WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/OMN/I/2 
27 January 2011 
 (11-0441) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
OMAN 
  The present document reproduces the text
1 of the Law on Industrial Property Rights (Royal 
Decree No. 67/2008), as notified by Oman on 22 July  2010 under Article 63.2 of the Agreement (see 
document IP/N/1/OMN/2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
OMAN 
  Le présent document contient le texte
1 de la Loi sur les droits de propriété industrielle (Décret 
royal n° 67/2008), notifiée par Oman  le 22 juillet 2010 au titre de l'ar ticle 63:2 de l'Accord (voir le 
document IP/N/1/OMN/2). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
OMÁN 
  En el presente documento se reproduce el texto
1 de la Ley sobre los derechos de propiedad 
industrial (Real Decreto N°67/2008), que Omán notificó el 22 de julio de 2010 de conformidad con lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/OMN/2). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/OMN/I/2 
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  LAW ON INDUSTRIAL PROPERTY RIGHTS 
 
Royal Decree 67/2008: 
Promulgating the Law on 
Industrial Property Rights 
  
We, Qaboos bin Sa'id, Sultan of Oman,  After perusal of the Basic Law of the State promulgated by Royal Decree 101/96; 
the law on Trade Marks, data, and Secrets, and Pr otection against illegal competition promulgated by 
Royal Decree 38/2000; the law on Industrial fees and specimens, promulgated by Royal Decree 39/2000; the law on the protection of geographical data (indices) promulgated by Royal Decree 40/2000; 
the law on the protection of topographic designs of integrated circuits promulgated by Royal 
Decree 41/2000; 
the Patents law, promulgated by Royal Decree 82/2000,  And according to the exigencies of public interest,  
we decree the following: 
 
 Article I:   The attached law shall apply on the Industrial Property Rights. 
 Article II:   The Minister of Commerce and Industry shall issue the bylaws and regulations 
necessary for the enforcement of the provisions of the attached law.  Pending the issuance of the 
bylaws and regulations, prevailing acts shall remain in force provided they do not contradict with its 
provisions   Article III:   Referred royal decrees 38/2000, 39/2000, 40/2000, 41/2000, and 82/2000 shall be 
rendered null and void, together with anything that contradicts or contravenes with the attached law. 
 
Article IV:   The Royal Decree shall be published in the Official Gazette and shall come into 
effect from the day following the date of its publication.   
 
Qaboos bin Sa'id     Issued on May 12, 2008 
Sultan of Oman  IP/N/1/OMN/I/2 
 Page 3 
 
 
  LAW ON INDUSTRIAL PROPERTY RIGHTS 
 
Definitions 
 
Article (1):   For the purposes of the application of the provisions of this Law, the following words 
and expressions shall have the meanings given below, unless otherwise required by the context: 
The Minister:  The Minister of Commerce and Industry 
The Registrar:   The Director of the Directorate of Intellectual Property at the Ministry of Commerce 
and Industry 
The Invention:   The innovator's idea that provides for a practical solution of a technological problem, 
whether the innovation is a product or relates to a product, or an industrial processing. 
The Patent:   The title granted to protect an invention.  It establishes a rebuttable presumption of the 
validity and enforceability of the right to prevent others from exploiting the claimed invention in 
Oman. 
Utility Model:   A technical creation that consists of a new shape or configuration of an object or of a 
component of an object that increases its functionality or utility. 
Industrial Design:   Any composition of lines or colors or any three-dimensional form, whether or not 
associated with lines or colors, prov ided that such composition or form  gives a special appearance to a 
product of industry or handicraft a nd can serve as a pattern for a product of industry or handicraft, and 
appeals to and is judged by the eye. 
Layout-Design "Topography":   The three-dimensional dispositi on, however expressed, of the 
elements, at least one of which is an active element,  and of some or all of the interconnections of an 
integrated circuit, or such a three-dimensional di sposition prepared for an integrated circuit intended 
for manufacture. 
Integrated Circuit:   A product, in its final form or an inte rmediate form, in which the elements, at 
least one of which is an active element, and some or  all of the interconnections are integrally formed 
in and/or on a piece of material and which is intended to perform an electronic function. 
Exclusive License:   A license contract that confers on the licensee and to whom he authorizes the 
right to exploit the licensed industrial property right to the exclusion of all other persons. 
Compulsory License:   An authorization given by the Minister to a natural or legal person, a private 
or public entity, to exploit a patent, a utility mode l, a layout-design or an industrial design in the 
Sultanate without the approval of the right holder. 
Distinctive Sign:   A variety of designations and signs used by an enterprise to convey, in the course 
of industrial or commercial activities, a certain iden tity with respect to the enterprise and the products 
produced or the services rendered by that enterprise. 
Mark:   Any sign susceptible of being specifically  represented graphically that is capable of 
distinguishing goods ("trademark") or services ("se rvice mark") of one undertaking from those of 
other undertakings. A mark may, in particular, c onsist of words (including personal names), designs, 
letters, colors or combinations of colors, numer als or the shape of goods or their packaging, 
holograms, geographical indications,  sounds, scents and tastes.  Slogans, where they are not long 
enough to be protected by copyright, shall be protected as marks. IP/N/1/OMN/I/2 
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  Certification Marks:   Any sign or combination of signs capable of designating any specific 
characteristic, including quality, origin or methods  of production of goods and services and which are 
used by other persons under the control of the owner of the mark. 
Collective Mark:   Any marks that belong to a collectivity, such as a cooperative or an association or 
federation of industrialists , producers and merchants. 
Trade Name:   The name or designation identifying and distinguishing an enterprise. 
Geographical Indication:   An indication that identifies a good as originating in the territory of a 
country, or a region or locality in that territo ry, where a given quality, reputation or other 
characteristic of the good is essentially attributable to its geographical origin. 
Certificate:   The title granted to protect a utility mode l, an industrial design, a layout-design 
(topography) of integrated circuit, a mark or a geographical indication. 
Priority Date:   The date of the earlier application that ser ves as the basis for the right of priority 
provided for in the Paris Convention. 
Budapest Treaty:   The treaty on the International Recognition of the Deposit of Microorganisms for 
the Purposes of Patent Procedure, done in 1977. 
Patent Cooperation Treaty:  The treaty, done at Washington on June 19, 1970, amended on 
September 28, 1979, modified on February 3, 1984, and October 3, 2001. 
Patent Law Treaty:   The treaty adopted at Geneva, on June 2, 2000. 
Washington Treaty:   The treaty on Intellectual Property in Respect of Integrated Circuits approved 
in Washington, D.C., on May 26, 1989. 
Paris Convention:   The Paris Convention for the Protection of Industrial Property signed on 
March 20, 1883, and its amendments. 
The Hague Agreement:  The Geneva Act of the Hague Agre ement Concerning the International 
Registration of Industrial Designs, as adopted on July 2, 1999. 
Madrid Protocol:   The Protocol Relating to the Madrid  Agreement Concerning the International 
Registration of Marks, as signed at Madrid on June 28, 1989.  
International Classification:   The classification of patents, inventors' certificates, utility models and 
utility certificates, industrial sketches and desi gns and marks, as established by international 
agreements on this regard. 
Nice Classification:   The Nice Agreement Concerning the In ternational Classification of Goods and 
Services for the Purposes of the Registration of Marks, of June 15, 1957. 
Decision of the General Council of the WTO:   The decision issued on August 30, 2003, on the 
Implementation of Paragraph (6) of the Doha Declaration on the TRIPS Agreement and Public 
Health. 
  IP/N/1/OMN/I/2 
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  PART I:  TECHNICAL INVENTIONS 
 
CHAPTER ONE:  PATENTS 
 
Article (2):   1 - The following shall be excluded from patent protection: 
 
A)   Discoveries, scientific theories and mathematical methods;  B)  Schemes, rules or methods for doing business, performing purely mental acts or playing games; 
 
C)  Natural substances; this provision shall not apply to the processes of isolating those natural 
substances from their original environment;  D)  Known substances for which a new use has been  discovered; this provision shall not apply to 
the use itself, where it constitutes an invention 
 E)  Animals other than micro-organisms, and essentially biological processes for the production of animals and their parts, other than non-biological and microbiological processes; 
 F)  Inventions, the prevention within the territo ry of Oman of the commercial exploitation of 
which is necessary to protect ordre public  and morality 
 2 -  The provisions of the previous paragraph shall not apply to the following inventions: 
 A)  Industrial processes which, in whole or in part, consist of steps that are performed by a 
computer and are directed by a computer program. 
 B)  Product inventions consisting of elements of  a computer-implemented invention, including in 
particular:   1 - Machine-readable computer program code stored on a tangible medium such as a 
floppy disk, computer hard drive or computer memory; and 
  2 -  A general purpose computer whose novelty over the prior art arises primarily due to 
its combination with a specific computer program. 
 Article (3):  
1 -  An invention is patentable if it is new,  involves an inventive step and is industrially 
applicable.  An invention is new if it is not anticipated by prior art.  Prior art shall consist of everything disclosed 
to the public, anywhere in the world, by publication in  tangible form or by oral disclosure, by use or 
in any other way, prior to the filing or, where appropr iate, the priority date, of the application claiming 
the invention.  Disclosure to the public of the invention shall not be taken into considerati on if it occurred within 
twelve months preceding the filing date or, the priority  date of the application, and if it was by reason 
or in consequence of acts committed by the appli cant or his predecessor in title or of an abuse 
committed by a third party with regard to the applicant or his predecessor in title. 
 IP/N/1/OMN/I/2 
Page 6  
 
  2 -  An invention shall be considered as involvi ng an inventive step if it would not have been 
obvious to a person skilled in the art at the filing date  or at priority date of the claimed invention. 
 3 -  An invention shall be considered industrially ap plicable if it can be made or used in any kind 
of industry or if it has specific, substantial a nd credible utility in all economic, agricultural, 
handicrafts, fisheries and services fields. 
 
Article (4): 
 
1 -  The right to a patent shall belong to the inve ntor. It may be assigned, or may be transferred by 
succession. 
 2 -  If two or more persons have jointly made an invention, the right to the patent shall belong to 
them jointly.  If two or more pe rsons have made the same inventi on independently of each other, the 
person whose application has the earliest filing date or, if priority is claimed, the earliest validly 
claimed priority date shall have the right to the patent, as long as the said application is not 
withdrawn, abandoned or rejected to establish priority right for others.   3 -  Where an invention is made in execution of an employment contract the purpose of which is 
to invent, the right to the patent shall belong, in the absence of contractual provisions to the contrary, 
to the employer. When the economic gains extracted by the employer are disproportionately high as 
compared to the employee's salary at the time he hired him, the employee shall be entitled to an 
equitable remuneration.  4 -  Where an invention is made by an employ ee but not in execution of an employment contract, 
and when for making that invention the employee used materials, data and/or know-how of the 
employer, the right to the patent shall belong, in the absence of contractual provisions to the contrary, 
to the employer. The employee shall be entitled to a remuneration that is at least equivalent to one third of the net direct and indirect gains obtaine d by the employer from exploiting the invention. 
 5 -  The obligation to pay the remuneration ar ises from the making and the exploitation of a 
patentable invention.  The failure  or the negligence of the employer in successfully procuring a patent 
in Oman, or abroad, does not exempt him from paying the remuneration. 
 6 -  The employer may, within 60 (sixty) days from receipt of the communication on the making of the invention give notice to the employee that he is  not interested in the invention.  In this event, 
the employee may procure patent rights exclusively. Where the employee carries out the commercial 
exploitation of the invention, the employer shall be  entitled to a remuneration that is proportionate to 
the economic value of the materials, data and/or know-how used by the employee in making the invention.  7 -  When the employer neglects to file for a pa tent application within one year from the date on 
which the employee communicated him the invention, th e employee shall have the right to the patent, 
including the right to assign that right to any interest ed party and to license of transfer the patent, if 
granted.  The exploitation, industrial or commercial, of th e patented invention by the employee shall not 
constitute an act of unfair competition provided that  exploitation does not entail the unauthorized use 
or communication of trade secrets that belong to the employer. 
 8 -  Any invention claimed in a patent applicati on filed by the employee within one year after the 
expiry of the employment contract and that falls within the scope of the former employer's main  IP/N/1/OMN/I/2 
 Page 7 
 
 
  business, shall be presumed to have been made under the expired contract, unless the employee 
produces evidence to the contrary.  9 -  Any anticipated promise or undertaking by the inventor made to his employer to the effect that he will waive any remuneration he is entitled to under this Section shall be without legal effect. 
 
10 -  The inventor shall name the invention afte r him in the patent, unless in a special written 
declaration signed by him and addressed to the Registra r he indicates that he wishes not to be named.  
Any promise or undertaking by the inventor made to any person to the effect that he will make such a 
declaration shall be without legal effect. 
 
11 –  Rights cited in this article shall be en joyed by employees in the State's Administrative 
Apparatus as well as by persons who offer services on special contracts.  Article (5):   Anyone submitting an application claiming patent right should abide by the following: 
 
1 -  The application for a patent shall be filed with the Registrar and shall contain a request, a 
description, one or more claims, one or more drawings  (where required), and an abstract.  It shall be 
subject to the payment of the prescribed application fee.    2 -  The request shall contain a petition to the eff ect that a patent be granted, the name of and 
other prescribed data concerning the applicant, the inve ntor and the agent, if any, and the title of the 
invention.  Where the applicant is not the invent or, the request shall be accompanied by a statement 
justifying the applicant's right to the patent.  3 -  The description shall disclose the invention in a manner sufficiently clear and complete by 
providing the information that enables a person having  ordinary skill in the art to execute, and use the 
invention without unnecessary experimentations.  4 –  To submit a written undertaking declaring that  the micro-organisms to which the application 
relates have been deposited with an internationa l depositary authority, in accordance with the 
Budapest Treaty and its Regulations, provided that th e applicant provides a copy of the receipt of the 
deposit issued by the interna tional depositary authority. 
 5 -  The description of plant varieties shall be de emed sufficient when they are as complete as is 
reasonably possible.  
6 –  Defining the claim or claims for which protection is sought, in a clear and precise manner 
even through the use of description and the drawi ngs in order to make the invention reasonably 
understood by a person of skill in the art that the applicant was in possession of the claimed invention 
as of the filing date.  7 -  The abstract, which must be concise and precise, shall merely serve the purpose of technical 
information; in particular, it shall not be taken into account for the purpose of interpreting the scope of 
the protection. Unless it is necessary otherwise, the abstract shall have no more than three hundred 
words.  8 -  The applicant may withdraw the app lication at any before its being processed. 
 
