Question

A. Discuss about the court system of Saudi Arabia including Supreme Court, Court of Appeals and all types of Court of First Instance.

b. What is copyright, trademark, patent, trade secrets?

c. What is contract law. Discuss the major elements of contract including agreement consideration, contractual capacity and lawful object.

A. Discuss about the court system of Saudi Arabia including Supreme Court, Court of Appeals and all types of Court of First Instance. b. What is copyright, trademark, patent, trade secrets? What is contract law. Discuss the major elements of contract including agreement consideration, contractual capacity and lawful object. 1:23 AM

Answer 1

A) The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Qur'an and the Sunnah (the traditions) of the Islamic prophet Muhammad. The Law of the Judiciary is administered by the Ministry of Justice in accordance with the directives of the government relating to the development of the judiciary. In 2007 H.H. King Abdullah issued royal decrees with the aim of reforming the legal system. Some of the changes foreshadowed by the reforms have already been implemented.

The Supreme Court

The Supreme Court, in Riyadh, is the highest appellate court in Saudi Arabia. The jurisdiction of the Court is spelt out by Article 11 of the Law of Justice:

1. Reviewing judgments and decisions issued or supported by the appellate courts such as death, amputation, stoning or punishment.
2. Review judgments and decisions issued or supported by the appellate courts and related to cases not mentioned in the previous provision or to finalise matters without dealing with the merits of a case, if the reason of the objection to the judgment is the following:  

• Inconsistence with Islamic Shari’ah laws and laws that the king shall issue that are not inconsistent with Shari’ah laws.
• Issuing the judgment from a court that does not have a valid composition according to what is stated in this law and others.
• The judgment is issued by a non-competent panel or court.
• There is a fault in the case facts or description of the case.   

  Appellate courts

  Each province in the Kingdom has at least one appellate court. There are 5 categories of appellate courts, with jurisdiction as follows:

• Legal “rights”
• Criminal
• Family status
• Commercial
• Labour

Courts of First Instance

There are courts of first instance in the various provinces and governorate. The Law of Procedures before the Shari’a Courts issued by Royal Decree No. M/1 on 22/01/1435H corresponding to 25 November 2013 regulates the jurisdictions of the courts of first instance. This is supplemented by the Law of Criminal Procedures, which was issued by Royal Decree No. M/2 on 22/01/1435H corresponding to 25 November 2013 in relation to the jurisdiction of first instance Criminal Courts.

B)

Copyright - Copyright is the exclusive right given to the creator of a creative work to reproduce the work, usually for a limited time.

Trademark - A trademark  is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

Patent - A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention.

Trade secret - A trade secret is a type of intellectual property in the form of a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably ascertainable by others, and by which a person or company can obtain an economic advantage over competitors.