Royal Decree No. 67/2008
On the issuance of the Industrial Property Rights Law
We, Qaboos bin Said, Sultan of Oman,
After reviewing:
- The Basic Statute of the State, issued by Royal Decree No. 101/96,
- The Law on Trademarks, Trade Secrets, and Protection from Unfair Competition, issued by Royal Decree No. 38/2000,
- The Law on Industrial Designs and Drawings, issued by Royal Decree No. 39/2000,
- The Law on the Protection of Geographical Indications, issued by Royal Decree No. 40/2000,
- The Law on the Protection of Layout Designs (Topographies) of Integrated Circuits, issued by Royal Decree No. 41/2000,
- The Law on Patents, issued by Royal Decree No. 82/2000,
And in accordance with what the public interest requires,
We decree the following:
Article One
With regard to industrial property rights, the attached law shall be enforced.
Article Two
The Minister of Commerce and Industry shall issue the implementing regulations of the attached law and the necessary decisions for enforcing its provisions. Until these regulations and decisions are issued, the current regulations and provisions that are not inconsistent with the provisions of this law shall remain in force.
Article Three
Royal Decrees No. 38/2000, 39/2000, 40/2000, 41/2000, and 82/2000 mentioned above are hereby repealed. Any provision contrary to the attached law is also annulled.
Article Four
This Decree shall be published in the Official Gazette and shall come into force on the day following its publication.
Issued on: 6 Jumada al-Awwal 1429 AH
Corresponding to: 12 May 2008 AD
Qaboos bin Said
Sultan of Oman
Industrial Property Rights Law
Definitions
Article (1):
For the purposes of implementing this law, the terms and expressions herein shall have the meanings assigned to them, unless the context indicates otherwise:
- Minister: Minister of Commerce and Industry.
- Registrar: Director of the Intellectual Property Department at the Ministry of Commerce and Industry.
- Invention: An idea or innovation of an inventor that practically provides a solution to a specific technological problem, whether as a product or an industrial process.
- Patent: A title of ownership granted to protect an invention, serving as rebuttable legal evidence of its validity and enforceability, giving the holder the right to prevent others from exploiting the invention within the Sultanate.
- Utility Model: A technical innovation arising from a new shape or structure of a material or from a combination of materials, resulting in improved efficiency or utility.
- Industrial Design: Any combination of lines or colors, or a three-dimensional shape, with or without lines and colors, provided it gives a special appearance to an industrial or handicraft product and is perceptible to the naked eye as part of such a product.
- Layout Design (Topography): A three-dimensional arrangement where at least one element is active for some or all interconnections of an integrated circuit, or a three-dimensional arrangement designed for the manufacture of an integrated circuit.
- Integrated Circuit: Any final or intermediate product in which at least one element is active for some or all interconnections, integrated into or on a piece of material, intended to perform an electronic function.
- Exclusive License: A contract granting the licensee the exclusive right to exploit specified industrial property rights without the participation of others.
- Compulsory License: A license granted by the Minister to a natural or legal person to exploit an invention, utility model, layout design, or industrial design in the Sultanate without the consent of the right holder.
- Distinctive Sign: A set of features and symbols used by a commercial establishment in the industrial or commercial field to reflect its unique identity in relation to the establishment, its products, or services.
- Trademark: Any sign capable of being graphically represented that distinguishes goods (trademark) or services (service mark) of one undertaking from those of others. It may consist of words (including personal names), drawings, letters, colors or combinations thereof, numbers, the shape of goods, packaging, three-dimensional signs, geographical indications, sounds, scents, or tastes. A slogan too short to qualify for copyright may be protected as a trademark.
- Certification Mark: A mark or set of marks indicating specific characteristics (such as quality, origin, or method of production) used by others under the control of the mark owner.
- Collective Mark: A mark belonging to a group such as cooperatives, unions, or associations of craftsmen, producers, or traders.
- Trade Name: A specific name or designation identifying and distinguishing a business entity.
- Geographical Indication: A sign identifying the origin of goods from a region or locality of a country, where the quality, reputation, or other characteristics of the goods are essentially attributable to their geographical origin.
- Certificate: A title of ownership granted to protect a utility model, industrial design or model, layout design (topography) of an integrated circuit, mark, or geographical indication.
- Priority Date: The date of the first application on which priority is based according to the Paris Convention.
- Budapest Treaty: The international treaty on the recognition of the deposit of microorganisms for patent procedures (1977).
- Patent Cooperation Treaty (PCT): The treaty signed in Washington on June 19, 1970, amended on September 28, 1979, February 3, 1984, and October 3, 2001.
- Patent Law Treaty: The treaty adopted in Geneva on June 2, 2000.
- Washington Treaty: The intellectual property treaty on integrated circuits adopted in Washington on May 26, 1989.
- Paris Convention: The Paris Convention for the Protection of Industrial Property, signed on March 20, 1883, and subsequently revised.
- Hague Convention: The Geneva Act of the Hague Agreement on the International Registration of Industrial Designs, adopted on July 2, 1999.
- Madrid Protocol: The Protocol relating to the Madrid Agreement concerning the international registration of marks, signed on June 28, 1989.
- International Classification: The classification of inventions, inventors’ certificates, utility models and certificates, industrial designs and models, and trademarks according to relevant international agreements.
- Nice Classification: The Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks, dated June 15, 1957.
- Decision of the WTO General Council: The decision of August 30, 2003, implementing paragraph (6) of the Doha Declaration on TRIPS and Public Health.
Part One
Technical Innovations
Chapter One: Patents
Article (2):
- The following are excluded from the grant of a patent:
a) Discoveries, scientific theories, and mathematical methods and procedures.
b) Schemes, rules, or methods for performing commercial activities, purely mental acts, and games.
c) Natural materials, except for processes to isolate such materials from their original environment.
d) Known substances for which a new use has been discovered, except that such new use itself shall be deemed an invention.
e) Animals (other than microorganisms) and essentially biological processes for the production of animals and their parts, except for non-biological and microbiological processes.
f) Inventions whose commercial exploitation in the Sultanate must be prevented to protect public order or morality.
- The provisions of the preceding clause do not apply to the following inventions:
a) Industrial processes that wholly or partly include stages performed by a computer or directed by a computer program.
b) Products consisting of inventive elements implemented by a computer, including:
- Machine-readable computer program code stored on a tangible medium such as a floppy disk, hard disk, or memory.
- A general-purpose computer upgraded to a more advanced state by a specific computer program.
Article (3):
- An invention is patentable if it is new, involves an inventive step, and is industrially applicable.
An invention is new if it is not known in any industrial technology and has not been made available to the public in any way (written publication, oral disclosure, use, or otherwise) prior to the filing date or priority date.
Disclosure to the public shall not be taken into account if it occurred within the 12 months preceding the filing or priority date and resulted from the act of the applicant or his predecessor or from abuse by a third party against them.