9 -  A subsequent application can be filed in Oman  in respect of the same invention, if the first 
withdrawn application has never been examined and no priority claims have ever been claimed, nor 
there were undecided on rights in the Sultanate.   Such  subsequent application shall be regarded as the IP/N/1/OMN/I/2 
Page 8  
 
  first application in Oman in respect of that inve ntion. No priority rights shall be claimed on the 
withdrawn application after the lodging of the subsequent application.  
Article (6): 
 
1 -   The application shall relate to one inventi on only or to a group of inventions so linked as to 
form a single general inventive concept.  2 -  The applicant may amend the application, provided that the amendment shall not go beyond the matter claimed in the initial application. 
 
3 -  The applicant may, up to the time when the application is in order for grant, divide the 
application into two or more a pplications, provided that each divisional application shall not go 
beyond the matter disclosed in the initial application.  Each divisional application shall be entitled to 
the filing date and the priority date of the initial application. 
 
4 -  A patent that has been granted may not be i nvalidated if it has been revealed later that the 
applicant did not comply with the requirement of unity of invention.  
Article (7): 
 
1 -  The application may contain a declaration cl aiming the priority, as provided for in the Paris 
Convention, of one or more earlier national or regi onal applications filed by the applicant or his 
predecessor in title in or for any State party to the said Convention and any Member of the World 
Trade Organization.  The period of priority is of  twelve (12) months and shall be counted in 
accordance with the provisions of Article 4 of the Pa ris Convention.  The priority right shall not be 
invalidated by reason of any acts accomplished in the interval, in particular, another filing, the 
publication or exploitation of the invention and such acts cannot give rise to any third–party right or any right of personal possession.  2 -  The Registrar may request that the applicant furnish a copy of the earlier application certified 
as correct by the Industrial Property Office with wh ich it was filed. The Registrar shall accept the 
copy as determined by the certifying authority. 
 3 -  If the requirements under the two previous paragraphs have not been fulfilled, the said 
priority right declaration shall be considered not to have been made. 
 Article (8):  
If the Applicant filed, by himself or by his predecess or, a patent application out side the Sultanate, for 
the same or essentially the same invention as that claimed in the application filed in Oman, the 
Registrar may request the applicant to fu rnish him with the following documents: 
 
1 -  Date and number of any application filed abroad; 
 2 –  A copy of any communication concerning the da te of any search or examination carried out in 
respect of the foreign application;  
3 -  A copy of the patent granted on the basis of the foreign application; 
 4 -  A copy of any final decision rejecting the fo reign application or refusing the grant requested 
in the foreign application; and   IP/N/1/OMN/I/2 
 Page 9 
 
 
  5 –  A copy of any final decision invalidating the patent granted on the basis of the foreign 
application.  
Article (9): 
 
A) The Registrar shall accord as the filing date th e date of receipt of the application, provided 
that the application contains all of the following elements:   1 - An express or implicit indication, written in  the Arabic language,  to the effect that 
the elements are intended to be an application; 
 
 2 -  Indications, written in Arabic language, allowing the identity of the applicant to be 
established and information allowing the app licant to be contacted by the Office; 
  3 -  A part which, on the face of it, appears to be a description, written in any language, of 
an invention; 
  4 -  A reference, written in Arabic language , to the previously filed application if 
appropriate.   
 B)   If the Registrar finds that the application did not fulfill the requirements he shall notify the 
applicant to file the required correction and shall acco rd as the filing date the date of receipt of the 
required correction, but if no correction is made, the application shall be treated as if it had not been 
filed.  C) 1 - Where, in establishing the filing date, the Registrar notices that the application refers 
to drawings which are not included in the application,  the Registrar shall promptly invite the applicant 
to furnish the missing drawings.  The Registrar shall accord as the filing date the date of receipt of the 
missing drawings.  Otherwise, the Registrar shall acco rd as the filing date the date of receipt of the 
application and shall treat any referen ce to the said drawings as non-existent. 
 2 -  Where, in establishing the filing date, the Registrar notices that a part of the description 
appears to be missing; the Registrar shall promptly invite the applicant to furnish the missing part of 
the description.  The Registrar sha ll accord as the filing date the date of receipt of the missing part. 
Otherwise, the Registrar shall accord as the filing date  the date of receipt of the application and shall 
treat any reference to the said part as non-existent.  
3 -  After according a filing date, and havi ng the invention classified according to the 
International Classification, the Registrar shall ex amine whether the application complies with the 
requirements prescribed in this law and its executive regulations.  4 -  A -  Immediately after eighteen months fro m the filing date, the Registrar shall open the 
patent application for public inspection. Public not ice of that act shall be given by means of the 
publication in the Official Gazette of the following elements: 
  1)  the number and the filing date of the application;   2)  the title of the invention; 
 
 3)  the name of the applicant(s) and of the inventor(s);   4)  the priority date;  IP/N/1/OMN/I/2 
Page 10  
 
   5)  the international classification; 
  6)  one drawing, if any, that depicts the main element(s) of the invention;   7)  the abstract. 
 
B -  Any interested person shall receive a copy of  the full contents of pa tent applications opened 
for public inspection, provided the prescribed fees are paid.  C -  The Registrar shall not give access to or information about the contents of the patent 
application to third persons until the noti ce is published in the official gazette. 
 D -  Upon payment of the prescribed fee, at any time between the filing date and the end of the eighteen-month period, the applicant may request the Registrar to open the application for public 
inspection and to publish the no tice in the official gazette. 
 
5 -  A -  Within (36) thirty six months from the filing date, the patent applicant or any other interested person may request the Registrar that the patent application be examined as to its 
compliance with the conditions under this law, provided that the request be accompanied by payment of the prescribed fee which shall take into account the number of claims.  The Registrar shall publish 
in the Official Gazette the request for examination. 
 
B -  If the request that the previous paragraph refe rs to is not submitted within the prescribed term 
the application shall be deemed abandoned.  C -  Within one hundred twenty (120) days from the publication in the Official Gazette of the 
notice of the request for substantive examination an y interested party may file with the Registrar 
information relevant to patentab ility as well as relevant evidences. 
 6 -  For the purposes of the examination of the pa tent application under the previous paragraph, 
the Registrar shall take into account  
 A)  the results of any international sear ch report and any international preliminary 
examination report established under the Pate nt Cooperation Treaty in relation to the 
application; and/or 
  B)  any search and examination report or a final decision submitted under Article 8(2) 
and 8(4) on the refusal to grant a patent  on, a corresponding foreign application; 
and/or 
  C)  any search and examination report which was carried out upon his request by an 
external search and examination authorit y or by a specialized agency of the 
Government of Oman. 
 
Article (10): 
 
1 -  Where the Registrar is of the opinion that th e application complies with the conditions of this 
law and its executive regulations pertaining thereto he shall grant a patent. Otherwise, he shall refuse 
the application and notify the applicant of that decision. 
 2 -  When he grants a patent, the Registrar shall:   a)  publish a reference to the grant of the patent;  IP/N/1/OMN/I/2 
 Page 11 
 
 
   b)  issue to the applicant a certificate of the grant of the patent and a copy of the patent; 
  c)  record the patent;   d)  make available copies of the patent to  the public, on payment of the prescribed fee. 
 
3 -  The Registrar shall, upon request of the owne r of the patent, make changes in the text or 
drawings of the patent in order to limit the extent of  the protection conferred thereby.  In no event can 
the change result in the matter claimed in the pa tent going beyond the matter claimed in the initial 
application on the basis of which the patent w as granted, otherwise it shall be without effect. 
 
Article (11): 
 
1 -  A patent shall confer on its owner the right to prevent third parties from exploiting the patented invention in Oman. 
 
2 -  Exploiting a patented invention means any of the following acts:   A -  when the patent has been granted in respect of a product:    1 -  making, importing, offering for sale, selling and using the product; 
 
  2 -  stocking such product for the purposes of offering for sale, selling or using;   B -  when the patent has been granted in respect of a process: 
 
  1 -  using the process; 
   2 -  doing any of the acts referred to in paragraph (a) in respect of a product 
 obtained directly by means of the process; 
  C -  when the patent has been granted in respect of a plant or plant variety: 
 
  1 -  producing or reproducing (multiplying);     2 -  conditioning for the purpose of propagation;   
  3 -  offering for sale; 
   4 -  selling or other marketing;     5 -  exporting;   
  6 - importing;  
   7 -  stocking for any of the purposes mentioned in (i) to (vi), above;   D -  The provisions of the previous paragraph shall also apply in relation to:  
 
  1 -  varieties which are essentially derived from the protected variety, where the 
 protected variety is not itself an essentially derived variety,  
   2 -  varieties which are not clearly distinguishable from the protected variety and   IP/N/1/OMN/I/2 
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    3 -  varieties whose production requires the repeated use of the protected variety.  
   4 -  a variety shall be deemed to be essentially derived from another variety ("the 
 initial variety") when:  
 
   A -  it is predominantly derived from the initial variety, or from a variety 
  that is itself predominantly derived from the initial variety, while   retaining the expression of the essential characteristics that result   from the genotype or combination of genotypes of the initial variety;  
 
   B -  it is clearly distinguishable from the initial variety; and  
 
C -  except for the differences which result from the act of derivation, it 
conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of 
genotypes of the initial variety.  
 3 -  The owner of the patent shall, in addition to  any other rights, remedies or actions available to 
him, have the right to institute court proceedi ngs against any person who infringes the patent by 
performing, without his agreement, any of the acts re ferred to in paragraph (2) of this article or who 
performs acts which make it likely that infringement will occur. 
 
4 -  The rights under the patent shall not extend:     A)  to acts in respect of articles which have  been put on the market in Oman by the owner 
of the patent or with his consent, conse quently exhausting the patent owner's rights; 
or 
  B)  to the use of articles on aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airspace, territory or waters of Oman;  or 
  C)  to acts done only for experimental pur poses relating to a patented invention;  or 
 
 D)  to acts performed by any person who in good  faith, before the filing or, where priority 
is claimed, was using the invention or w as making effective and serious preparations 
for such use in Oman (the "prior user"); Other than that this exception does not apply 
 
 E)  to the acts of making, constructing, using, or selling the patented invention solely for 
uses reasonably related to the developmen t and submission of information required 
under any law of Oman or a country other than Oman that regulates the manufacture, construction, use or sale of any product,  provided that any product produced under 
such authority shall not be made, used, or  sold in Oman other than for referred 
purposes, and that the product shall only be  exported outside Oman for purposes of 
meeting marketing approval requirements of Oman.  
    With respect of patents granted for plants  and plant varieties, the rights under those 
patents shall not extend to:  
 
   a)  acts done privately and for non-commercial purposes;  
    b)  acts done for experimental purposes; and    IP/N/1/OMN/I/2 
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    c)  acts done for the purpose of breeding other varieties, including 
 essentially derived varieties; 
  F)  subject to the safeguarding of the legiti mate interests of the patent owner, any acts 
practiced by farmers to use for propagating purposes, the product of the harvest 
which they have obtained by planting the patented variety or an essentially derived 
variety. 
 5 -  Without prejudice to the provisions of subsection 4(a) of this article, the Minister shall have the authority, ex officio or at the request of an y interested party, of declaring the patent rights 
exhausted, and thus of authoriz ing others to import the patented  product or a product manufactured 
directly or indirectly by means of the patented invention from another territory when that product is not available in Oman or is available in Oman  with unreasonably low quality standards or in a 
quantity that is not sufficient to meet the local dema nd or at prices that the Minister deems abusive or 
for any other reason of public interest, in cluding anticompetitive practices, provided that: 
 
 a)  the product has been put in the channels  of commerce in the territory from which it 
will be imported by the owner of the patent or with his consent; and 
  b)  a patent claiming the product or the process for its manufacture is in force in the 
territory from which the product will be imported and is owned by the same person who owns 
the patent in Oman or by a person under his control. 
 6 -   The Minister shall, ex officio, or at the request of the patent owner, shall cancel the 
authorization referred in the previous paragraph, in either of the two cases:  
 A -  If the importer fails to fulfill the purpose that justified the Minister's decision to 
consider the patent rights exhausted; 
  B -  If the conditions that gave rise to the Minister's decision to consider the patent 
exhausted cease to exist, provided that the legitimate interests of the importer are 
taken into account, including but not exclusiv ely that the importer will retain the right 
to commercialize the products that remain on stock. 
 7 -  The right of the prior user referred to in sub section (4)(d) of this article may be transferred or 
devolve only together with the enterprise or business, or with that part of the enterprise or business, in 
which the use or preparations for use have been made. 
 
Article (12): 
 
1 –  (A)  Subject to Subsection (2), a patent sh all expire 20 years after the filing date of the 
application for the patent.  
(B)  -  In the event a patent is granted more than four years after the filing date, or two years from 
the request for examination, whichever is later, an d for reasons outside the applicant's control, the 
term of protection of that patent shall be extended so as to compensate for any period of time in excess of four years from the filing date, but shall not exceed five years from the normal expiry date.  
Extensions shall be gran ted upon request by the patent owner a nd the payment of the prescribed fee. 
 
