Trademarks infringement under Saudi Law - Essay Example

In situations where such marks are used to identify services, they may be referred to as service marks although they are generally treated as trademarks. In the Saudi Law, trademark protection is recognized and can extend beyond words, phrases and symbols to include other aspects of a product like the packaging and color. The trademarks make it very easy for customers of a product to identify the source of the products very quickly indeed. They do not have to go about doing a lot of reading or making a lot of enquiries to know where the product comes from.

Trademarks Infringement The Saudi Law recognizes the protection of trademarks of companies. As such, trademark infringement is an issue that is offensive both criminally and civilly. This implies that a party that owns rights to a particular trademark can sue another that infringes this right. Trademark infringement can come about as a result of one party, organization or company using identical marks, words, symbols and phrases that are already in use by another party, company or organization (USA International Business Publications, 2007, pp. 46-47). The factors that determine the level of infringement include the strength of the mark, the similarity of the marks, and the proximity of the goods and the evidence of actual confusion.

The similarity of channels of marketing used and the intent of the defendant can also be used to determine the infringement. Trademark infringement is an evil as it denies the right owner the opportunity to benefit from the trademark both socially and economically. Every organization, therefore, has a right to be protected from such infringement. Crime cases on infringement of trademarks There have been several cases of trademark infringement that bar individual organizations from fully benefiting from the products that they sell.

Crime cases of trademark infringement occur where the infringement from its intent, undoubtedly affects not just the organization involved, but the whole society (Bureau of National Affairs, 1995). Cases involving individuals are civil naturally, but where they extend to affect the society, they become criminal. It goes without saying that some organizations have stolen trademarks used by reputable organizations to produce substandard goods, which may bring about ill health to the entire society.

In such a situation, the trademark infringement extends beyond being a civil case to a crime. Punishment for Infringement Trademark protection has seen certain punishment enhanced for those whom infringe such an important right in Saudi. The minister of commerce has a duty to appoint the officers to take stern action against those who infringe and violate this significant intellectual property right. One possible punishment is the seizure of all the counterfeit goods by the officers appointed by the minister.

The individuals who infringe are, therefore, at a huge risk of losing the property that they own. The penalties for trademark infringement have also been increased. Individuals who infringe this right can be forced to pay up to 168000dollars (Heper, 1994, p. 36). Besides, one risks being imprisoned for infringing this intellectual property right. These punishments have been put in place to ensure that the organizations owning a given trademark have an exclusive right over it and benefit from it socially, intellectually and economically.

Use of Other Trademarks for Bad Intentions It is also saddening that some individuals use some trademarks for bad