- An invention involves an inventive step if, on the filing or priority date, it is not obvious to a person skilled in the relevant art.
- An invention is industrially applicable if it can be made or used in any kind of industry, or if it has a specific, substantial, and credible utility in all economic, agricultural, handicraft, fishing, and services fields.
Article (4):
- The right to a patent belongs to the inventor and may be assigned or transferred.
- If an invention is made jointly by two or more persons, the right belongs to all of them. If made independently, the right belongs to the one who first files or claims priority, unless the application is withdrawn, abandoned, or refused.
- If an invention results from an employment contract whose purpose is invention, the right belongs to the employer unless agreed otherwise. Where the employer’s economic benefit from exploitation far exceeds the employee’s remuneration, the inventor is entitled to a fair reward.
- If the invention is made by an employee outside the duties of the employment contract but using the employer’s facilities, materials, or data, the right belongs to the employer unless agreed otherwise, and the employee receives at least one-third of the net direct and indirect profits from exploitation.
- The obligation to pay the reward arises upon creation and exploitation of a patentable invention and does not lapse even if the employer does not file domestically or abroad.
- The employer may, within 60 days of being informed of the invention, notify the employee of lack of interest; in that case, the employee may file exclusively. If the employee begins commercial exploitation, the employer is entitled to a reward proportionate to the economic value of the resources used.
- If the employer does not file within one year from notification, the employee may file or assign the patent right; the license may be transferred accordingly. The employee’s exploitation is not unfair competition provided it does not disclose trade secrets or involve unauthorized use.
- If the employee files for a patent within one year after the end of the employment contract for an invention in the employer’s main field, it is presumed to have been made during employment unless proven otherwise.
- Any prior agreement or promise depriving the inventor of the statutory reward is void.
- The inventor’s name shall be indicated in the patent unless he waives this in writing; any prior undertaking to waive is void.
- These rights also apply to government administrative employees and persons providing services under special contracts.
Article (5):
The patent applicant shall:
- Submit an application with petition, description, one or more claims, drawings (if needed), and an abstract, together with payment of prescribed fees, to the Registrar.
- Include in the petition the applicant’s, inventor’s, and representative’s data (if any), the title of the invention, and proof of entitlement if the applicant is not the inventor.
- Provide a clear and complete description enabling a person of ordinary skill to carry out the invention.
- For microorganisms, make a deposit under the Budapest Treaty and attach the receipt.
- Provide complete botanical descriptions in official terminology.
- Draft claims that are clear and concise, supported by the description and drawings where appropriate, showing that on the filing date the applicant possessed the claimed invention.
- Limit the abstract to no more than 300 words unless necessary.
- Withdraw the application at any time before a final decision.
- If the first application is withdrawn before public inspection and no priority claim or pending right exists in the Sultanate, file a new application treated as the first filing.
Article (6):
- A patent application shall relate to one invention or a group of related inventions forming a single inventive concept.
- The applicant may amend the application, provided the amendment does not extend beyond the content of the initial application.
- Before grant, the applicant may divide the application into two or more applications, provided the subject matter does not extend beyond the initial application.
- Non-compliance with unity discovered later does not invalidate a granted patent.
Article (7):
- An applicant may claim priority of one or more earlier national or regional applications filed in Paris Union or WTO member countries within 12 months. Acts affecting the invention (publication, exploitation) before that date do not prejudice the priority right.
- The Registrar may require a certified copy of the priority application from the relevant IP office.
- Failure to provide the information required renders the priority claim void.
Article (8):
If the applicant or his predecessor has filed abroad for the same invention (or a substantially similar one) as that sought in the Sultanate, the Registrar may require: the date and number of the foreign application; copies of any communications relating to searches or examinations of that application; copies of any patent granted on it; copies of any final decision refusing the application or grant; and copies of any final decision invalidating the granted patent.
Article (9):
a) The Registrar shall accord as the filing date the date of receipt if, upon receipt, the application contains:
– An express or implicit written indication in Arabic that the submitted elements are an “application”;
– Written data in Arabic enabling identification of the applicant and communication with him;
– A part that appears to be a “description,” in any language;
– Where appropriate, an Arabic reference to a previously filed application.
b) If the application is deficient, the Registrar shall notify the applicant to correct it; the date of receipt of the correction becomes the filing date. Failure to correct renders the application as if not filed.
c) If the application refers to drawings not submitted, the Registrar shall invite completion; the date of receipt of the missing drawings becomes the filing date; otherwise the original receipt date stands and the reference to missing drawings is disregarded. If part of the description is missing, similar rules apply.
After according a filing date and classifying the invention under the International Classification, the Registrar shall examine compliance with the law and its regulations.
a) After 18 months from the filing date, the Registrar shall, upon payment of fees, publish the filing announcement in the Official Gazette, including: filing number and date, title, applicant’s name, priority date, international classification, a drawing (if any) showing the chief elements, and the abstract.
b) Any interested party may, upon payment, obtain a full copy of file contents open to inspection.
c) Before publication, the Registrar shall not disclose file contents to third parties.
d) Between filing and the end of the 18-month period, the applicant may request early public inspection and publication upon payment.
An applicant or any interested party may, within 36 months from filing, request substantive examination for compliance with legal requirements—paying the prescribed fee considering the number of claims—and the Registrar shall publish the request in the Official Gazette.
If the request is not filed within the time limit, the application is deemed abandoned.
Any interested party may, within 120 days of the publication of the examination request, submit information and evidence relevant to patentability.
For examination, the Registrar shall take into account:
a) Any international search/examination report under the PCT regarding the application;
b) Any search/examination report per Article (8)(2) and (4) concerning refusal of grant for a similar foreign application;
c) Any report made at his request by an external office or an Omani governmental specialized entity.
Article (10):
If the application complies with the law and regulations, the Registrar shall grant the patent; otherwise he shall refuse it and notify the applicant.
Upon grant, the Registrar shall:
a) Publish the grant;
b) Issue the patent certificate and a copy of the patent to the applicant;
c) Record the patent;
d) Make copies available to the public upon payment.
At the owner’s request, the Registrar may amend the text or drawings to limit the scope of protection, within the subject matter claimed in the initial application; otherwise the request is void.
Article (11):
A patent gives its owner the right to prevent others from exploiting the protected invention in the Sultanate.
Exploitation includes:
a) If the patent concerns a product: making or importing the product, offering it for sale, selling, using it, and stocking it for those purposes.
b) If the patent concerns a process: using the process; and performing the acts in (a) with respect to any product obtained directly by that process.
c) If the patent concerns a plant or plant variety: producing or reproducing; preparing for reproduction; offering for sale; selling or other marketing; exporting; importing; and stocking for any of these purposes.
d) The above applies also to: essentially derived varieties (unless themselves essentially derived); varieties not clearly distinguishable; and varieties whose production requires repeated use of the protected variety. Definition of “essentially derived” is as stated.
The owner may bring an action against anyone who, without consent, performs the acts in paragraph (2) or takes measures creating a likelihood of infringement.