(C) -  An adjustment of the patent term shall be  available, upon the patent owner's request and the 
payment of the prescribed fee, if the marketing a pproval process related to the first commercial use of 
the product in Oman takes longer than 24 (twenty four months) from the date of application of IP/N/1/OMN/I/2 
Page 14  
 
  marketing approval, provided that the delay is not a ttributable to actions of the patent applicant or 
patent owner.  2 -  In order to maintain the patent or pate nt application, the patent owner shall pay a 
progressively increasing annual fee in advance for each year, starting one year after the filing date of 
the application for grant of the patent.  A period of  grace of six months shall be allowed for the late 
payment of the annual fee on payment of the prescribed  surcharge, otherwise, the patent application 
shall be deemed to have been withdrawn.  The Registrar may restore the lapsed patent at any tim e before the end of a period of one year after the 
period in which the payment should have been made, if he is satisfied that the non-payment of fees 
was justifiable and that rights of third parties that may have arisen in the meantime are not unreasonably harmed.   
Article (13): 
 
1 -  A)  Compulsory licenses are granted where:   1)  If the public interest implied that;   2)  If a judicial or administrative body has determined that the manner of exploitation, by 
the owner of the patent or his licensee, is anti- competitive, and the Minister is satisfied that 
the exploitation of the invention would remedy  such practice.  Before issuing granting 
decision, he may listen to the pate nt owner or anyone of interest; 
  3)  If the owner of the patent is abusively exercising his exclusive rights and/or 
neglecting in taking measures to prevent his licensee(s) from abusively exercising the 
licensed exclusive rights; 
  4)  If the invention is not available in sufficient quantities or quality or at predetermined 
reasonable prices in Oman, either through ma nufacture in Oman or through importation; 
 
 5)  If there were another patent application  (the "second patent") claiming an invention 
that involves an important technical advance of considerable economic significance in relation to an invention claimed in the first patent without infringing which the second patent 
cannot be exploited. 
 
B)  The Minister may decide that, even without  the agreement of the owner of the patent, a 
Government agency or a third person designated by  the Minister may exploit the invention.  The 
exploitation of the invention shall be limited to th e purpose for which it was licensed, provided that an 
adequate remuneration be paid to  the patent owner in the circum stances of each case, taking into 
account the economic value of the Minister's decision, and the provisions of the WTO General Council, when applicable with regard to the de termined remuneration on granting a compulsory 
license of a patent claiming a pharmaceutical produc t or a process of making such a pharmaceutical 
product.  2 -   A compulsory license may not be applied for on the ground of insufficient availability of the patented product or of the product manufactured with the patented process, as established in 
subsection (1)(a)(4), of this article before the expi ration of a period of four years from the date of 
filing of the patent application or three years fro m the date of the grant of the patent, whichever 
periods expires last; it shall be refused if the pate ntee justifies his inaction or insufficient action by 
legitimate reasons.   IP/N/1/OMN/I/2 
 Page 15 
 
 
  3  -  Upon request of the owner of the patent, or of the Government agency or of the third person 
authorized to exploit the patented invention, the Mini ster may, after hearing both parties, if either or 
both wish to be heard, vary the terms of the d ecision authorizing the exploitation of the patented 
invention to the extent that changed circumstances justify such variation. 
 
4  - A)  Upon the request of the owner of the patent, the Minister shall terminate the 
compulsory license if he is satisfied, after hearing both parties, if either or both wish to be heard, that 
the circumstances which led to his decision have ceased  to exist and are unlikely to recur or that the 
compulsory licensed person has failed to comply with the terms of the decision. 
 
B) -  The Minister may decide not to terminate th e compulsory license if he is satisfied that the 
need for adequate protection of the legitimate in terests of the compulsory-licensed justifies the 
maintenance of the decision or, if the compulsory  license was granted to re medy an anti-competitive 
practice under subsection (1)(a)(2) of this article, if and when the conditions which led to such 
compulsory license are likely to recur. 
 
5  -  The compulsory license may only be transferre d with the enterprise or business of that person 
or with the part of the enterprise or business within  which the patented inven tion is being exploited. 
 6  -  The compulsory license shall always be non-exclusive.  Therefore, it shall not exclude:  
 a)  the exploitation of the invention by  the patent owner himself, either through 
manufacture in Oman or through importation or both; and 
  b)  the conclusion of license contracts by the owner of the patent;  and  
 c)  the continued exercise, by the owner of  the patent, of his rights under the provisions 
of this law. 
 7  - A)  A request for the compulsory license sha ll be addressed to the Minister.  It shall be 
accompanied by evidence that the owner of the pa tent has received, from the person seeking the 
compulsory license, a request for a contractual license , but that that person has been unable to obtain 
such a license on reasonable commercial terms a nd conditions and within a reasonable time not 
exceeding six months from the date of filing the vo luntary license application to the patent owner, 
unless the particular circumstances of the case show otherwise.  B) Evidence concerning a previous attempt of obtaining a voluntary license, under previous 
paragraph, shall not be required in cases of nati onal emergency or other circumstances of extreme 
urgency or in cases of public non-commercial use or when the license is granted to remedy a practice 
determined after judicial or administrative process to be anti-competitive, provided, however, that in 
such cases the owner of the patent shall be notif ied of the Minister's decision as soon as reasonably 
practicable.  
8  -  The exploitation of the invention for whic h a compulsory license has been issued shall be 
predominantly for the export of a pharmaceutical product or a process to make such a protected pharmaceutical product for   supply of the market in Oman or for a foreign territory or country with 
no or with insufficient manufacturing capacity of this pharmaceutical product or the process to make 
it, in accordance with the terms and conditions of the Decision of the General Council of the WTO.  
 
9  -  Compulsory licenses of inventions in th e field of semi-conductor technology shall only be 
granted for public non-commercial use or where a j udicial or administrative body has determined that 
the manner of exploitation of the patented inventions, by the owner of the patents or his licensees, is IP/N/1/OMN/I/2 
Page 16  
 
  anti-competitive and if the Minister is satisfied that the issuance of the non-voluntary license would 
remedy such practice.    10  -  Where a compulsory license is granted under subsection (1)(A)(5):  
 a)   the owner of the first patent shall be entitled to a cross-license on reasonable terms to 
use the invention claimed in the second patent; and 
  b)  the license of the first patent shall be non-assignable except with the assignment of 
the second patent. 
 
11  - The provisions of this article shall apply, where appropriate and mutatis mutandis , to pending 
patent applications, except in the case of insufficien t availability of the patented product or of the 
product manufactured with the patented process.  Article (14): 
 
1  -  Any interested person may request th e competent Court to invalidate a patent. 
 2  - The Court shall have the authority to i nvalidate the patent if the person requesting the 
invalidation proves that any of the requirements of this law are not fulfilled or if the owner of the 
patent is not the inventor or his successor in title.  The Court shall also have the authority to invalidate 
the patent if the patent owner is  found to have engaged in inequ itable conduct during the procurement 
of the patent letter, such as omission that aims at suppressing information on the application that 
would be material for the decision of granting or refusing the patent.  
3  -  The lack of compliance with any formal re quirements shall not be ground for the invalidation 
of the patent unless the non-compliance in questio n occurred as a result of a fraudulent intention. 
 4  -  When the grounds for invalidation are established with respect only to a part of the invention, only the corresponding claim or claims shall be invalidated.  
5  - Any invalidated patent or claim shall be re garded as null and void from the date of the grant 
of the patent, and shall be deemed  as if it had never been granted. 
 6  - In the event of a dispute ov er the right to the patent, the interested person may ask the Court 
to transfer the title to him instead of invalidating it. 
 
7  -  The Court shall notify the Registrar of the final decision issued according to the provisions of 
this article so that the Registra r records the decision and publish a reference thereto according to the 
Regulations.   IP/N/1/OMN/I/2 
 Page 17 
 
 
  CHAPTER TWO:  UTILITY MODEL CERTIFICATES 
 
Article (15): 
 
Without prejudice to the following provisions, the provisions of Chapter One of Part I shall apply 
mutatis mutandis  to utility model certificates. 
 
1  -  An invention is registrable as a utility  model if it is new, involves a sufficiently 
inventive step and is industrially applicable.  
2  -  A utility model shall be considered as involving a sufficiently inventive step if, 
having regard to the differences and similar ities between the claimed utility model and the 
prior art, the utility model does not result in a common manner from the prior art relevant to a 
person having ordinary skill in the art.  
3  -  The description of the utility model sha ll disclose it in a manner sufficiently clear and 
complete for the utility model to be carried out  by a person having ordinary skill in the art, 
and shall, in particular, indicate how the claimed utility model enhances the utility or functionality of the object.  4  -  The examination by the Registrar of the application for a certificate of utility model 
shall be in accordance with the provisions of this law. 
 
Article (16): 
 
1  -  The owner of the certificate shall, according to  the provisions of this law, have the right to 
institute court proceedings, against any person who infringes the certificate without his agreement or 
performs any of the acts which make it likely that infringement will occur. 
 Upon receipt of the action, the Court shall order th e Registrar to examine the utility model certificate 
as to compliance with the provisions of this law.  The Registrar shall transmit the result of such 
examination to the Court in no more than 120 (one  hundred and twenty) days. That result shall have 
the value of a rebuttable presumption as regards the validity or invalidity of the certificate. 
 2  -  During the period in which the Registrar examines the utility model, the Court may order 
provisional measures to prevent an infringement from occurring and/or to preserve relevant evidence 
in regard to the alleged infringement. 
 
Article (17): 
 
Subject to Article (12/2) of this law, a certificate shall expire 10 years after the filing date of the application for the certificate.  
 
 Article (18): 
 
1  -   (A)   At any time before the examination of a patent application under Article (9/5) of this 
law or in any case before the grant or refusal of a patent or of an industrial design certificate, an 
applicant for a patent or for an industrial design certificate may, upon payment of the prescribed fee, 
convert his application into an application for a ut ility model certificate, which shall be accorded the 
filing date of the initial application.  (B)  At any time before the grant or refusal of a utility model certificate, an applicant for a utility 
model certificate may, upon payment of the prescribed fee, convert his application into a patent or an IP/N/1/OMN/I/2 
Page 18  
 
  industrial designs certificate application, which shall be accorded the filing date of the initial 
application.  (C)  An application shall not be convert ed under Subsection (1) more than once. 
  IP/N/1/OMN/I/2 
 Page 19 
 
 
  CHAPTER THREE:  INDUSTRIAL DESIGNS 
 
Article (19): 
 
The protection under this Chapter does not extend to  anything in an industrial design which serves 
solely to obtain a technical result or improving a practical function. 
 
Article (20): 
 
1  -  An industrial design is registrable if it has never been disclosed to the public. 
 
2  -  An industrial design shall be new if it do es not significantly differ from designs that have 
been disclosed to the public, anywhere in the world,  by publication in tangible form or by use or in 
any other way, prior to the filing date or, where a pplicable, the priority date of the application for 
registration. 
 
3  - The provisions of articles (3) and (7) of this  law shall apply to registrable industrial designs, 
except that the period determined in Article (7) sha ll be of six months. Consequently, the filing of the 
application in Oman before the expiration of the pe riod referred to above sha ll not be invalidated by 
reason of any acts accomplished in the interval, in particular, another filing or the putting on sale of copies of the design and such acts cannot give rise to any third–party right. 
 
4   -  Industrial designs that are contrary to pu blic order or morality shall not be registrable. 
 
Article (21): 
 The provisions of Article (4) of this law shall apply mutatis mutandis  to the right of registering and 
naming industrial designs.  
Article (22): 
 
1  -  The application for registration of an indus trial design shall be filed with the Registrar and 
shall contain a request, drawings, photographs or othe r adequate graphic representations of the article 
embodying the industrial design and an indication of  the kind of products for which the industrial 
design is to be used.  It may be accompanied by  a specimen of the article embodying the industrial 
design, where the industrial design is two-dimensi onal.  The application shall be subject to the 
payment of the prescribed application fee. 
 
2  -  Where the applicant is not the creator, th e request shall be accompanied by a statement 
justifying the applicant's right to the registration of the industrial design.  3  -  Two or more, up to a maximum of one hundred (100), industrial designs may be the subject of the same application, provided they relate to th e same class of the International Classification or to 
the same set or composition of articles. 
 4  - The application, at the time of filing, may contain a request that the publication of the industrial design, upon registration, be deferred fo r a period not exceeding 12 months from the date of 
filing or, if priority is claimed, from the date of priority, of the application. 
 
5  -   The applicant may withdraw the application at any time during its pendency.  IP/N/1/OMN/I/2 
Page 20  
 
  Article (23): 
 
1  -  The Registrar shall accord as the filing date the date of receipt of the application, provided 
that, at the time of receipt, the application contains  indications allowing the identity of the applicant to 
be established and the required graphic representa tion of the article embodying the industrial design. 
The provision of article (9/A) shall apply. 
 2  - Where the Registrar finds that the cond itions referred to in this law and it executive 
regulations are fulfilled, he shall publish in the Official  Gazette a notice that he is ready to register the 
industrial design, publish a reference to the regist ration and issue to the applicant a certificate of 
registration of the industrial design, after the paym ent of the prescribed fee within ninety (90) days 
from the publication of the notice, which shall cover th e costs of registration, publication and issuance 
of the certificate of registration, as well as a period of five years of the term of protection. If the fee is not paid timely, the Registrar may concede an extension of ninety (90) days if he is satisfied that the 
applicant was able to justify the failure to pay the fee timely.  Ot herwise, the applicant shall be 
cancelled by the Registrar.  There shall be no restoration of cancelled designs.  
 3  - A) Where a request has been made for deferment of publication, upon registration of the industrial design, neither the representation of the de sign nor any file relating to the application shall 
be open to public inspection.  In this case, the Registrar shall publish a mention of the deferment of 
the publication of the industrial design and info rmation identifying the registered owner, and 
indicating the filing date of the application, the length of the period for which deferment has been 
requested and any other prescribed particulars.  At the expiry of the period of deferment, the Regi strar shall publish the registered industrial design. 
 
B) The institution of legal proceedings on the b asis of a registered industrial design during the 
period of deferment of publication shall be subject to the condition that the information contained in 
the Register and in the file relating to the app lication has been communicated to the person against 
whom the action is brought.  
Article (24): 
 
1  -  An industrial design certificate shall confer on its owner the right to prevent third parties not 
having the owner's consent from making, selling or importing articles bearing or embodying a design 
which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for 
commercial purposes. 
 
