Copyright Between Protection and Infringement

By: Dana Almutairi

The world is experiencing a revolution in the world of trade and technology, which is constantly and continuously developing, and there is no doubt that most of what this revolution includes is intellectual property, whether industrial (trademarks – patents – industrial design) or literary (copyright and neighboring rights), and on that I will address in this article, copyrights and related rights, and their protection in the Saudi system. First of all, the copyright protection system defines a work as any literary, scientific or artistic work. The law also mentioned protected works, which are innovative works in literature, arts and sciences, whatever the type of these works, their method of expression, their importance, or the purpose of their creation, such as:

1- Written materials such as books, brochures, etc.

2- Works that are delivered orally, such as lectures, speeches, poems, songs, and the like.

3- Theatrical compositions, skits, reviews, and other performances that are performed by movement or by voice.

4- Works specially prepared for broadcast or presented by broadcasting.

5- Works of painting, works of fine art, architecture…

6- Audio and audio-visual works.

7- Works of applied arts, whether artisanal or industrial.

The system not only mentioned these works, but also mentioned the derivative works, which can be viewed in a broader and detailed way in the copyright protection system.

The system not only mentioned these works, but mentioned derivative works and can be found in a broader and detailed in the copyright protection system.

The scope of copyright protection and penalties for violators of this system are also mentioned in the law. The scope of protection includes the following:

  1. Works of Saudi and non-Saudi authors that are published, produced, performed or displayed for the first time in the Kingdom of Saudi Arabia.
  2. Works of Saudi authors that are published, produced, represented, or displayed for the first time outside the Kingdom.
  3. Works of broadcasting organizations, producers of sound recordings, and performers
  4. Works that are protected under international conventions or treaties to protect the rights of authors to which the Kingdom is a party. The system mentioned the term of protection in general by which copyright protection in a work is for the entirety of the author’s lifetime, and for fifty years after his death.

The system also mentioned a number of cases of infringement, of which are punishable by law with the following:

 1 – A warning.

2- A fine not exceeding two hundred and fifty thousand riyals

3- Closing down the infringing facility or the one that contributed to the copyright infringement for a period not exceeding two months.

 4- Confiscation of all copies of the work, as well as the materials allocated or used in committing copyright infringement.

5- Imprisonment for a period not exceeding six months.

After mentioning some of what is stipulated in the copyright protection system, it can be concluded that without the protection of the products of human thought, there would be no developed countries, and accordingly the Kingdom pays great attention to intellectual property rights in general, because the Kingdom is heading confidently towards the economy of knowledge, in which it is intended (that knowledge is the main drive of economic growth), and it goes without saying that when protecting intellectual property rights, it will positively affect the investment climate of the Kingdom and help attract investors having prior knowledge of the fact that no person has the right to infringe their writings or the product of their thought and knowledge knowing severe penalties exist. Additionally, when applying this system to the individual and society, it will naturally lead to both social and economic stability. Therefore, the stable social and economic environment will help to continue the creativity, innovation and innovation of the citizen and the foreign investor.

  • Finally, I will review the efforts of the Kingdom of Saudi Arabia on protection of intellectual property:
  • In 1982, the Kingdom joined the World Intellectual Property Organization (WIPO), a United Nations organization.
  • In 2004, the Kingdom of Saudi Arabia joined the TRIPS Agreement – administered by the World Trade Organization (WTO) – setting minimum standards for laws relating to many forms of intellectual property and requiring Member States to provide strong protection of intellectual property rights.
  • The Kingdom has thus embarked on regulations that guarantee the protection of the rights of (inventor, author, trademark and industrial design) as they have an impact on the future of development and development in the Kingdom.

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