Patent rights do not extend to:
a) Acts concerning items placed on the market in the Sultanate by the owner or with his consent;
b) Use of devices on aircraft/land vehicles/ships of other countries temporarily or accidentally entering Omani airspace, territory, or waters;
c) Acts for experimental purposes relating to the patented invention;
d) Prior user acts in good faith begun before filing or priority;
e) Making/using/selling the patented invention to develop and submit information required under regulatory laws for making/using/selling a product in the Sultanate or another country, provided such products in the Sultanate are made/used/sold only for those purposes and exported solely to fulfill specific marketing approval requirements of Oman.
For plant/plant-variety patents, rights also do not extend to: personal, non-commercial acts; experimental acts; breeding and developing other varieties, especially derived varieties; and farmers’ privilege to use harvested product for reproduction, subject to owners’ legitimate interests.
Without prejudice to (4)(a), the Minister may, ex officio or at the request of an interested party, declare patent rights exhausted and permit others to import—directly or indirectly—the protected product or a product made by the patented process from another territory, if the product is unavailable in the Sultanate, or available only with poor quality, inadequate quantity, or at abusive prices, or for other public-interest reasons (including anti-competitive practices), provided:
a) The product was placed in commercial channels in the territory of origin by the patent owner or with his consent; and
b) A valid patent for the same product or process exists in the territory of origin in the name of the same person (or affiliate) as the Omani patent owner.
The Minister may cancel such import authorization if:
a) The importer fails to achieve the objective underlying the exhaustion decision; or
b) The reasons for the decision cease, taking into account the importer’s legitimate interests, including disposal of remaining stocks.
The prior user right in (4)(d) may be transferred together with the business (or relevant part) in which the good-faith use occurred.
Article (12):
a) Patent term is 20 years from the filing date, subject to (2).
b) If grant is delayed beyond four years from filing or beyond two years from the examination request due to reasons beyond the applicant’s control, protection shall be extended by the excess over four years, up to a maximum of five years after normal expiry, upon the owner’s request and fee payment.
c) The term may be extended—upon request and fee—by up to five years after normal expiry if obtaining the first marketing approval in the Sultanate took more than 24 months from the approval request for reasons beyond the control of the applicant/owner.
The owner shall prepay increasing annual fees starting one year after filing to maintain the application or patent, with a six-month grace period; otherwise the application lapses. The Registrar may restore an expired patent before one year after the end of the payment period if non-payment was justified and no serious prejudice to third-party rights would result.
Article (13):
a) Compulsory licenses may be granted in cases of: public interest; adjudicated/administratively established anti-competitive practices by the owner or licensee and assurance that a compulsory license will remedy the conduct (after hearing the owner and interested parties); abusive exercise of exclusive rights by the owner or failure to control the licensee’s abusive acts; inadequate supply in terms of sufficiency/quality/price via domestic production or importation; or the existence of a later patent containing a technically advanced invention of considerable economic importance that cannot be exploited without infringing an earlier patent.
b) The Minister may authorize governmental or third-party use without consent for a specific purpose with adequate remuneration considering economic value and, where appropriate, the WTO General Council decision (for pharmaceuticals/processes).
Mere shortage before four years from filing or three years from grant—whichever is later—is insufficient; applications are rejected if the owner justifies delay or shortfall with legitimate reasons.
Upon request of the owner or the government entity/compulsory licensee, and after hearing the parties, the Minister may adjust terms to reflect new circumstances.
a) At the owner’s request, the Minister shall revoke a compulsory license if satisfied—after hearing—that the reasons have ceased and recurrence is unlikely, or if the compulsory licensee fails to comply with conditions.
b) Revocation may be refused if needed to protect the compulsory licensee’s legitimate interests or if the license was granted to remedy anti-competitive conduct and recurrence is likely.
Assignment of a compulsory license is only with the business (or relevant part) in which exploitation occurs.
A compulsory license is non-exclusive and does not bar the owner’s exploitation, contractual licenses, or continued exercise of legal rights.
a) An application for a compulsory license is submitted to the Minister together with evidence that a prior request for a voluntary license was made by the applicant and, within a maximum of six months, no reasonable commercial agreement was reached—unless special circumstances justify otherwise.
b) Prior efforts are not required in cases of emergency/urgency/public non-commercial use/or to remedy adjudicated anti-competitive practices; in such cases the owner must be notified promptly.
Exploitation under a compulsory license for export of a patented pharmaceutical product/process to the Sultanate or another country with insufficient manufacturing capacity shall be limited in accordance with the WTO General Council decision.
For semiconductor technology, compulsory licenses are only for public non-commercial use or to remedy adjudicated anti-competitive practices.
For interdependent patents per (1)(a)(5):
a) The first patent owner is entitled to a license on reasonable terms to use the invention claimed in the second patent.
b) The license of the first patent is not transferable except with the transfer of the second patent.
These provisions apply, mutatis mutandis, to pending patent applications where appropriate, except for mere product shortage.
Article (14):
Any interested party may request the competent court to invalidate a patent grant decision.
The court shall invalidate if the application does not meet legal conditions, if the patent owner is not the inventor or successor, or in case of unlawful conduct (such as concealment of material information affecting grant).
Non-observance of formalities does not invalidate unless with intent to defraud.
If invalidity concerns only part of the invention, only the claim(s) corresponding to that part are invalidated.
A patent or claim (or part thereof) declared invalid is void ab initio.
In disputes over entitlement, an interested party may seek transfer of ownership instead of invalidation.
The final judgment shall be notified to the Registrar for recordal and publication.
Chapter Two — Utility Model Certificates
Article (15):
The provisions of Chapter One, Part One apply to utility model certificates mutatis mutandis, without prejudice to the following:
— A subject matter is registrable as a utility model if it is new, has a sufficient inventive step, and is industrially applicable.
— A utility model has a sufficient inventive step if it arises in an unknown way over the prior art, considering similarities/differences between the claimed model and the prior art.
— The description must be clear and complete for a person of ordinary skill to carry out, and the claimed model must improve the functional utility of the designed pattern for its intended purpose.
— The Registrar’s examination of a utility model certificate application shall follow this law.
Article (16):
The owner may sue any person who, without consent, infringes or threatens to infringe the certificate. Upon filing suit, the court shall order the Registrar to examine the certificate under the law; the Registrar shall submit the result within 120 days, which shall constitute rebuttable evidence as to validity/invalidity. The court may order provisional measures during the Registrar’s examination.
Article (17):
Subject to Article (12)(2), a utility model certificate expires ten years after the filing date.
Article (18):
1)
a) An applicant for a patent or an industrial design certificate may—before the Article (5)(9) stage or before refusal or grant—convert the application to a utility model certificate application upon payment; the original filing date shall be maintained.
b) An applicant for a utility model certificate may—before refusal or grant—convert to a patent or industrial design certificate upon payment, keeping the original filing date.