2  - Provisions of Article ( 11) of this law shall apply  mutatis mutandis  to registered industrial 
designs . 
 3  -  The registered owner of an industrial design shall have the right to institute court proceedings 
against any person who infringes the industrial design by performing, without his agreement, any of 
the acts referred to in subsection (1) or who perfo rms acts which make it likely that infringement will 
occur.   4  -  The registration of an industrial design shall be for a period of five (5) years from the filing date of the application for registration. If the ow ner so requests, according to the Regulations, and 
upon the payment of the prescribed fee, the registra tion shall be renewed for two further consecutive 
periods of five years. A period of grace of six (6) m onths shall be allowed for the late payment of the 
renewal fee on payment of the prescribed surcharge,  otherwise the registered industrial design shall 
lapse.  There shall be no restoration of lapsed registered industrial designs.   IP/N/1/OMN/I/2 
 Page 21 
 
 
  Article (25): 
 
The provisions of Article (13) of this law shall apply mutatis mutandis  to compulsory licenses of 
industrial designs.  Article (26): 
 
The provisions of Article (14) of this law shall apply mutatis mutandis  to the procedures on 
invalidating compulsory licenses of industrial designs. IP/N/1/OMN/I/2 
Page 22  
 
   
CHAPTER FOUR: LAYOUT-DESIGNS (TOPOGRAPHIES)  
OF INTEGRATED CIRCUITS 
 
Article (27): 
 
1  - The right owner may file an application to regi ster layout-design of integrated circuits if they 
are original and have never been commercially e xploited for a period exceeding two (2) years in any 
part of the world.  
2  - The layout-design of an integrated circuit is cons idered to be original if it is the result of its 
creator's own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.  3  - A layout-design consisting of a combinatio n of elements and interconnections that are 
commonplace shall be protected only if the combina tion, taken as a whole, is original within the 
meaning cited in the previous paragraph.  
Article (28): 
 
1  -  The right to layout-design protection shall be limited to the creator of the layout-design.  It 
may be assigned or transferred by succession. Where several persons have jointly created a layout-
design, the right shall belong to them jointly.  2  -  Provisions of Article (4 ) of this law shall apply, mutatis mutandis , to the protection prescribed 
to layout-designs. 
 
Article (29): 
 
1  -  Protection under this law shall not depend upon whether or not the integrated circuit which 
incorporates the protected layout-design is itself incor porated in an article.  Subject to subsection (2), 
the protection shall have the effect that the follo wing acts shall be unlawful if performed without the 
authorization of the right holder: 
  a)  reproducing, whether by incorporation in an integrated circuit or otherwise, the 
protected layout-design in its entirety or any part thereof, except the act of reproducing any part that does not comply with the requirement of originality referred to in Article (27); 
 
 b)  importing, selling or otherwise dist ributing for commercial purposes the protected 
layout-design, an integrated circuit in which th e protected layout-design is incorporated or an 
article incorporating such an integrated circ uit in so far as it continues to contain an 
unlawfully reproduced layout-design. 
 
2  -  The effect of protection of a layout-design under this law shall not extend to: 
  a)  reproduction of the protected layout-design for private purposes or for the sole 
purpose of evaluation, analysis, research or teaching; or 
 
 c)  the incorporation in an integrated circ uit of a layout-design if the original layout 
design is created on the basis of such analysis or evaluation; or 
  d)  the performance of any of the acts referred to in subsection (1)(b) of this article in 
respect of an integrated circuit incorporating an unlawfully reproduced layout-design or any  IP/N/1/OMN/I/2 
 Page 23 
 
 
  article incorporating such an integrated circ uit where the person performing or ordering such 
an act did not know and had no reasonable ground to know, that it incorporated an unlawfully 
reproduced layout-design. 
  however, after the time that such person has received sufficient notice that the layout-design 
was unlawfully reproduced, that person may perform any of the said acts only with respect to 
the stock on hand or ordered before such time a nd shall be liable to pay to the right holder a 
sum equivalent to a reasonable and negotiated royalty; or 
  e)  the performance of any of the acts referred to in subsections (1) (2) of this article act 
is performed in respect of an identical layout -design which is original and has been created 
independently by a third party.  
 
Article (30): 
 1  -   Without prejudice to the provisions of th e previous article, the Minister shall have the 
authority, ex officio or at the request of any inte rested party, of declaring the layout-design certificate 
rights exhausted, and thus of au thorizing others to import the acquiring the registered integrated 
circuit or the article incorporating such an integr ated circuit ("the product") from another territory 
when that product is not available in the territory of Oman or is available in the territory of Oman with 
unreasonably low quality standards or in a quantity that  is not sufficient to meet the local demand or 
at prices that the Minister deems abusive or for any other reason of public interest, including 
anticompetitive practices, provided that:   A)  the product has been put in the channels  of commerce in the territory from which it 
will be imported by the owner of the layout-d esign certificate or with his consent; and 
 
 B)  the layout-design in question is protected in the territory from which the product will 
be imported and is owned by the same person who owns the layout-design certificate in 
Oman. 
 2  -   The Minister may, ex officio or at the request of the right holder, cancel the authorization 
referred to in the previous paragraph of this ar ticle if either of the following two circumstances 
prevail:   a)   If the importer fails to fulfill the purpo se that justified the Minister's decision to 
consider the right holder's rights exhausted; 
 
 b)   If the conditions that gave rise to the Mi nister's decision to consider the right holder's 
rights exhausted cease to exist, provided that the legitimate interests of the importer are taken 
into account, including but not exclusively that the importer will retain the right to commercialize the products that remain on stock. 
 Article (31): 
 
Under this law, the protection of the layout-design shall commence:  
1 - on the date of the first commercial exploita tion, anywhere in the world, of the layout-
design by, or with the consent of, the right hol der, provided an application for protection is 
filed by the right holder with the Registrar's Office within the time limit referred to in article (27), or  IP/N/1/OMN/I/2 
Page 24  
 
  2  -  on the filing date accorded to the applic ation for the registration of the layout-design 
filed by the right holder, if the layout-design has not been previously exploited commercially 
anywhere in the world. 
  Protection of a layout-design under the provisions of this law shall terminate at the end of the 
tenth calendar year after the date of commencement of protection. 
 
Article (32): 
 
1  -  Applications for the registration of layout-d esigns shall be in writing and shall be filed with 
the Registrar's Office.  A separate application shall be filed for each layout-design, provided that the 
application includes the following:.   A)  Specimen for the registration of the layout-design in the Register of Layout-Designs 
and a detailed and precise designation thereof; 
 
 B)  Indicate the name, address, nationality and, if different from the address, the habitual 
residence of the applicant; 
  C)   Be accompanied by the power of a ttorney appointing the representative of the 
applicant, if any, and by a copy or draw ing of the layout-design along with information 
defining the electronic function which the integr ated circuit is intended to perform; however, 
the application may omit such parts of the c opy or drawing that relate to the manner of 
manufacture of the integrated circuit, provided th at the parts submitted are sufficient to allow 
the identification of the layout-design; 
 
 D)   Specify the date of first commercial e xploitation of the layout-design anywhere in the 
world or indicate that such expl oitation has not commenced;  and 
  E)  Provide particulars establishing the right to  protection under Article (29) of this law. 
 2  -  Where the application does not duly comply w ith the requirements of the previous paragraph, 
the Registrar shall notify the applicant of the defects and invite him to correct them within Sixty (60) 
days from the date of notification.  If the defects are corrected within the time limit, the Registrar shall 
accord as the filing date the date of receipt of the ap plication, provided that, at the time of receipt, the 
application contained an express or implicit indica tion that the registration of a layout-design is 
requested and indications allowing the identity of the applicant to be established and was 
accompanied by a copy or drawing of the layout-desi gn, otherwise the date of receipt of the required 
correction shall be deemed to be the filing date of  the application.  The Registrar shall confirm the 
filing date and communicate it to the applicant.  If th e defects are not corrected within the time limit, 
the application shall be deemed not to have been filed.  3  - Each application for protection of a layout-design shall be subject to the payment of the 
prescribed fee.  If the fee is not paid within Sixty (60) days from the date of notifying the applicant, 
the application shall be deemed not to have been filed.  
Article (33): 
 1  -  Where the application complies with the requirements under this law, the Registrar shall 
register the layout-design in the Register of Layout-D esigns without examination of the originality of 
the layout-design, the applicant's entitlement to prot ection or the correctness of the facts stated in the 
application.   IP/N/1/OMN/I/2 
 Page 25 
 
 
  2  - Any person may consult the Register of Layout-Designs and obtain extracts therefrom, 
subject to the payment of the prescribed fee.  3  - The registration of a layout-design shall be published in the Official Gazette, subject to the 
payment of the prescribed fee.. 
 
Article (34): 
 
The provisions of Article (13) of this law shall apply, mutatis mutandis,  to Compulsory licenses of 
registered layout-designs. 
 
Article (35): 
 
The provisions of Article (14) of this law shall apply, mutatis mutandis,  to the applications to 
invalidate compulsory licenses of registered layout-designs. 
 
 IP/N/1/OMN/I/2 
Page 26  
 
  PART II:  TRADE MARKS 
 
CHAPTER ONE: 
 
SERVICE MARKS, COLLECTIVE MARKS, 
CERTIFICATION MARKS AND TRADE NAMES 
 
Article (36): 
 
1  -  The exclusive right to a mark shall be  acquired by registration in accordance with the 
provisions of this law. 
 2  -  It cannot be considered a trade mark, and cannot be validly registered:   a) if it is incapable of distinguishing th e goods or services of one enterprise from those 
of other enterprises; the scent or taste or othe r material characteristic of goods shall not be 
deemed capable of distinguishing the goods when they result normally from the common 
composition of those goods; 
  b) if it is contrary to public order or morality; it shall be understood, however, that the 
nature of the goods or services to which a mark  is to be applied shall in no case form an 
obstacle to registration of the mark; 
  c) if it is likely to mislead the public or trade circles, in particular as regards the 
geographical origin of the goods or services concerned or that contain false information as to the origin of the products, their other nature or characteristics, and also the marks that contain 
illusive trade name; 
  d)  if it is identical with, or is an imitatio n of or contains as an element, an armorial 
bearing, flag and other emblem, a name or abbrev iation or initials of the name of, or official 
sign or hallmark adopted by, any State, in tergovernmental organization or organization 
created by an international convention, unless au thorized by the competent authority of that 
State or organization; 
  e) if it is identical with, or confusingly similar to, or constitutes a translation of, a mark 
or trade name which is well known in Oman fo r identical or similar goods or services of 
another enterprise, or if it is well-known in Oman for goods or services which are not 
identical or similar to those in respect of whic h registration is applied for, provided, in the 
latter case, that use of the mark in relati on to those goods or services would indicate a 
connection between those goods or services and the owner of the well-known mark and that 
the interests of the owner of the well-known mark are likely to be damaged by such use;   
  f)  if it is identical with or similar to a mark belonging to a different proprietor and 
already on the Register, or with an earlier filing or priority date, in respect of identical or 
similar goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion; 
  g) if the application has been made in bad faith or meant to cause damage to an already 
registered mark. 
 3  -  Notwithstanding the provisions of paragraph (2 /a) of this article, the Registrar or the Court 
shall have the authority to decide whether a mark  has acquired secondary meaning or distinctiveness 
through continued use. In that event the mark shall be registrable.  IP/N/1/OMN/I/2 
 Page 27 
 
 
  4  -  In case of honest concurrent use, or of othe r special circumstances which in the opinion of the 
Court or the Registrar make it proper to do so, th e Court or the Registrar may permit the registration 
of marks that are identical or nearly resemble ea ch other in respect of the same goods or services or 
description of goods or services by more than one proprietor subject to such conditions and 
limitations, as the Court or the Registrar, as the case may be, may think it right to impose. 
 
5  -  Where separate applications are made by two or more different persons to be registered as proprietors respectively of trade marks that are identi cal or nearly resemble each other in respect of 
the same, similar or related goods or services or de scription of goods or services, the Registrar may 
refuse to register any of them until their rights have been determined by the Court. 
 
6  -  Words or expressions of common use by c onsumers and technical words or expressions that 
pertain to the field to which the goods and services belong shall be deemed as  not having distinctive 
capability for the purposes of paragraph (2/a) of th is article.  However, any legal or regulatory 
measures mandating the use of the term customary in common language as the common name for a 
good or service, shall not impair the use or effectiv eness of trademarks used in relation to such good 
or service.   7  -  The mark shall be considered famous if it is known in the relevant sector to which the good or 
service belongs, or as a result of the promotion of the mark.  
8  -   In the case of the use of an identical sign for identical goods or services, a likelihood of 
confusion shall be presumed according to paragraph (2/f) of this article.  9  -   The prior user of a mark which is not in the Register or which is not subject to a pending application, may oppose an application for a regist ration by another person of a similar or identical 
mark for similar or identical goods, provided he: 
  A - submits evidence that he has used that ma rk in good faith for at least six months prior 
to the filing date or the pr iority date, if applicable; 
  B  - submits evidence that he has acquired clientele and that clientele attributes some 
reputation to the mark; and 
  C  - he files an application for registration of his own mark prior to sending the Registrar 
the notice of opposition. 
 
