution before the Bureau of Grievances.


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WIPO Lex No. SA021