2) Only one conversion is permitted.
Chapter Three — Industrial Designs
Article (19):
Protection does not extend to anything in an industrial design that serves solely to obtain a technical result or improve practical function.
Article (20):
An industrial design is registrable if not disclosed to the public.
A design is new if it differs perceptibly from designs previously disclosed anywhere in the world by written publication, use, or otherwise before the filing or, where applicable, the priority date.
Articles (3) and (7) apply to registrable industrial designs, except that the period in Article (7) is six months, and filing in the Sultanate before expiry of that period shall not be invalidated by intervening acts (especially another filing or offering copies for sale) as such acts create no rights for others.
A design contrary to public order or morality is not registrable.
Article (21):
Article (4) on entitlement and mention of the creator applies to industrial designs, mutatis mutandis.
Article (22):
An application for registration shall be filed with the Registrar and include: a petition; drawings/photographs/graphic representations sufficient to depict the product embodying the design; and an indication of the type of products to which the design applies. For two-dimensional designs, a specimen may be attached. Fees are payable.
If the applicant is not the creator, the petition shall include proof of entitlement.
Up to 100 designs may be included provided they belong to one international class or a group/combination of goods.
Deferred publication of up to 12 months from filing or priority may be requested at filing.
The applicant may withdraw before a final decision.
Article (23):
The filing date is the date of receipt if, at receipt, data identifying the applicant and a graphic representation of the product embodying the design are present, subject to Article (9)(a).
If compliant, the Registrar shall publish the application in the Official Gazette and issue a registration certificate—upon payment within 90 days from publication sufficient to cover registration/publication/certificate and the first five years of protection. Failure to pay on time permits a 90-day grace if justified; otherwise the application is refused and designs therein are not restored.
a) If deferred publication is requested after registration, inspection is barred; only the deferral notice, owner’s identity data, filing date, and length of deferral are published; after the period, the design is published.
b) If legal action arises during deferral, the opposing party may access the register and file.
Article (24):
The certificate gives the owner the right to prevent others, without consent, from making/selling/importing products for commercial purposes that are copies or substantial copies of the design.
Article (11) applies, mutatis mutandis.
The owner may sue anyone who performs or threatens to perform such acts.
The term is five years from filing, renewable twice for five-year periods upon fee payment; late payments may be made within a six-month grace, failing which the registration lapses and is not restored.
Article (25):
Article (13) on compulsory licenses applies to industrial designs, mutatis mutandis.
Article (26):
Article (14) on invalidation applies to industrial designs, mutatis mutandis.
Chapter Four — Layout Designs (Topographies) of Integrated Circuits
Article (27):
The right holder may apply to register layout designs if they are original and have not been commercially exploited anywhere in the world for more than two years.
A layout design is original if it is the result of the creator’s intellectual effort and, at the time of creation, was not commonplace among creators of layout designs and manufacturers of integrated circuits.
A design composed only of commonplace elements and interconnections is not protected unless the combination as a whole is original.
Article (28):
Protection belongs to the creator and may be assigned/transferred to a successor; for joint creation, rights are joint. Article (4) applies, mutatis mutandis.
Article (29):
Protection applies whether or not the integrated circuit in which the layout is incorporated is itself incorporated into a product, subject to (2). It covers:
a) Reproduction in whole or in part of the protected layout design—by incorporation into an integrated circuit or otherwise—except for reproducing a part that does not meet Article (27) originality.
b) Import, sale, or distribution for commercial purposes of the protected layout or an integrated circuit containing it, or of a product incorporating such a circuit, if the product contains an unlawfully reproduced layout.
Protection does not extend to:
a) Reproduction for private, evaluation, analysis, research, or teaching;
b) Incorporation where a new layout is created based on such analysis/evaluation;
c) Acts in (1)(b) where the items have been put on the market in the Sultanate by or with the consent of the owner;
d) Acts in (1)(b) by a person who did not know and had no reasonable grounds to know of the unlawful reproduction; after becoming aware, he may continue only with respect to existing/previously required quantities, subject to payment of equitable remuneration to the owner;
e) Acts concerning a layout identical to the protected one but independently created by a third party.
Article (30):
Without prejudice to the preceding Article, the Minister may, ex officio or at the request of an interested party, declare rights exhausted and authorize others to import and acquire the registered integrated circuit or product incorporating it if unavailable in the Sultanate, or available with poor quality, inadequate quantity, or abusive prices, or for other public-interest reasons, provided:
a) The product was placed in commercial channels in the exporting territory by or with consent of the layout design owner;
b) The layout is protected in the exporting territory and owned by the same person who owns the layout certificate in the Sultanate.
The Minister may cancel such authorization if:
a) The importer fails to achieve the objective underlying the decision; or
b) The reasons have ceased, taking into account the importer’s legitimate interests, including disposal of remaining stock.
Article (31):
Protection starts:
— From the date of first commercial exploitation anywhere in the world with the right holder’s knowledge or consent, provided an application is filed within the Article (27) period; or
— From the valid filing date of an application by the right holder if no prior commercial exploitation occurred.
The term ends ten (10) years from the start date.
Article (32):
Applications shall be filed in writing, one per layout, and include:
a) The form, with a detailed description and an abstract.
b) Applicant’s name, address, nationality, and, if different, habitual residence.
c) Power of attorney if an attorney is appointed; a copy of the layout and information determining its electronic function; certain manufacturing details may be omitted if the submitted parts suffice to identify the layout.
d) The date of first commercial exploitation anywhere—or a statement of none.
e) Data establishing the right to protection under Article (29).
If incomplete, the Registrar shall notify completion within 60 days; if completed, the date of receipt counts as filing date provided the initial receipt contained an express or implied indication of a layout application, identifying data, and a copy of the layout; otherwise the date of correction is the filing date. Failure to correct renders the application as if not filed.
Fees are payable upon filing; non-payment within 60 days of notice renders the application as if not filed.
Article (33):
If compliant, the Registrar shall enter the layout data in the Register without examining originality, entitlement, or factual accuracy.
Any person may access and obtain copies upon payment.
Publication in the Official Gazette follows fee payment.
Article (34):
Article (13) on compulsory licenses applies to layout designs, mutatis mutandis.
Article (35):
Article (14) on invalidation applies to layout designs, mutatis mutandis.
Part Two — Trademarks
Chapter One — Service Marks, Collective Marks, Certification Marks, and Trade Names
Article (36):
Exclusive rights in a mark are acquired through registration under this law.