10  - The registration by a third person of a simila r or identical mark to one that has lapsed for 
similar or identical goods or services shall be admitt ed only after a period of at least three (3) years 
has passed from the date on which notice of the term ination of the mark was published in the Official 
Gazette.  This paragraph does not apply to the licen see of the mark that is licensed and abandoned.  
 11  - Goods or services may not be considered as being similar to each other solely on the ground 
that, in any registration or publi cation, they appear in the same class of the Nice Classification. 
Conversely, goods or services may not be considered as being dissimilar from each other solely on the 
ground that, in any registration or publication, they appear in different classes of the Nice 
Classification.   Article (37): 
 
1  - (A)  The application for registration of a mark shall be filed with the Registrar, in 
accordance with the situations and conditions as sp ecified by the regulations, and shall contain a 
request, a reproduction of the mark and a list of the goods or services for which registration of the IP/N/1/OMN/I/2 
Page 28  
 
  mark is requested, listed under the applicable class or classes of the International Classification. It 
shall be subject to the payment of the prescribed application fee.  (B) When the mark consists of a distinctive sign th at is not visually perceptible, the  application 
shall contain a graphical reproduction of the mark. 
 
(C)  Where the applicant wishes to  claim color as a distinctive feature of the mark, he shall submit 
a statement to that effect as well as the name or  names of the color or colors claimed and an 
indication, in respect of each color, of the princi pal parts of the mark which are in that color.  
 
(D) Where the applicant wishes to apply for a th ree-dimensional mark, he shall submit a statement 
to that effect.  2  -   (a)  The application may contain a declaration claiming the priority of an earlier national or regional application filed by the applicant or  his predecessor in title, in which case, the Registrar 
may require that the applicant furnish, within th e period of Six (6) months, a copy of the earlier 
application, certified as correct by the Registry with which it was filed.  In case the declaration of priority does not fulfill the prescribed conditions and requirements, it shall be considered not to have 
been made..  (b) The period of priority referred to in the previ ous paragraph is of six months from the date of 
filing the earlier application. 
 3  -  The applicant may at any time withdraw his application or restrict the goods or services covered by the application.  Article (38): 
 
1  - A)  The Registrar shall examine whether the application complies with the prescribed 
requirements.  B)   The Registrar shall examine the mark to de termine whether it is a registrable mark according 
to the provisions of this law. 
 2  -  a)  Where the Registrar finds that all the prescribed conditions are fulfilled, he shall 
forthwith cause the application, as accepted, to be published in the prescribed manner, after the 
payment of prescribed fee. 
 
b)  Any interested person may, within the period of ninety (90) days from the date of publishing 
in the official gazette, give a written notice to th e Registrar of opposition to registration, after the 
payment of prescribed fee.  c)  Within the period of ninety (90) days from the date of his receiving the Registration's 
notification of the opposition, the applicant may s ubmit a written counter-state ment of the grounds on 
which he relies for his application.  d)   The Registrar shall furnish a copy thereo f to the person giving notice of opposition and, after 
hearing the parties, if either or both wish to be heard, and considering the merits of the case, shall 
decide whether the mark should, or should not be registered. 
 3  - A)  Where the Registrar finds that the application to register the mark satisfies all 
conditions and none has not been opposed;  or that  it has been opposed and the opposition has been  IP/N/1/OMN/I/2 
 Page 29 
 
 
  decided in the applicant's favor, he  shall register the mark, publish a reference to the registration and 
issue to the applicant a certificate of registration.  B)  The Registrar may refuse the application to register the mark, if it does not fulfill the 
conditions.  He shall notify the applican t on the decision and reasons for refusal. 
 
The applicant may contest the refusal , by means of a reasoned statement in writing, within sixty (60) 
days from the receipt of the notice of refusal.  If he so wishes, the appellant may appeal from the 
refusal directly to the competent Court, without the need for contesting it.  
4  - (a)  The country of origin is a Member of the Paris Union or of the World Trade 
Organization or that maintains a relation of reciproc ity with Oman, and where the applicant has a real 
and effective industrial or commercia l establishment, or the country where he has his domicile, or the 
country of which he is a national applicant if he has no domicile in the country of origin. 
 
(b)  Accept the filing of each and every registered mark according to the regulations prevailing in 
the territory or country of origin which is a member of the Paris Union or the World Trade 
Organization, or that maintains a relation of recipr ocity with Oman, and shall be protected in Oman.  
Before concluding final registration, the Regi strar may ask submitting a certificate – without 
legalization – to register the mark at the country of origin and issued by the competent authorities 
thereof. 
 
(c) Trademarks covered by this article may be neither denied registration nor invalidated except 
in the following cases:   1 - when they are of such a nature as to in fringe rights acquired by third parties in Oman; 
 
 2  -  when they are devoid of any distinctive character, or consist exclusively of names 
given by the public to goods or services, or  customary drawing and ordinary photos 
associated with goods and services. 
  3   -   when they are contrary to morality or public order and/or of such a nature as to 
deceive the public. 
 (d)  The provisions of Part III (Protection against illegal competition) shall apply to paragraph (4/c) of this article.  
(e)  In determining whether a mark is eligible fo r protection, all the factual circumstances must be 
taken into consideration, particularly the length of time the mark has been in use. 
 (f) The Registrar shall not refuse the registration of a mark under this Subsection for the sole 
reason that it differs from the mark protected in the c ountry of origin only in respect of elements that 
do not alter its distinctive character and do not aff ect its identity in the form in which it has been 
registered in the said country of origin. 
 (g) No person may benefit from the provisions of this article if the mark for which he claims 
protection is not registered in the country of origin.  
(h) The benefit of priority shall remain unaffected  for applications for the registration of marks 
filed within the period of Six (6) months, even if regi stration in the country of origin is effected after 
the expiration of such period.   IP/N/1/OMN/I/2 
Page 30  
 
  Article (39): 
 
1  - The owner of a registered mark shall have th e exclusive right to prevent all third parties not 
having the owner's consent from using in the course of  trade identical or similar signs, including trade 
names and geographical indications, for goods or ser vices related to those in respect of which the 
mark is registered, where such u se would result in a likelihood of confusion, without prejudice to the 
provisions of this law.  2  - In accordance with Part IV of this law, the owner of a registered mark shall have the right to 
institute court proceedings agains t any person who infringes the mark by using, without his consent, 
the mark as aforesaid or who performs acts whic h make it likely that infringement will occur. 
 3  - The rights conferred by registration of a mark shall not extend to acts in respect of articles which have been put on the market in Oman by the re gistered owner or with his consent, and therefore 
shall be exhausted. 
 
Article (40): 
 
1  - Without prejudice to the provisions of paragra ph (3) of the previous article, the Minister shall 
have the authority, ex officio or at the request of any interested party, of declaring the trademark rights exhausted and thus of aut horizing others to import the product identified by or bearing a 
registered or otherwise protected trademark from a nother territory when that product is not available 
in the territory of Oman or is available in the territory of Oman with unreasonably low quality 
standards or in a quantity that is not sufficient to meet the local demand or at abusive prices or for any 
other reason of public interest, provided that:  
 a) the product has been put in the channels  of commerce in the territory from which it 
will be imported by the owner of the trademark or with his consent; and 
  b) a similar or identical trademark is regist ered or otherwise protected in the territory 
from which the product will be imported and is  owned by the same person who owns the 
registered or otherwise protected trademark in  Oman or by a person under his control. 
 
2  - The Minister shall, ex officio, or at the request of the trademark owner, cancel the 
authorization referred to in the previous paragr aph of this article in the following two cases: 
  A - If the importer fails to fulfill the purpose that justified the Minister's decision to 
consider the trademark rights exhausted; 
  B - If the conditions that gave rise to the Mi nister's decision to consider the trademark 
rights exhausted cease to exist, provided that the legitimate interests of the importer are taken 
into account, including but not exclusively that the importer will retain the right to commercialize the products that remain on stock. 
 
3  - The provision of article (39/1) of this law sh all not apply to the use of the registered mark by 
a third person with informative purposes, such as to promote sales or engage in comparative 
advertisement, provided such use is not made in a manner that deceives the public or constitutes 
unfair competition. 
 
4  - The Minister of Health may take measures to limit the use of marks with the purpose of 
facilitating the prescription of and the access to ge neric pharmaceutical products and medical devices, 
or with the purpose of discouraging the public cons umption of goods that are deemed prejudicial to  IP/N/1/OMN/I/2 
 Page 31 
 
 
  health provided such measures do not impair the use or  effectiveness of trademarks used in relation to 
such good or service to distinguish goods of one undertaking from those of other undertaking.  
Article (41): 
 The period of protection of registration of a mark sh all be ten (10) years from the filing date of the 
application for registration.  The registration of a mark may, upon request, be renewed for consecutive 
similar terms, subject to the payment of the prescribed fee.  A period of grace of six (6) months shall be allo wed for the late payment of the renewal fee on 
payment of the prescribed surcharge, otherwise the registered mark shall lapse. There shall be no 
restoration of lapsed registered marks.  
Article (42): 
 1  - (A) Any interested person may request the Court to invalidate the registration of a mark, 
within a period of five (5) years from the date of is suance of the registration certificate, or at any time 
if the registration was obtained in bad faith or  on the purpose of harming a registered mark. 
 (B) The Court shall invalidate the registration if it is  proved that it has been issued in violation of 
the provisions of this law.  As such, the Registra r shall accord the invalidation ad publishes it in the 
Official Gazette. 
 2  -  Any interested person may request the Regi strar to remove a mark from the Register, in 
respect of any of the goods or services in respect of  which it is registered, on the ground that up to one 
month prior to filing the request the mark had, after its registration, not been used by the registered 
owner or a licensee during a continuous period of three (3) years or longer, provided that a mark shall 
not be removed if it is shown that special circum stances prevented the use of  the mark, such as import 
restrictions or other government or market impedi ments to commercialization, and that there was no 
intention not to use or to abandon the sam e in respect of those goods or services. 
 
Article (43): 
 
1  -  The provisions of this law shall apply to collective marks.  It shall not be required that the applicant of the registration of a collective mark possesses and 
industrial or commercial establishment anywhere in a Member of the Paris Union or a Member of the 
WTO. 
 2  - An application for registration of a collectiv e mark shall designate the mark as a collective 
mark and shall be accompanied by a copy of the Ru les, if any, governing the use of the collective 
mark.  Any changes made in respect of these ru les shall be communicated to the Registrar. 
 Article (44): 
 
1  - The provisions of this law shall apply to certification marks.  The application for the registration of a certification mark must designate the sign as a certification 
mark and shall be accompanied by the Rules gove rning its use. These provisions apply to all 
certification marks, including those that are owned by governmental agencies.  2  - The use of certification marks shall be lim ited to the goods and services for which they been 
issued. IP/N/1/OMN/I/2 
Page 32  
 
  3  -  The Registrar, the Attorney General, any interested person, owner competitors, and producers 
of approved goods and services, and also the unions and organization legitimately representing 
concerned customers, may request the invalidation of  certification marks.  The Court may decide to 
invalidate the registration of these marks if it is proved that the owner of the certification mark uses it, or that he permits its use in contravention of the Rules of this law or that he permits its use in a 
manner liable to deceive trade circles or the public as to the origin or any other common 
characteristics of the goods or services concerned.  
Article (45): 
 1  - Any license contract concerning the registrati on of a mark, or an application therefor, shall 
provide for effective control by the licensor of th e quality of the goods or services of the licensee in 
connection with which the mark is used. If the license contract does not provide for such quality 
control or if such quality control is not effectively carried out, the license contract shall not be valid, 
and the Court may declare the mark as abandoned by its owner. Abandonment shall come into effect 
on the date of enforcing the contract.  This sha ll be recorded and a notification thereof shall be 
published in the Official gazette.  2  - The registration of a collective mark, or an application thereof, may not be the subject of a 
license contract.  
3  - The owner of a registered mark shall have the right to assign it without the transfer of the 
business to which the mark belongs. this provisi on shall not apply to certification marks. 
 
Article (46): 
 Any person, who has proved to comply with th e technical standards and other conditions for 
registering a certification mark, shall have the right to use the certification sign in the same conditions 
established in this law.  
Article (47): 
 1  -  A name or designation may not be used as a trad e name if by its nature or the use to which it 
may be put, it is contrary to public order or morality and if, in particular, it is liable to deceive trade 
circles or the public as to the nature of  the enterprise identified by that name. 
 2  -   A) Trade names shall be protected, even prior to or without registration, against any 
unlawful act committed by third parties. 
 B) Any subsequent use of the trade name, trademar k, or collective mark by a third party, that 
likely to mislead the public, shall be deemed unlawful.   IP/N/1/OMN/I/2 
 Page 33 
 
 
  CHAPTER TWO:  GEOGRAPHICAL INDICATIONS 
 
Article (48): 
 
For the purposes of this Chapter the term "good" means any natural or agricultural product or any 
product of handicraft or industry;  and the term "producer" means any producer of agricultural 
products or any other person exploiting natural produ cts, any manufacturer of products of handicraft, 
or industry, and any trader dealing in the said products.  
Article (49): 
 
1  - Availability of protection against a geographi cal indication which, although literally true as to 
the territory, region or locality in which the goods or iginate, falsely represents to the public that the 
goods originate in another territory.  
2  - Availability of protection against a geographical indication that is identical or similar to a 
trademark, for related goods or services, if the use of that geographical indication is likely to cause 
confusion, or to cause mistake, or to deceive or risk associating the geographical indication with the 
owner of the trademark, or constitutes unfair e xploitation of the reputation of the trademark.  
 
Article (50): 
 
In the case of homonymous geographical indications  for goods, protection shall be accorded to each 
indication, subject to previous article. The Regist rar, in cases of permitted concurrent use of such 
indications, shall determine the practical cond itions under which the homonymous indications in 
question will be differentiated fro m each other, taking into account the need to ensure equitable 
treatment of the producers concerned and that consumers are not misled. 
 
