This is an unofficial translation and is provided here for information purposes only. Reliance may only be placed upon the
official Arabic version of the Decision

Decision No. 151/2008
On Service Provider Liability, and Limitations on Liability for Online Material
Pursuant to the Telecom Regulatory Act issued by Royal Decree No. 30/2002 and;
The copyright and related rights law issued by Royal Decree No. 65/2008 and;
The industrial property rights law issued by Royal Decree No. 67/2008 and;
The TRA approval dated 18.11.2008.
It is resolved:
Article 1:

Definitions:
1.Service provider:
a. A provider of online services or network access, or the operator of facilities
thereof.
b. For transitory communications: an entity offering the transmission,
routing, or providing of connections for digital online communications,
between or among points specified by the user, for material of the user's
choosing, without modification to the content of the material as sent or
received.
2. Intellectual and industrial property rights: Rights regulated by the provisions
of copyright and related rights law and the industrial property rights law
referred to.

Article 2:

Cooperation with Intellectual and industrial property rights Owners:
Without prejudice to the provisions of the Telecom regulatory Act, the
copyright and related rights law, industrial property rights law and the civil
responsibility rules, a service provider shall be liable for infringement of the
above mentioned rights if:
a. With knowledge of, or having valid reason to know of, another’s rights
infringement, the service provider induces, encourages, causes, or materially
contributes to that infringement; or
b. The service provider has the ability to control the infringement material,
and the service provider has a direct financial interest in that infringing
activity.
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