The following are not trademarks and shall not be registered:
a) Signs incapable of distinguishing an undertaking’s goods or services; scents, tastes, or other material characteristics arising from the customary composition of such goods are likewise incapable.
b) Signs contrary to public order or morality; the nature of the goods/services does not by itself bar registration.
c) Signs liable to mislead the public or trade circles, especially as to geographical origin, or containing false indications of source or other characteristics, including marks containing a fictitious trade name.
d) Signs identical with, an imitation of, or containing as elements the coat of arms, flag, emblem, name, initials, official sign, or hallmark of any State or intergovernmental organization or any organization established by international agreement, unless authorized by the competent authorities.
e) Signs identical or confusingly similar, or translations of, a well-known mark or trade name in the Sultanate for identical or similar goods/services; or a well-known and registered mark for dissimilar goods/services where use would indicate a connection and damage the interests of the well-known mark owner.
f) Signs identical with a prior registered mark of another owner or the subject of an earlier application for the same or related goods/services, or confusingly similar thereto.
g) Signs filed in bad faith to harm a registered mark.
Except for (2)(a), the Registrar or court may recognize that a mark has acquired distinctiveness through continuous use; it may then be registered.
The Registrar or court may, in cases of concurrent use or special circumstances, permit registration of identical or nearly similar marks for the same goods/services by more than one owner with appropriate limitations.
If two or more persons file identical or similar marks for related goods/services simultaneously, the Registrar may refuse registration pending court decision.
Common expressions and technical terms do not have distinctiveness under (2)(a); legal or regulatory provisions allowing use of a generic name in common language do not prejudice the use or effectiveness of the related trademarks.
A mark is “well-known” if known in the relevant sector or by virtue of promotion.
Use of an identical mark for identical goods/services constitutes likelihood of confusion under (2)(f).
A prior good-faith user of an unregistered mark may oppose another’s filing of an identical/similar mark for identical/similar goods/services if he proves:
a) Good-faith use for at least six months before the filing/priority date;
b) Acquisition of clientele and attribution of part of the mark’s reputation to that clientele;
c) Filing his own application before opposing.
Registration of a similar/identical mark by another for similar/identical goods/services after the mark has been deleted or abandoned may be accepted after three years from publication of cancellation; not applicable to a licensee who had licensed and then abandoned.
Appearance in the same Nice class is not by itself proof of similarity; appearance in different classes is not by itself proof of dissimilarity.
Article (37):
a) An application shall be filed with the Registrar under the regulations and include a representation of the mark and a list of goods/services sought in the relevant international class(es), with fees.
b) If the mark includes a distinctive feature not visually perceptible, a detailed clear statement must accompany it.
c) If color is claimed as a distinctive element, a statement of the color(s), their description, and the principal parts of the mark bearing the color is required.
d) If the mark is three-dimensional, this must be stated.
a) The applicant may claim priority of an earlier national/regional/international application; the Registrar may require a certified copy within six months; failing compliance, the priority claim is ineffective.
b) The priority period is six months from the first filing date.
The applicant may withdraw the application at any time or reduce the listed goods/services.
Article (38):
a) The Registrar shall examine the application for compliance.
b) The Registrar shall examine registrability under the law.
a) If compliant, the Registrar shall publish the accepted form upon payment.
b) Any interested party may, within 90 days from publication in the Official Gazette and upon payment, file a written opposition with the Registrar.
c) The applicant may, within 90 days of notification, file a written reply with grounds and defenses.
d) The Registrar shall notify the opponent of the reply and, after hearing the parties if they so wish, decide to uphold or reject the opposition.
a) If the Registrar finds the application compliant and no opposition is filed, or the opposition is resolved in favor of the applicant, the Registrar shall register, publish, and issue a certificate of registration.
b) The Registrar may refuse non-compliant applications and notify reasons; the applicant may within 60 days appeal the refusal or directly seek judicial review before the competent court.
a) “Country of origin” is a Paris Union/WTO member or a country with reciprocity with the Sultanate in which the applicant has a real and effective industrial or commercial establishment, or the country of habitual residence, or nationality if no habitual residence exists in the country of origin.
b) Any mark registered under the law in the country of origin of a Paris Union/WTO/reciprocal country shall be accepted and protected in the Sultanate; the Registrar may require a certificate of registration in the country of origin prior to final registration without legalization.
c) Refusal or cancellation is permitted only if: acquired rights of others in the Sultanate are violated; the mark lacks distinctiveness or consists solely of generic indications or customary symbols; or it is contrary to public order or morality or is misleading.
d) Part Three (Unfair Competition) applies to (4)(c).
e) In determining protectability, all facts, especially length of use, shall be considered.
f) Minor differences not altering distinctiveness or identity of the mark as registered in the country of origin shall not justify refusal.
g) No one may benefit from this Article if the mark is not registered in the country of origin.
h) Priority for applications filed within six months is preserved even if registration in the country of origin occurs after that period.
Article (39):
The owner of a registered mark may prevent others from using without consent identical or similar signs—including trade names and geographical indications—for goods/services related to those for which the mark is registered if likelihood of confusion exists, without prejudice to other provisions.
The owner may bring civil action per Part Four.
Rights do not extend to acts concerning goods/services bearing the registered mark that were previously placed on the market in the Sultanate by the owner or with his consent, resulting in exhaustion.
Article (40):
Without prejudice to (3) of the preceding Article, the Minister may, ex officio or at an interested party’s request, declare trademark rights exhausted and authorize others to import marked products from another territory if unavailable, of poor quality, in inadequate quantity, at abusive prices, or for public-interest reasons, provided:
a) The product was placed in commercial channels in the exporting territory by or with the consent of the trademark owner;
b) A similar/identical mark is registered/protected in the exporting territory in the name of the same person as the Omani registrant or a controlled person.
The Minister may cancel such authorization if:
a) The importer fails to achieve the objective; or
b) The reasons cease, taking into account the importer’s legitimate interests including dealing in stocked products.
The rule in (39)(1) does not apply to third-party media use of the registered mark (e.g., promotion of sales or similar advertising) provided such use is not misleading and does not constitute unfair competition.
The Minister of Health may adopt measures to reduce the use of trademarks to facilitate prescribing/identifying generic pharmaceuticals and medical devices and access to them, or to reduce consumption of goods harmful to health, provided these measures do not affect the use or effectiveness of trademarks in distinguishing goods.
Article (41):
Protection term is ten (10) years from the filing date, renewable for like periods upon fee payment. A grace of up to six months is granted for renewal fee plus late penalty; otherwise the registration expires and is not restored.
Article (42):
a) Any interested party may, within five (5) years from the date of the registration certificate—or at any time if registered in bad faith or to harm a registered mark—seek invalidation before the court.
b) If the court finds registration contrary to the law, it shall invalidate; the Registrar shall record and publish the invalidation.
Any interested party may request deletion for the registered goods/services if, up to one month prior to filing the deletion request, the mark has not been used by the owner/licensee for more than three (3) consecutive years. Deletion shall not occur if special circumstances beyond the owner’s/licensee’s control prevented use and there was no intention to abandon.
Article (43):
This law applies to collective marks; it is not required that the applicant own an industrial/commercial business in a Paris Union or WTO member state. The collective nature must be stated and a copy of the rules of use (if any) attached; any changes must be notified.