Article (51): 
 
The following shall not be protected as geographical indications:  
 A)  indications which do not corres pond to the definition in Article (1); 
  B)  indications which are contrary to public order or morality;   C)  indications which are not or cease to be protected in their country of origin, or which 
have fallen into disuse in that country; 
  D) indications with respect to goods that are identical with the term customary in 
common language as the common name for such goods in Oman; 
  E)  indications that may be confusingly sim ilar to a mark currently registered or pending 
registration in good faith; and 
  F)  indications that may be confusingly si milar to a mark in Oman and for which rights 
have been acquired in accordance with national law. 
 Article (52): 
 
1  - The application for registration of a geographi cal indication shall be filed with the Registrar 
by natural persons or legal entities carrying on an activity as a producer in the geographical area 
specified in the application, with respect to  the goods specified in the application;  IP/N/1/OMN/I/2 
Page 34  
 
  2  - The Registrar may, ex officio or per request of any of the persons designated in the previous 
paragraph, file an application to register a geogr aphical indication with respect to goods where the 
producers of those goods are not formally organized or associated and therefore may not apply for and obtain the registration of the geographical indication.   The geographical indication, referred to in the 
previous paragraph, shall enjoy the protection gov erned by the provisions of this law, and the 
Registrar shall be the custodian of those geographical indications until he or the Court is satisfied that 
the persons or entities entitled to own and enforce rights in geographical indications are organized 
under the provisions of this law.   3  - The rights conferred by the registration of ge ographical indications shall be without prejudice 
of the protection of geographical indications as trad emarks, collective marks or certification marks as 
well as under the provisions relating to the repression of unfair competition, under this Law.  
Article (53): 
 1  - If the Registrar has examined and accepted an application for registering a geographical 
indication, he should publish that in the Official  Gazette, after the payment of prescribed fee. 
 2  - A) Any interested person or competent authority may, within the period of Sixty (60) days from the date of publication in the Official Gazette, give notice to the Registrar of opposition 
 
B) The Registrar shall give notice of the oppositio n to the applicant, who, within the period of 
ninety (90) days from receiving that notice, shall send to the Registrar a counter-statement, in writing; 
if he does not do so, he shall be deemed  to have abandoned the application. 
 C) The Registrar shall furnish a copy thereof to the person giving notice of opposition and, after 
hearing the two parties, if either or both wish to be  heard, and considering the merits of the case, shall 
decide whether the geographical indication should be registered.  3  - Where the Registrar finds that the app lication for geographical indication fulfills the 
conditions and that it has not been  opposed within the period prescribed in paragraph (2/A) of this 
article; or that the geographical indication has b een opposed and the opposition has been decided in 
the applicant's favor,  he shall register the ge ographical indication, publish a reference to the 
registration and issue to the applicant a certificate of registration.  4  -  Any interested person may appeal to the competent court on the Registrar's decision whether 
accepting or refusing an application to register geographical indication, in accordance with the 
provisions of this law. 
 
Article (54): 
 
1   -   Producers carrying on their activity in a specified geographical area shall have the right to prevent all third parties from using in the course of trade identical or similar signs for goods or 
services which are identical or similar to those in  respect of which the geographical indication is 
registered.  2  - The provisions of Article (39) apply mutatis mutandis  to geographical indications. 
  IP/N/1/OMN/I/2 
 Page 35 
 
 
  Article (55): 
 
1  - Any interested person or any competent authority may request the Court to order:   A - the invalidation of a registration of a geographical indication on the ground that it 
does not qualify for protection as such;  
  B -  the rectification of a registration of an geographical indication on the ground that the 
geographical area specified in the registration does not correspond to the geographical indication, or that the indication of the products  for which the geographical indication is used 
or the indication of the quality, reputation or ot her characteristic of such products is missing 
or unsatisfactory. 
 2  - The person who filed the application for re gistration of the geographical indication shall 
provide notice of the request for invalidation or rectification submitted to the Court in accordance 
with the provisions of the previous paragraph of th is article.  Also persons having rights to using the 
geographical indication shall also be notified according to the provisions of Article (54) of this Law, 
through publication in the Official Gazette.  Those persons, and anyone of interest apply to join the 
proceedings within a period of thirty ( 30) days from the date of notifying them. 
 
Article (56): 
 
The Court shall,  ex officio  or at the request of an interested pa rty, refuse or invalidate the registration 
of a trademark which contains or consists of a geographical indication with respect to goods not 
originating in the territory indicated, if use of the indication in the trademark for such goods in Oman 
is of such a nature as to mislead th e public as to the true place of origin. 
 Article (57): 
 
The Registrar or the Court shall,  ex officio  or at the request of an interested party, refuse or invalidate 
the registration of a trademark with respect to goods that contain or consist of a geographical 
indication with respect to goods not having this origin.   
 
Article (58): 
 
The followings are exempted from the provisions of this Law: 
 
1  -  Where a distinctive sign has been applied fo r or registered in good faith in Oman, or where 
rights to a distinctive sign have been acquired throu gh use in good faith in Oman  either through its 
having become well-known in Oman  before Nove mber 9, 2000,  or before the geographical 
indication gained protection in the country of origin , this law does not violate the registrability of, or 
the validity of the registration of a distinctive sign, or the right to use a distinctive sign, on the basis 
that such a distinctive sign is identical w ith, or similar to, a geographical indication. 
 
2  - The geographical indication of any country with respect to goods or services for which the relevant indication is identical with the term customary in common language as the common name for 
such goods or services in Oman or in respect of a geographical indication of any other country with 
respect to products of the vine for which the releva nt indication is identical with the customary name 
of a grape variety existing in Oman as of January 1, 1995. (Date of enforcing the WTO agreement.) 
 3  - Any request for relief made under Part IV of this Law in connection with the use or 
registration of a distinctive sign must be presented within five years after the adverse use of the protected indication has become generally known in Oman or after the date of registration of the IP/N/1/OMN/I/2 
Page 36  
 
  trademark in Oman, provided that the trademark has b een published by that date, if such date is earlier 
than the date on which the adverse use became ge nerally known in Oman and provided that the 
geographical indication is not used or registered in bad faith.  4  - The right of any person to use, in the course of trade, that person's name or the name of that 
person's predecessor in business, except where such na me is used in such a manner as to mislead the 
public.  
Article (59): 
 Without prejudices to the provisions of Part IV of  this Law, any interested person, or group of 
producers or consumers, may institute cour t proceedings to prevent the following: 
  a) The use of any means in naming or offering any good while hinting that the subject 
good originated in a geographical region differe nt from the true country of origin, in a 
manner that misleads the public with regard  to the geographic origin of the good. 
  b) Any use that constitutes an act of unfai r competition according to the provisions of 
Article (10/II), of Paris Accord. 
  IP/N/1/OMN/I/2 
 Page 37 
 
 
  PART III:  PROTECTION AGAINST UNFAIR COMPETITION 
 
Article (60): 
 
1  - The provisions of this Part shall apply inde pendently of, and in addition to, any legislative 
provisions protecting inventions, utility models, i ndustrial designs, layout-designs, distinctive signs, 
literary and artistic works and other intellectual property subject matter. 
 2  - A) Any act or practice, in the course of  industrial or commercial activities, that is 
contrary to honest practices shall c onstitute an act of unfair competition. 
 
B) An act or practice that is contrary to honest practices, for the purposes of this Part, shall mean 
at least practices such as breach of contract, breach of confidence and inducement to breach, and 
includes the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that such practices were involved in the acquisition of undisclosed 
information.  Also the acts of breach of lega l duties in a manner that leads to obtaining illicit 
advantages over competitors, such as the breach of environmental or labor law.  C) Any natural person or legal entity damaged or  likely to be damaged by an act of unfair 
competition shall be entitled to the remedies referred to in Part IV.   Article (61): 
 
1  - Any act or practice, in the course of industrial or commercial activities, that causes, or is likely to cause, confusion with respect to another' s enterprise or its activities, in particular, the 
products or services offered by such enterprise,  shall constitute an act of unfair competition. 
 
2  -  Confusion may, in particular, be caused with respect to:    (A)  a trademark, whether registered or not, or trade name;   (B)  a distinctive sign other than a trademark or trade name; 
 
 (C)  the appearance of a product, the presen tation of products or services as well as of the 
place of business; 
 
Article (62): 
 
Shall be considered an act of unfair competition any act or practice, in the course of industrial or 
commercial activities, that damages, or is likel y to damage, the goodwill or reputation of another 
competitor's. Damaging another's goodwill or reputation may, in particular, result from the dilution of 
the goodwill or reputation attached to the distinctiv e character or advertising value of a trademark, 
trade name or other business identifier, the appearance  of a product or the pres entation of products or 
services or of a celebrity or well-known fictional character, regardless of whether such act or practice  
causes confusion.   
Article (63): 
 1  -  Any act or practice, in the course of industr ial or commercial activities, that misleads, or is 
likely to mislead, the public with resp ect to an enterprise or its activities, in particular, the products or 
services offered by such enterprise, shall constitute an act of unfair competition. 
 IP/N/1/OMN/I/2 
Page 38  
 
  2  - Misleading may arise out of advertising or promotion and may, in particular, occur with 
respect to:  
a)  the manufacturing process of a product;  
b)  the suitability of a product or service for a particular purpose; 
 c)  the quality or quantity or other ch aracteristics of products or services; 
 d)  the geographical origin of products or services; 
 
e)  the conditions on which products or services are offered or provided;  f)  the price of products or services or the manner in which it is calculated. 
 
Article (64):  
1  - Any false or unjustifiable allegation, in the course of industrial or commercial activities, that 
discredits, or is likely to discredit, another's compet itor enterprise or its activities, in particular, the 
products or services offered by such enterprise,  shall constitute an act of unfair competition. 
 
2  -  Discrediting may arise out of advertising or  promotion and may, in particular, occur with 
respect to:   
A – the manufacturing process of a product;  
B – the suitability of a product or service for a particular purpose; 
 C – the quality or quantity or other characteristics of products or services;  D – the conditions on which products or services are offered or provided; 
 
E - the price of products or services or the manner in which it is calculated. 
 
Article (65): 
 
1  - Shall be considered an act of unfair competiti on any act or practice, in the course of industrial 
or commercial activities, that results in the disclos ure, acquisition or use by others of undisclosed 
information without the consent of the person lawful ly in control of that information "the rightful 
holder" and in a manner contrary to honest commercia l practices, such as breach of contract, breach of 
confidence and inducement to breach, and includes th e acquisition of undisclosed information by third 
parties who knew, or were grossly negligent in fa iling to know, that such practices were involved in 
the acquisition. 
 
2  - The information shall be considered "undisclosed  information" if it is s ecret in the sense that 
it is not, as a body or in the precise configurati on and assembly of its components, generally known 
among or readily accessible to persons within the circles that normally deal with the kind of information in question; it has commercial value because it is secret; and it has been subject to 
reasonable steps under the circumstances by the person lawfully in control of the information to keep 
it secret.  3  - A)  Any act or practice, in the course of industrial or commercial activities, shall be considered an act of unfair competition if it consists or results in:  IP/N/1/OMN/I/2 
 Page 39 
 
 
  1-  an unfair commercial use by a governmental authority of undisclosed test or other 
data concerning safety and efficacy of the pr oduct which have been submitted to that 
authority as a condition of obtaining approval of the marketing of new pharmaceutical 
products for at least five (5) years or agricultura l chemical products for at least ten (10) years, 
and the governmental authority did not obtain th e approval of the person lawfully in control 
of the information for its commercial use.  
 2-   the disclosure of such data, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use. 
 
B) a pharmaceutical product shall be considered new if it contains a chemical entity that has not 
been previously approved in the territory of Oman for use in a pharmaceutical product;  a new 
agricultural chemical shall be considered new if it  contains a chemical entity that has not been 
previously approved in the territory of Oman for use in an agricultural chemical product. 
 
4  -  a) The provisions of paragraph (3) of this article shall apply, mutatis mutandis , in the 
event Oman adopts the practice of granting mark eting approval based on evidence of marketing 
approval granted in another territory.  b)  Where the competent authority of Oman requires or permits, as a condition of granting marketing approval for a pharmaceutical product th at includes a chemical entity that has been 
previously approved for marketing in another phar maceutical product, the submission of new clinical 
information that is essential to the approval of a pharmaceutical product, other than information 
related to bioequivalency, that competent authorit y shall not, without the consent of the originator, 
authorize another to market a same or a sim ilar product based on the new clinical information 
submitted in support of the marke ting approval; or evidence of the marketing approval based on the 
new clinical information, for at least three (3) y ears from the date of marketing approval in Oman.  
 c)   The provisions of the previous pa ragraph of this article shall apply, mutatis mutandis , in the 
event Oman adopts the practice of granting mark eting approval based on evidence concerning new 
clinical information for a product that was previous ly approved based on that new clinical information 
in another territory. 
 
d)   Where the originator's product is covered by a patent in force in the territory of Oman, the 
competent authority shall not approve another product without the prior consent of the patent owner.  
The competent authority shall inform the patent ow ner about the request submitted by anther person 
during the term of a patent, for approving the ma rketing of the same product based on the patent 
owner's information. 
   IP/N/1/OMN/I/2 
Page 40  
 
  PART IV:  ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 
 
CHAPTER ONE:  INFRINGEMENT PROCEEDINGS AND REMEDIES 
 
Article (66): 
 
1  - Subject to the provisions of articles (11), ( 13), and (17) of this Law an infringement of a 
patent or a utility model shall consist of the perform ance of any act referred to in article (11/2) in 
Oman by a person other than the owner of the pa tent and without the agreement of the latter. 
 
2  - On the request of the owner of the patent or of the utility model, or of an exclusive licensee, 
or of a non-exclusive licensee, or of a compulsory lic ensee, if he has requested the owner to institute 
court proceedings for a specific relief and the owner h as refused or failed to do so within ninety (90) 
days, the Court may grant an injunction to preven t infringement or an imminent infringement and, 
where the infringer acted knowingly or with re asonable grounds to know, aw ard damages and grant 
any other remedy provided for accordin g to the provisions of this Law. 
 3  - The legal remedies provided to owners of pate nts in Oman shall be al so available, whenever 
appropriate, to the owners of forei gn patents that have been the subject of a compulsory license for the 
purposes of supplying the market of Oman of pha rmaceutical products, under the scheme established 
by the Decision of the WTO General Council, in order to prevent or remedy the unauthorized 
importation as well as the re-exportation or deviation of the products in question.  Customs authorities 
shall have the authority to take border measures fo r the purposes of the provisions of this article ex 
officio. In this event, they sha ll notify the right holder of the suspension of release who shall have ten 
(10) days for providing adequate evidence that th e retained products prima facie correspond to the 
claims of the patent in question.  
 