Article (44):
This law applies to certification marks; their nature must be stated and rules of use attached; it applies to all certification marks, including those of government entities. Use is permitted only for the goods/services for which issued. The Registrar, Public Prosecutor, any interested party, competitors, producers, and legally recognized consumer organizations may seek invalidation if use by the owner or authorized users contravenes the law or misleads trade circles or the public.
Article (45):
A trademark license must provide for quality control by the licensor; absent such control or its effective exercise, the license is unenforceable, and the court may rule the owner has abandoned the mark as of the license effective date, to be recorded and published.
A collective mark or its application may not be the subject of a certification-mark license.
The owner may assign a registered mark without transferring the associated business; this does not apply to certification marks.
Article (46):
Any person meeting the technical conditions and criteria for a certification mark has the right to use it under the same conditions and criteria.
Article (47):
Use of a distinctive name or nickname as a trade name is not permitted if inherently or by use it conflicts with public order or morality or misleads trade circles or the public as to the nature of the business identified by that name.
a) Trade names—whether or not registered—are protected against infringement.
b) Unlawful use of a trade name, trademark, or collective mark by another creating likelihood of confusion is unlawful.
Chapter Two — Geographical Indications
Article (48):
“Goods” include any natural or agricultural product or any handicraft/industrial product; “producer” includes those who produce/exploit natural/agricultural products or make or trade in handicraft/industrial products.
Article (49):
Protection is provided against geographical indications that—though literally true as to the territory/region/place of origin—falsely suggest to the public that the goods originate in another territory.
Protection is provided against GIs identical or similar to a trademark where use would cause confusion or mislead the public by linking the GI to the related trademark owner so as to constitute unfair exploitation of the trademark’s reputation.
Article (50):
For homonymous registered GIs for similar goods, protection shall be granted to each; in cases of permitted concurrent use, the Registrar shall set practical conditions to distinguish among the homonymous GIs, considering fair treatment of producers and avoiding consumer confusion.
Article (51):
The following are not protected as GIs:
a) Signs not meeting Article (1)’s definition.
b) Signs contrary to public order or morality.
c) Signs not protected in the country of origin, or whose protection has ceased, or are no longer used there.
d) Signs which, in the Sultanate, are the common name of the relevant goods in ordinary language.
e) Signs likely to be substantially similar to a mark registered or pending in good faith.
f) Signs likely to be substantially similar to a mark in which rights have been acquired under national law in the Sultanate.
Article (52):
Applications may be filed by natural/legal persons or any competent authority engaged in production in the specified geographical area for the goods listed.
The Registrar may, ex officio or at the request of a person in (1), file for goods whose producers are not formally organized; such producers have no right to apply for or obtain registration; the GI is protected and the Registrar acts as custodian until producers entitled to own and enforce the GI are organized under this law.
GI registration does not prejudice protection as trademarks/collective/certification marks or unfair competition rules.
Article (53):
If, after examination, the Registrar accepts the GI application, he shall publish it upon fee payment.
a) Any interested party or competent authority may, within 60 days from publication, file a written opposition.
b) The Registrar shall notify the applicant, who must reply within 90 days, failing which the application is deemed abandoned.
c) After notifying the opponent of the reply and hearing the parties if they wish, the Registrar shall decide whether registration is justified.
If compliant and unopposed within the period, or if opposition is resolved for the applicant, the Registrar shall register, publish, and issue a certificate.
Any interested party may appeal the Registrar’s acceptance/refusal to the competent court.
Article (54):
Producers in the specified area may prevent others from using identical/similar signs in trade for goods/services identical/similar to those for which the GI is registered.
Article (39) applies, mutatis mutandis.
Article (55):
Any interested party or competent authority may request the court to:
a) Invalidate a GI registration for inherent non-protectability;
b) Correct a GI registration on grounds that the specified geographical area does not match the indication, or the statement of products or of the goods’ special qualities/reputation/other characteristics is absent or insufficient.
The GI applicant or the party seeking invalidation/correction shall be notified; persons entitled to use the GI under Article (54) shall be informed via Official Gazette publication and may intervene within 30 days.
Article (56):
At an interested party’s request, the court may refuse or invalidate registration of any trademark that contains a GI relating to goods not originating in the indicated territory, where use of the indication on such goods in the Sultanate misleads the public as to the true place of origin.
Article (57):
Exceptions:
— If, before 9 November 2000, a distinctive mark was applied for or registered in good faith in the Sultanate, or rights were acquired through good-faith use or notoriety before that date or before the GI was protected in its country of origin, this law does not bar protectability of such mark even if identical/similar to the GI.
— A GI of any country for goods/services where, in the Sultanate, it is the common name of such goods/services in ordinary language; or a GI of another country for wine products where the GI corresponds to the common name of a grape variety existing in the Sultanate as of 1 January 1995 (WTO entry into force).
— Any claim for relief under Part Four regarding use/registration of a distinctive mark must be filed within five (5) years from the date such use contrary to the protected GI became generally known in the Sultanate, or from the trademark registration date (if earlier publication occurred), provided the GI was not used/registered in bad faith.
— The right of any person to use his own name or that of his predecessor in trade, unless misleading.
Article (58):
Subject to Part Four, any person or group of interested producers/consumers may ask the competent court to prohibit:
a) Use of any means in the designation/presentation of a good that indicates it originated in a geographical area other than its true place of origin, thereby misleading the public;
b) Any use constituting an act of unfair competition under Article 10bis(3) of the Paris Convention.
Part Three — Protection Against Unfair Competition
Article (59):
This Part applies to acts of unfair competition in addition to any other legal provisions protecting inventions, utility models, industrial designs, layout designs, distinctive signs, literary/artistic works, and other IP subjects.
a) Any act/practice in industrial/commercial activities contrary to honest practices constitutes unfair competition.
b) Unlawful practices include: breach of contract or confidence, inducement to breach, acquisition of undisclosed information by parties who know or should know such acts pertain to acquiring undisclosed information, and violations of legal requirements that confer unfair advantages over competitors (e.g., environmental or labor law violations).
c) Any natural or legal person harmed or likely to be harmed by unfair competition is entitled to the remedies in Part Four.
Article (60):
Any act/practice in industrial/commercial activities that causes or is likely to cause confusion regarding a competitor or his activities—especially the goods/services offered—constitutes unfair competition.
Confusion may relate to:
a) A registered or unregistered trademark, or trade name;
b) A distinctive sign other than a trademark or trade name;
c) The shape of any product, the manner of offering products/services, or the place of business.
Article (61):
Any act/practice that damages or is likely to damage a competitor’s reputation—especially by diluting business reputation, distinctiveness, or advertising value of a trademark/trade name/other distinctive sign/product shape/manner of offering/place of business/or of a famous real or fictional person—whether or not it causes confusion—constitutes unfair competition.
Article (62):
Any act/practice that misleads or is likely to mislead the public regarding a business or its activities—especially the products/services offered—constitutes unfair competition.
Misleading may occur via advertising/promotion concerning:
a) The product’s industrial process;
b) Fitness for a particular purpose;
c) Quality/quantity/other characteristics;
d) Geographical origin;
e) Conditions of offer/provision;
f) Price or its calculation method.
Article (63):
Any false allegation in industrial/commercial activities that discredits or is likely to discredit a competitor or his activities—especially his products/services—constitutes unfair competition.
Discredit may occur via advertising/promotion concerning:
a) Manufacturing process;
b) Fitness for a particular purpose;
c) Quality/quantity/other characteristics;
d) Conditions of offer/provision;
e) Price or its calculation method.
Part Three — Protection Against Unfair Competition (continued)
Article (64):
Unfair competition includes any act/practice in industrial or commercial activities whereby, without the lawful holder’s consent, others disclose, acquire, or use undisclosed information in a manner contrary to honest commercial practices (e.g., breach of contract/confidence, inducement to breach, acquisition by persons who know or should know it concerns acquisition of undisclosed information).
Information is undisclosed if: it is secret, not generally known among, or readily accessible to, persons in the circles that normally deal with such information as a whole or in the precise configuration and assembly of its components; it has commercial value; and it has been subject to reasonable steps by its lawful holder to keep it secret.
a) It is unfair competition where a government authority makes unfair commercial use of undisclosed test data or other data concerning safety and efficacy of products submitted to obtain marketing approval for at least five years (human pharmaceuticals) or at least ten years (new agricultural chemical products) without the data owner’s consent; or discloses such data unless necessary to protect the public or unless measures are in place to ensure protection against unfair commercial use.
b) A “new pharmaceutical product” contains a chemical entity not previously approved in the Sultanate for pharmaceutical use; a “new agricultural chemical” likewise contains an entity not previously approved for agricultural use.
a) The foregoing applies if the Sultanate adopts a system of marketing approval based on proof of approval in another country, mutatis mutandis.
b) If the competent authority requires new analytical information (other than bioequivalence) as a condition for marketing approval of a drug whose chemical entity has previously been approved, it may not, without the owner’s consent, authorize for at least three years from approval in the Sultanate another product that relies on such new analytical data or on the approval based thereon.
c) This applies if the Sultanate adopts a system of granting approval based on evidence relating to new analytical information of a product previously approved abroad on that same information, mutatis mutandis.
d) If the product is protected by a valid patent in the Sultanate, the authority shall not grant approval without the patent owner’s consent and shall notify the owner of any third-party application relying on the owner’s data during the patent term.
Part Four — Enforcement of Industrial Property Rights
Chapter One — Infringement and Damages
Article (65):
Subject to Articles (11), (13), and (17), any act in Article (11)(2) performed in the Sultanate by a non-owner without consent constitutes infringement of a patent or utility model.
Upon request of the owner or an exclusive/non-exclusive/compulsory licensee—if the owner was asked to sue and failed to act within 90 days—the court may issue injunctions against current or imminent infringement and award damages if the infringer knew or reasonably should have known the act was unlawful.
Statutory damages are available, where appropriate, for Omani patent holders and for foreign patent holders subject to compulsory licenses to supply the Sultanate with pharmaceuticals under the WTO General Council decision, to prevent/compensate unauthorized imports and re-export/redirection. Customs may take border measures and must suspend release and notify the right holder, granting 10 days to provide prima facie evidence.
Subject to (3), suspension measures also apply to goods bearing counterfeit marks or infringing copyrights, to prevent unauthorized import/re-export of products already imported under (3).
The court may deny provisional or final relief, without prejudice to damages, if:
a) Four years have passed from filing or three years from grant (whichever later) without serious preparations or intent for sufficient commercial exploitation to meet market needs, or quality is not assured;
b) Relief would seriously harm the public interest;
c) Patented products or products made by the patented process are sold by the claimant or with his consent at high prices (considering consumers’ purchasing power and the nature of needs) and no competing product is available;
d) The patent owner engaged in anti-competitive practices;
e) The owner engaged in misconduct in obtaining the patent, subject to Article (14).
a) Provisions do not apply to medical acts of physicians involving diagnosis/treatment/surgery of humans or animals, nor to related health institutions.
b) Definitions: “medical activity,” “medical practitioner,” and “related health-care entity” as stated.
Article (66):
Subject to Article (40)(3), infringement of a registered trademark/collective mark/certification mark or trade name consists of any act under Articles (40)(1) and (46) by a non-owner without consent.
Infringement of a well-known mark consists of confusing use of an identical/similar mark on similar goods/services without consent, or on dissimilar goods/services where use suggests a connection and likely harms the owner’s interests.
Upon request of the owner (registered or well-known, even unregistered) or licensee—if the owner was asked and failed within 90 days—the court may issue injunctions and award damages. This also applies to actions brought by competent authorities, interested groups/unions, including producers/craftsmen/traders.
Article (67):
Infringement of a registered industrial design consists of any act in Article (24)(2) by a non-owner without consent. The court may enjoin and award damages upon request as in Article (66).
Article (68):
Infringement of a protected GI consists of any act in Article (54) or use without consent. The court may enjoin and award damages upon request of any interested party/group of producers/consumers or the competent authority in Article (52).
Article (69):
Infringement of a protected layout design consists of any act in Article (31)(1) by a non-owner without consent. The court may enjoin and award damages upon request of the owner or a licensee (exclusive/non-exclusive/compulsory) if the owner was asked and failed within 90 days.
Article (70):
If the court finds an act under Article (64) to be unfair competition, it shall order the competent authority to revoke marketing approval and order the competitor relying on undisclosed data to cease or not commence marketing. It shall also order the authority to pay appropriate damages for unauthorized disclosure and the competitor to pay appropriate damages for marketing based on such registration.
Article (71):
Legal actions under Articles (65)–(70) must be brought within five (5) years from the date the owner knew or should have known; bad-faith infringement of distinctive signs is exempt and may be pursued at any time.
Chapter Two — Provisional Measures
Article (72):
The court shall promptly order provisional measures to prevent infringement/unauthorized use or to preserve relevant evidence, under civil and commercial procedure or other law.
Ex parte measures shall be ordered if delay would cause irreparable harm or there is a demonstrable risk of evidence destruction, subject to:
a) Evidence convincing the court the applicant is the right holder and infringement occurred/is imminent;
b) Adequate security to protect the defendant and prevent abuse.
a) In ex parte orders, the court shall notify interested parties as soon as possible.
b) Measures shall be executed immediately or, exceptionally, within ten (10) days.
The defendant may appeal within two weeks of notification; the court shall hear the parties and decide.
At the defendant’s request, the order shall be lifted if the claimant does not bring the merits case within 20 working days or 31 days (whichever later) or within the period set in the order.
If the order is lifted or the case dismissed for lack of actual or imminent infringement, the court shall award the defendant compensation for damages caused by the provisional order.
The court may order such measures to preserve evidence even before registration is decided, within 20 working days or 31 days from publication of the grant of the contested registration, if necessary.