4  - Without prejudice to the provisions of paragra ph (3) of this article, the same border measures 
that are available under this Law for the suspension by the customs authorities of the release into free 
circulation of counterfeit trademar k and pirated copyright goods shall also apply to prevent the 
unauthorized importation or re-exporta tion of the products that have actually been imported into the 
territory of Oman under the scheme referred to in paragraph (3) of this article. 
 
5  - Courts may refuse to grant provisional or definitive injunctions, without prejudice to the 
payment of damages, when:  
A  - after the expiration of a period of four (4) years from the date of filing of the patent 
application or three (3) years from the date of the grant of the patent, the plaintiff or a person 
with his authorization is not, or has not take n serious preparations for, or has no serious 
intention to start, commercially exploiting the invention in a manner that meets the demands 
of the market as to quantity, or at any time if the invention is exploited in a manner that does 
not meet the demands of the market as to quality;   
B  - the injunction causes serious harm to the public interest; 
 C  - the patented products or the products manufactured by a patented process are sold by the plaintiff or by a third party with the plain tiff's consent at prices that are deemed excessive 
taking into account the average purchase power of  consumers and the specific nature of the 
needs the products aim at meeting, and th ere is no competing product on the market; 
 D  - the patent owner has engaged in anti-co mpetitive acts or practices, as determined by 
the Court or by a competent administrative authority;   IP/N/1/OMN/I/2 
 Page 41 
 
 
  E  - the patent owner is found to have engaged in inequitable conduct during the 
procurement of the patent letter;  this paragr aph applies without prejudice to the provisions of 
article (14) of this Law. 
 6  - a) Provisions of this Part shall not apply to medical practitioners' performance of a 
medical activity that constitutes an infringement of a patent for a diagnostic, therapeutic and surgical 
methods for the treatment of humans or animals.  These provisions also shall not apply to medical institutions related to medical activity.   b) For the purposes of the provisions of this article: 
 
1-  the term "medical activity" means the perfo rmance of a medical or surgical procedure 
on a body, but shall not include:  (a) the use of a patented machine, manufactur e, or composition of matter in violation of 
such patent; 
 (b)  the practice of a patented use of a com position of matter in violation of such patent, 
or 
 (c)  the practice of a process in violation of a biotechnology patent; 
 
2- the term "medical practitioner" means any natural person who is licensed by a State to 
provide the medical activity or who is acti ng under the direction of such person in the 
performance of the medical activity;  
3- the term "related health care entity" shall mean an entity with which a medical 
practitioner has a professional affiliation under which the medical practitioner performs the 
medical activity, including but not limited to a nursing home, hospital, university, medical school, health maintenance organization, gr oup medical practice, or a medical clinic. 
 
Article (67): 
 
1  - Subject to the provisions of article (40/3) of this Law, an infringement of a registered mark, or 
a registered collective mark, or a registered certification mark, or of a trade name shall consist of the performance of any act referred to in the two articles (40/1) and (46) of this Law in Oman by a person 
other than the owner of the mark or of the trad e name and without the agreement of the latter. 
 
2  - An infringement of a well-known mark shall consist of the use of a sign identical with or 
confusingly similar to the well-known mark, whether registered in Oman or not, without the agreement of the owner of the well-known mark provided that the sign is used:   a)  in relation to goods or services identical with or similar to the goods or services for 
which the well-known mark has been registered, or 
  b)  in relation to goods or services which are not identical with or similar to those in 
respect of the well-known mark provided that the use of the sign in relation to those goods or 
services would indicate a connection between those goods or services and the owner of the 
well-known mark and that the interests of the owner of the well-known mark are likely to be 
damaged by such use. 
 3  - On the request of the owner of a regist ered mark or of a well-known mark, even if 
unregistered, or of an exclusive licensee, or of a non-exclusive licensee if he has requested the owner IP/N/1/OMN/I/2 
Page 42  
 
  of the mark to institute court proceedings for a speci fic relief and the owner of the mark has refused or 
failed to do so within ninety (90) days, the Court may grant an injunction to prevent infringement, or an imminent infringement, and grant appropriate re medies to cover for damages resulting from such 
infringements.   
The same injunction by the court applies if the re quest is submitted to the Court by any competent 
authority or any interested person, group association or syndicate, including producers, manufacturers, 
or traders.  
Article (68): 
 
1  - An infringement of a registered industrial design shall consist of the performance of any act referred to in article (24/2) of this Law by a pe rson other than the owner of the industrial design and 
without his agreement.  
2  - On the request of the owner of the industrial design, or of an exclusive licensee, or of a non-
exclusive licensee if he has requested the owner to institute court proceedings for a specific relief and 
the owner has refused or failed to do so within nine ty (90) days, the Court may grant an injunction to 
prevent infringement or an imminent infringement, award damages and grant appropriate remedies to 
cover damages resulting from such infringements.  Article (69): 
 
1  - An infringement of a geographical indicati on protected under this Law shall consist of the 
performance of any act referred to in article (54) of this Law or any use of  a geographical indication 
without the consent of the owner. 
 
2  - On the request of any interested person or of  any interested group of producers or consumers, 
or any competent authority under Article (52) of this Law, the Court may grant an injunction to prevent the unlawful use of the geographical in dication, award damages and grant appropriate 
remedies to cover damages resulting from such infringements.  Article (70): 
 
1  -   An infringement of a layout-design (topography) of an integrated circuit protected under this Act shall consist of the performance of any act referre d to in article (31/1) by a person other than the 
owner of the layout-design (topography) and without his agreement. 
 
2  -   On the request of the owner of the layout-d esign (topography) of an integrated circuit, or of 
an exclusive licensee, or of a compulsory licensee, or of a non-exclusive licensee if he has requested 
the owner to institute court proceedings for a speci fic relief and the owner has refused or failed to do 
so within ninety (90) days, the Court may grant an  injunction to prevent infringement or an imminent 
infringement, award damages and grant appropriate remedies to cover damages resulting from such 
infringements.  
 
Article (71): 
 
Where an act under Article (65) of this Law is cons idered by the Court to constitute an act of unfair 
competition, the Court shall order the government authority to cancel the marketing approval; the 
competitor of the undisclosed data holder not to  market or to cease to market the products the 
registration of which has constituted an act of unfair competition because it was based on an authorized reliance of protected undisclosed test data or other data.  The Court shall oblige the 
government authority to pay adequate damages for the unauthorized disclosure of the data, and oblige  IP/N/1/OMN/I/2 
 Page 43 
 
 
  the competitor of the undisclosed data holder to pay adequate damages for the marketing of the 
products the registration of which has c onstituted an act of unfair competition.  
 
Article (72): 
 The civil proceedings under articles (66 through 71) of this Law can be  initiated within five (5) years 
from the date on which the right holder knew or ha d reasons to know the infringing acts, except in 
case of infringing use of distinctive signs in bad faith or for unfair competition purposes, for which there will be no time limits to initiate the proceedings.  IP/N/1/OMN/I/2 
Page 44  
 
  CHAPTER TWO:  PROVISIONAL MEASURES 
 
Article (73): 
 
1  - The Court shall order, in accordance with the procedure prescribed in the Code of Civil 
Procedure or similar statute prompt and effective provisional measures to prevent an infringement or 
unlawful use of a right protected under the provisions of this Law or to preserve relevant evidence in 
regard to an alleged infringement.  2  - Where appropriate, in particular where any delay is likely to cause irreparable harm to the 
right holder or where there is a demonstrable risk of evidence being destroyed, the Court shall order 
provisional measures without giving the other party an  opportunity of being heard provided that the 
applicant has furnished:   a)  any reasonably available evidence satisfyi ng the Court that the applicant is the right 
holder and that the applicant's rights are being infringed or that such infringement is 
imminent, and  
  b)  any security or equivalent assurance re quired by the Court to protect the defendant 
and to prevent abuse; such security or equivale nt assurance shall be reasonable in view of the 
circumstances and shall be set so as not to unreasonably deter recourse to such procedures. 
 
3  - A) Where provisional measures have been ordered without having given the other party 
an opportunity of being heard, the Court shall give the parties affected notice of the decision, at the 
earliest after the execution of the measures.  
B)  Requests for provisional measures, referred to  in the previous paragraph are executed once 
they are issued, except in exceptional cases w ithin a maximum period of ten (10) days. 
 4  - The defendant may file a request to the C ourt to review the ordered provisional measures, 
within two (2) weeks from the notification of the d ecision. The Court shall give the parties concerned 
an opportunity of being heard and shall and taking a decision.  
 
5  - Where the applicant does not initiate court pro ceedings leading to a decision on the merits of 
the case within 20 working days or 31 calendar days, whichever is the longer, from the notification of 
the decision ordering provisional measures or within  any other reasonable period determined by the 
Court in the decision, the Court shall revoke the provisional measures upon the request of the 
defendant. 
 6  - Where the provisional measures are revoked or where the Court decides that there has been 
no infringement or threat of an infringement, th e Court shall order the applicant to provide the 
defendant appropriate compensation for any injury caused by the execution of the provisional measures. 
 
7  - If requested, the Court shall order the provisi onal measures referred to in this article, aiming 
at preserving relevant evidence, even before the gr anting of the pending registration, if the Court so 
deems necessary, within (20) working days or (31)  calendar days, whichever is the longer, from the 
publication of the grant of the pending registration.  IP/N/1/OMN/I/2 
 Page 45 
 
 
  CHAPTER THREE: EVIDENCE; BURDEN OF PROOF 
 
Article (74): 
 
1  - The Court may, where a party has presente d reasonably available evidence sufficient to 
support the claims and has specified evidence relevant to substantiation of the claims which lies in the 
control of the opposing party, order that this evid ence be produced by the opposing party, subject, in 
appropriate cases, to conditions which ensure the protection of confidential information. 
 2  - In cases in which a party to a proceeding voluntarily and without good reason refuses access 
to, or otherwise does not provide necessary informa tion within a reasonable period, or significantly 
impedes a procedure relating to an enforcement action,  the Court, after listening to parties, may issue 
its decision, on the basis of the information presented to it. 
 3  - a)  For the purposes of civil proceedings in  respect of the infringement of rights of the 
patent owner, if the subject matter of a patent is  a process for obtaining a product, the Court may order 
the defendant to prove that the process used to obtain an identical product is different from the 
patented process.  b) Any identical product when produced without th e consent of the patent owner shall, in the 
absence of proof to the contrary, be deemed to have been obtained by the patented process in either of 
the following circumstances: 
  1  - if the product obtained by the patented process is new, or   2  - if there is a substantial likelihood that  the identical product was made by the process 
and the owner of the patent has been unabl e through reasonable efforts to determine the 
process actually used. 
 4  - In civil judicial proceedings concerning tr ademark counterfeiting, the Court shall have the 
authority to order the seizure of suspected infri nging goods, any related ma terials and implements, 
and documentary evidence relevant to the infringement.  
 
5  - The competent Civil Court shall estimate the expenditure and remunera tion, of the technical 
or other experts it appoints in civil proceedings , in a manner proportionate with the quantity and 
nature of work to be performed and do not unreasonably deter recourse to such proceedings. 
 IP/N/1/OMN/I/2 
Page 46  
 
  CHAPTER FOUR:  DAMAGES; OTHER REMEDIES 
 
Article (75): 
 
1  - A) Where the Court awards damages in acc ordance with Articles (66 through 71) of this 
Law, the Court's decision should include an ade quate compensation to the right holder for the 
infringement of his intellectual property right.  B)  - 1)  Without prejudices to any other compensations prescribed by any other law, the Court shall oblige any person who proves to have violated trademarks or patents, to compensate the right 
holder as follows: 
  a)  Compensations sufficient enough to cover for the damage to the right holder that is 
attributable to the infringement. 
 
 b)  The amount of profits gained by the infringer attributable to the infringement, and 
which were not accounted for when estimating th e award of damages stated in the previous 
paragraph. 
  2  –  Upon the request of the right holder, and instead of the remedies stated in paragraphs (1,2) of this article, the Court shall award the previously estimated compensation provided 
such compensation does not exceed Rials Ten Thousands for each act of infringement and be 
sufficient to cover for the damages caused.   3  –  While estimating the compensation cite d in the article, the Court shall take into 
consideration the court charges and lawyers fees spent and demanded by the right holder, except in 
exceptional circumstances as believed by the Court in view of the compensations demanded by the 
right holder.  C)  - In determining damages for infringement of the rights established in this Act, the Court shall 
consider, inter alia , the value of the infringed-on good or service, measured by the suggested retail 
price or other legitimate measure of value submitted by the right holder. 
 
D)  - In civil judicial proceedings concerni ng patent infringement, th e Court shall have the 
authority to increase damages to an  amount that is up to three times the amount of the injury found or 
assessed.  
2  - The Court may order the infringer to pay for damages relating to acts of infringement 
practiced, on the date or subsequent to the date on wh ich public notice, if any, of the application of the 
registration was given through the Official Gazette; or on the date or subsequent to the date on which 
the applicant of the registration gave notice to the al leged infringer of the contents of the application; 
or on the date or subsequent to the date on wh ich the alleged infringer acquired knowledge of the 
contents of the application.  The request for the Court to order the payment of damages cited above, 
may be filed only after the title of industrial  property right in question is granted.  
 
Article (76): 
 
1  - Where goods have been found to be infringing , the Court shall order, without compensation 
of any sort, that these goods be destroye d, except in exceptional circumstances. 
 2  - In respect of counterfeit trademark goods, th e simple removal of the trademark unlawfully 
affixed shall not be sufficient, to permit releas e of the goods into the channels of commerce.  
  IP/N/1/OMN/I/2 
 Page 47 
 
 
  3  - The Court should order the confiscation of any assets traceable to the infringing activity and 
the original materials used in the infringement.  The Court should also order, except in exceptional 
circumstances, the confiscation and destruction of all infringing goods, material s, and equipment used 
in the manufacture or production of infringing goods, without compensation of any sort to the Defendant. 
 