Chapter Three — Burden of Proof
Article (73):
If a party presents sufficient evidence indicating the existence of other relevant evidence in the opponent’s possession, the court may oblige the opponent to produce it, safeguarding confidential information.
If a party without justification fails to provide information within a reasonable period or substantially impedes proceedings, the court, after hearing, may rule based on available information.
a) In civil actions for infringement of a patent where the subject is a process for obtaining a product, the court may require the defendant to prove that the process used is different.
b) A product shall be deemed made by the patented process unless proven otherwise if: (1) the product is new; or (2) there is a substantial likelihood the product was made by the process and the patentee, despite reasonable efforts, cannot determine the process.
In civil counterfeiting cases, the court may order seizure of suspected goods, related materials/equipment, or documentary evidence.
The competent civil court shall set experts’ fees and mission scope proportionate to the task, without hindering recourse to such measures.
Chapter Four — Damages
Article (74):
a) Upon awarding damages under Articles (65)–(70), the court shall grant appropriate compensation to the right holder.
b) Without prejudice to other statutory damages, the court shall award: damages sufficient to compensate the harm; and the infringer’s profits, counted toward damages.
c) In assessing damages, the court shall consider the value of the infringing goods/services based on suggested retail price or other lawful metric provided by the owner.
d) In patent infringement, the court may award up to treble the estimated damages.
At the owner’s request, the court may award pre-established damages up to 10,000 OMR per act of infringement so as to provide adequate compensation.
The court shall, in assessing damages, consider litigation costs and reasonable attorneys’ fees, except in exceptional cases.
The court may award damages for acts occurring on or after publication of application acceptance (if any), the date of notifying the infringer of application contents, or the date the infringer became aware thereof. Actions may be brought after issuance of the industrial property title.
Article (75):
The court shall, except in exceptional cases, order destruction of infringing goods without compensation.
Removal of counterfeit marks is not sufficient to release goods into commerce.
The court shall order confiscation of proceeds and raw materials used, and—except in exceptional cases—confiscation and destruction of all infringing goods and production materials/equipment, without compensation to the defendant. The court may retain a list of items and temporarily stay destruction to preserve evidence and may require the owner to bring civil/administrative damages actions if desired.
Article (76):
In enforcement cases, the court may require the infringer to provide information on the identity of persons involved in production/distribution of infringing goods/services and other relevant information.
Article (77):
If it is proven that the beneficiary of a provisional order abused enforcement measures, the court shall award appropriate compensation to the defendant.
Chapter Five — Border Measures
Articles (78)–(91):
(Customs suspension of release for goods infringing trademarks or other IP; procedures for ex officio suspension; notification to parties; inspection and sampling; disclosure of import information; court-ordered suspensions; compensation for wrongful detention; time limits for initiating proceedings; conditions for release; review, duration, and extension of suspensions; prohibition of re-export or diversion to other customs regimes; de minimis personal luggage/small non-commercial consignments exemption; applicability to imports/exports/transit/trans-shipment; right to appeal customs decisions within 60 days.)
Part Six — Criminal Penalties
Article (92):
Without prejudice to harsher penalties:
a) Anyone who intentionally and on a commercial scale infringes an industrial property right shall be punished by imprisonment from at least 3 months up to 3 years and a fine from 2,000 to 10,000 OMR, or either; penalties are doubled on recurrence.
b) Any party to a case who violates a court order relating to enforcement of this law shall be punished by imprisonment from 7 days to 1 month and a fine from 100 to 1,000 OMR, or either.
c) Any party/lawyer/expert/assistant to judges who violates a court order protecting confidential information submitted/exchanged in the case shall be punished by a fine from 100 to 1,000 OMR.
Part Five — Final and Transitional Provisions
Article (93):
The Public Prosecution shall initiate criminal proceedings under this law without need for a complaint by the owner or at the request of competent government authorities.
Any change in ownership of a protected right or its application shall be submitted in writing to the Registrar for recordal and publication; for trademarks, it is not effective against third parties until recorded.
Any change in ownership of a trade name shall be recognized if the business or part thereof is transferred with the same name; requests must be in writing.
Any change in ownership of a trademark/collective mark registration that is likely to mislead the public is void.
Any license contract must be submitted to the Registrar to preserve contents and ensure confidentiality; it shall be recorded and publication noted; for trademarks, it is not effective against third parties until recorded.
The Registrar shall refuse to record any transfer/assignment/license containing abusive/anti-competitive terms or likely to have such effect; appeals may be decided after hearing the parties; either party may appeal to the competent court within 60 days.
a) Any restriction imposed on the assignee/licensee not deriving from rights conferred by the registered subject matter and not necessary to protect that right is abusive/anti-competitive.
b) Notwithstanding this, a license may define scope, territory, and duration; include quality-control conditions (subject to Article 45); and bind the licensee not to harm the owner’s reputation or the subject matter.
Effects of transfer/license cease upon invalidation of the subject right, without prejudice to restitution under the contract unless the beneficiary acted in good faith.
In civil counterfeit cases, the Public Prosecution may seize infringing goods, related materials/equipment, and evidentiary documents.
Article (94):
Applicants whose domicile or principal place of business is outside the Sultanate shall appoint a legal attorney resident in the Sultanate and authorized to practice in IP matters; conditions/fees are set by regulation.
Any interested party may personally appear before the Registrar for actions related to his application.
Payment of prescribed fees under this law may be made by any person.
Article (95):
The Registrar shall keep separate registers for each industrial property right covered by this law and for changes thereto; collective and certification marks are kept in a special register.
Owners may indicate ownership by special distinctive notices.
Any person may, upon payment, access the registers and obtain official copies as per the regulations.
Article (96):
The Registrar may correct any non-substantive error in an application/document/record; substantive errors affecting rights must be corrected by the competent court.
Where correction is needed, the Registrar may, upon written request, extend any time limit for performing an act.
Article (97):
Any interested party may appeal any decision of the Minister/Registrar/competent authority concerning industrial property rights to the competent court within 60 days of notification.
Article (98):
Publication of final judicial rulings and administrative decisions concerning enforcement of industrial property rights shall be made in the public interest as specified by regulation; making them available on the internet constitutes publication.
Article (99):
Entry into force of this law does not prejudice provisions of multilateral/bilateral treaties and agreements on industrial property to which the Sultanate is a party or may become a party.
Unless otherwise stated, the provisions of this law take effect from its enforcement date and apply to pending applications, except those on which a final Registrar decision having effects on other pending applications (such as final examination result) has been issued, which shall be maintained. The provisions also apply to final or non-final judicial decisions affecting pending industrial property applications.
Filed applications benefit from any rights/advantages arising from enforcement of this law and are not affected by any reduction/elimination of a right acquired before enforcement—except as to enforcement provisions herein.
If the law provides new classification systems, existing registrations’ classifications shall be reviewed only upon renewal, if any; reclassification procedures and fees shall be set by regulation.