The Court shall have the power to maintain a list of  goods and other materials that will be destroyed, 
and may temporarily exempt such materials from the destruction order in orde r to facilitate preserving 
evidence, upon the request of the right holder wishing to file a civil or administrative motion demanding remedies. 
 
Article (77): 
 
In civil judicial proceedings concer ning the enforcement of the rights protected by this Law, the Court 
shall have the authority to order the infringer to provide any information that the infringer possesses 
regarding the identity of any person or persons involved in any aspect of the infringement and 
regarding the production or distribution of such g oods or services.  The Infri nger shall provide such 
information to the right holder.  
Article (78): 
 The Court shall order an applicant at whose re quest measures were ta ken and who has abused 
enforcement procedures to provide to a defendant an  adequate compensation for the injury suffered by 
virtue of such abuse.    IP/N/1/OMN/I/2 
Page 48  
 
  CHAPTER FIVE:  BORDER MEASURES 
 
Article (79): 
 
1  - A)  The right holder may request the Cust oms Service to suspend the customs clearance 
procedures and release into free circulation of infri nging goods with counterfe it trademarks, provided 
that he shall provide sufficient prima facie evidence that the importation of counterfeit trademark 
goods is taking place or is imminent, and that there is prima facie an infringement of his intellectual 
property right, and to supply sufficient information th at may reasonably be expected to be within the 
right holder's knowledge to make the suspected goods reasonably recognizable by its competent 
authorities. The requirement to provide sufficient information shall not unreaso nably deter recourse to 
these procedures.   B)   The application to suspend the release of goods  shall remain in force for a period of one year 
from the date of application, or the period that  the good is protected by the relevant trademark 
registration, whichever is shorter. 
 2  - Where the release into free circulatio n was suspended on Customs own initiative, the 
Customs Department shall notify the right holder ab out the suspension of release into free circulation, 
and may require a security in accordance with the pr ovisions of this Law and its regulations within 
three (3) working days from receipt of the notificati on, otherwise, the goods will be released into free 
circulation. 
 3  - Where the right holder requests the Customs De partment to take acti on under paragraph (1) of 
this article, he should be committed with the pro cedures prescribed by this Law and its regulations 
mutatis mutandis.   
 
Article (80): 
 
Where the Customs Department has suspended custom s clearance in accordance with Article (79) of 
this Law, it shall notify the importer and, where known, the right holder of the alleged infringement 
and of the suspension.  
 
Article (81): 
 
Without prejudice to the protection of confidential information, the Customs Department shall allow 
the right holder and the importer to examine the goods the clearance of which has been suspended, 
and to remove samples for examination, testing and analysis, in order to substantiate their respective 
claims.  
Article (82): 
 
1  - Where the customs clearance of goods has b een suspended by the Customs Department under 
article (79) of this Law, the Customs Department  shall inform the right holder of the names and 
addresses of the importer, consignor, and consigne e and of the quantity of the said goods, and any 
other information requested by the right holder.   2  - Upon request, the Customs Department shall also, without prejudice to the protection of 
confidential information, provide the right holder w ith copies of documents lodged in respect of such 
goods or with any information or documents relati ng to any previous importation of identical or 
similar goods in which the same importer, consignor or consignee were involved.  
  IP/N/1/OMN/I/2 
 Page 49 
 
 
  Article (83): 
 
The Court may order border measures to prevent th e importation of goods that infringe intellectual 
property rights, or which their production and/or marketing in Oman constitute an act of unfair 
competition, according to the provisions of this Law,  where the conditions set out in this Chapter are 
met.  
 
Article (84): 
 
The holder of an intellectual property right, who h as valid grounds for suspecting that the importation 
of goods that infringe his rights may take place, may f ile an application with the Court requesting it to 
order the Customs Department to susp end customs clearance of those goods. 
 
Article (85): 
 In accordance with the provisions of Article (84) of  this Law, and based on the request by the right 
holder,  the Court may issue a decision to suspend th e release into free circulation of goods alleged to 
be infringing goods may be rendered without giving the other party an opportunity of being heard.  In 
its decision, the Court shall specify the period for which the Customs Department will have to take 
action, immediately after being notified by the Court.  
The application to suspend the release of goods shall remain in force for a period of one year from the 
date of application, or the period that the good is protected by the relevant trademark registration, 
whichever is shorter.  
Article (86): 
 
The Court may order the applicant to pay the im porter, the consignee and the owner of the goods 
appropriate compensation for any injury caused to th em through the detention of goods in bad faith or 
through the detention of goods released by virtue of failure to initiate proceedings leading to a 
decision on the merits of the case in accordance with this Law. 
 Article (87): 
 
If, within a period of ten (10) working days after the applicant has been notified of the suspension of 
the release into free circulation, no proceedings leading to a decision on the merits of the case have been initiated by a party other than the defendant, the goods shall be released, provided that all other 
conditions for importation ha ve been complied with. 
 The Customs Department may, where it considers an  extension of the said period to be appropriate 
under the circumstances, extend the period of su spension by a period not exceeding another ten 
working days.  The Court may also extend the period by any period it considers reasonable under the circumstances. 
 
The right holder, the importer, or the consignee shall have the right to release the goods after sending a security, for an amount sufficient to protect the right holder, and when the period referred to, has 
elapsed without the Court ordering the release of  the goods, and he honored all other conditions of 
importation. 
 
Article (88): 
 
1  - If the proceedings referred to in the previous  article have been initiated, the Court or the 
Customs Department, whichever authority has take n the suspension decision, shall review, upon the IP/N/1/OMN/I/2 
Page 50  
 
  request of the defendant, the decision with the vi ew to determining whether the measures shall be 
modified, revoked or confirmed.    2  - Where the suspension of the release of goods  is continued in accordance with a provisional 
measure ordered by the Court, the period of furthe r suspension shall be determined by the Court. 
Where no such determination has been made, the sai d period shall not exceed twenty (20) working 
days or thirty one (31) calenda r days, whichever is the longer. 
 
Article (89): 
 It shall not be permitted to re-export the infri nging goods; or place them under a different customs 
procedures.  
Article (90): 
 Small quantities of goods of a non-commercial nature c ontained in the traveler's personal luggage or 
sent in small consignments may be excluded from the provisions of border measures.  
Article (91): 
 
The provisions on border measures cited in this La w shall apply to goods imported, exported, or in 
transit (under "Customs transit") or "transshipped." 
 
Article (92): 
 
Those concerned have the right to appeal before the competent Court agains t the decision by the 
Customs Administration on the suspension of release into free circulation of infringing goods, within 
sixty (60) days from the notification of the decision.   IP/N/1/OMN/I/2 
 Page 51 
 
 
  CHAPTER SIX 
 
CRIMINAL PENALTIES 
 
Article (93): 
 
Without prejudices to more severe punishment prescribed by this, or any other Law:  A  - Anyone who intentionally infringes, on a co mmercial scale, one of the industrial property 
rights shall be sentenced to imprisonment from a minimum of three months up to a maximum of  
three years as well as monetary fines from a minimum of Two Thousand Rials Omani up to a 
maximum of Ten Thousand Rials Omani, or either of the two punishments.  The minimum and/or 
maximum punishment shall be doubled when violation is repeated.  B  - Anyone of the rivals who violates an order i ssued by the Court regarding a procedures related 
to the enforcement of this Law sh all be sentenced to imprisonment from a minimum of seven day up 
to a maximum of one month as well as monetary fines from a minimum of One Hundred Rials Omani up to a maximum of One Thousand Rials Omani, or either of the two punishments.  C  - Anyone of the rivals, their Lawyers, Experts, or Judge Assistants who violates an order issued 
by the Court regarding the protection of confiden tial information submitted or exchanged during the 
proceedings, shall be sentenced to monetary fi nes from a minimum of One Hundred Rials Omani up 
to a maximum of One Thousand Rials Omani.  IP/N/1/OMN/I/2 
Page 52  
 
  PART V: 
 
FINAL AND TRANSITIONAL PROVISIONS 
 Article (94): 
 
1  - The Public Prosecution Office may initiate legal action ex officio with respect to the offenses 
described in this Law, without the need for a formal complaint by the right holder or his 
representative, or based on a request by the concerned governmental authority.  
2  -  Any change in the ownershi p of a right protected according to this Law, or in the ownership 
of an application therefor, shall be in writing and sh all be submitted to the Registrar to be recorded 
and published.  With regards to trad emarks, such change shall have no effect against third parties until 
such recording is effected.  
3  - Any change in the ownership of a trade name mu st be made with the transfer of the enterprise 
or part thereof identified by that  name and shall be in writing. 
 4  - A change in ownership of the registration of  a mark or a collective mark shall, however, be 
invalid if it is likely to deceive or cause confusion to the public.  
5  - Any license contract concerning a right pr otected in accordance with this Law shall be 
submitted to the Registrar who shall keep its conten ts confidential but shall record it and publish a 
reference thereto. Except as regards trademarks, the license contract shall have no effect against third 
parties until such recording is effected.  
6  - The Registrar shall refuse to record a contract  for the transfer of ownership (assignment) or a 
license contract when it decides that the contract concerning the right in question contains one or 
more clauses that are abusive or anti-competitive or in any manner restrain trade or are likely to have 
any of those effects.  The Registrar shall take a decision on the refusal to record a contract after hearing the allegations of 
the parties to the contract, if one or both so request.  Any of the parties or both may appeal from the 
Registrar's decision to the Court within sixty (6 0) days from the date on which the Parties were 
notified of the Registrar's decision to refuse to record the contract.  7  - A) Any limitations imposed on the assignee or the licensee that do not derive from the 
rights conferred by the registration of the licensed right, and that are not necessary for the safeguard 
of that right shall be deemed abusive or anti-competitive.  B) Notwithstanding the provisions of the previous  paragraph, the license contracts may provide 
for the following limitations:  
1- delimitation of the scope, geographical area and period of use; 
 2-  conditions required for the efficient c ontrol of the quality of goods and services, 
subject to the provisions of Article (45) of this Law;  
3-  obligation for the licensee to refrain from all acts that may cause damage to the 
reputation of the right owner or to the subject matter of the right. 
 8  - Where the right that is the subject of an assignment or a license contract is invalidated after the contract becomes effective, the contract w ill cease immediately to produce effects. The parties  IP/N/1/OMN/I/2 
 Page 53 
 
 
  may recover totally or partially any payments or other benefits paid under the contract, unless the 
favored party has benefited in good faith.  9  - In civil lawsuits pertaining to forging of  trademarks, the Public Prosecution shall assume the 
power of enforcement and seizure of goods suspect ed of infringement and all related materials and 
equipment, and documents proving the infringement." 
 
Article (95): 
 
1  -  Where an applicant's ordinary residence or principal place of business is outside Oman, he 
shall be represented by an attorney  resident and practicing in Oman.  That agent shall have a licence 
to practice intellectual property activity and empowered  to take any decisions in accordance with the 
provisions of this Law. The Regulations sh all set out the prescribed fees and conditions. 
 2  - Any interested person may act himself before the Registrar to take any decision related to any 
application that he files subject to the provisions of this Law. 
 3  -  Any fees prescribed under the provisions of this Law may be paid by any person.  
Article (96): 
 1  - The Registry shall maintain separate Regi sters for each of the Industrial Property rights 
referred to in this Law, as well as all changes e ffected. Collective marks and certification signs shall 
be registered in a special Register.  2  - Right holder may signal ownership of the subj ect of protection under the provisions of this 
Law, by means of particular signs. 
 3  - Any person may obtain access to the records a nd obtain an official abstract thereof following 
the payment of the fee determined by the bylaws and regulations.  
Article (97): 
 
1  - The Registrar may, subject to the provisions of  this Law, correct any none substantive error in 
any application or document filed with the Industria l Property Registry or in any recording effected 
pursuant to the provision of this Law. However, subs tantive errors that affect the rights conferred may 
only be modified by the competent Court. 
 
2  - If the Registrar deemed as necessary to correct  any of the errors referred to in the previous 
paragraph, he may, upon receivi ng a written request, extend the time  for executing any procedures, 
upon a written notice filed by the concerned parties.  
Article (98): 
 
Any interested person may appeal against any decisi ons taken by the Minister, the Registrar, or any 
other authority, regarding any of the Industrial pr operty rights, before the competent Court within 
sixty (60) days from the date he became aware of the decision.  IP/N/1/OMN/I/2 
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  Article (99): 
 
The publication of final judicial decisions and admi nistrative rulings of general application pertaining 
to the enforcement of industrial property rights shall be at the exigencies of public interest as defined 
by the regulations.  Posting these rulings in th e Internet shall be considered as publication. 
 
Article (100): 
 
1  - The enforcement of the provisions of this Law shall not violate or contradict with the 
provisions of any of the multilateral or bilateral intern ational treaties in respect of industrial property, 
that govern and regulate the rights of citizens of me mber state, and those equivalent, and to which 
Oman is a party, or shall be a party to.  2  - Unless otherwise provided, the provisions of this Law shall be effective as from the date established and apply to all applications that ar e pending, exclusive of application on which final 
decisions have been issued by the Registrar and which have already produced effect relating to 
pending applications, such as the final examin ation of applications, shall be maintained. 
 These provisions shall also apply to all Court decisi ons, either final or inte rlocutory, that have 
produced effects relating to pending in dustrial property rights applications. 
 
3  - Registered applications shall benefit fro m any right or privilege that arises from the 
enforcement of the provisions of this Law.  Those ap plications shall not be affected by a reduction or 
elimination of a right acquired prior to the enforcem ent of the provisions of this law, except for the 
provisions of enforcement as cited in this Law.  
4  - Where this Law provides for new systems of classification, existing registrations shall be 
reclassified only at the time of their renewal, if any. The procedures and the fees for the reclassification of existing registrations shall be established in the Regulations.    
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