OMAN CHAMBER OF COMMERCE & INDUSTRY

PROMULGATING THE LAW OF TRADE MARKS,

INDICATIONS & SECRETS
AND
PROTECTION FROM UNFAIR COMPETITION
1ST EDITION, JUNE, 2001

• Promulgating the Law of Trade Marks, Indications and Secrets

and Protection from Unfair Competition

• Promulgating the Law on the Protection of Geographical

Indications

• Promulgating the Law on the Protection of Industrial Designs

• Promulgating the Law on the protection of the Topographies

Rights of Integrated Circuits
 ROYAL DECREE NO. 38/_2000
Promulgating the Law of Trade Marks, Indications and
Secrets and Protection from Unfair Competition

We, Qaboos Bin Said, Sultan of Oman

After perusal of the Basic Law of the State promulgated by the

Royal Decree No. 101/96.

And the Law of Trade Marks and Indications promulgated by the

Royal Decree No. 68/87 and its amendments.

And in accordance with the public interest,

Have decreed as follows:

Article 1
The provisions of the attached Law of Trade Marks, Indications
and Protection from Unfair Competition shall take effect.

Article 2
The Minister of Commerce and Industry shall issue the regulations
and decisions necessary for the implementation of the provisions
of the present Law.

Article 3
The Royal Decree No. 68/87 mentioned above shall be cancelled.

Article 4
The Decree shall be published in the official Gazette and shall take
effect as from the date of its publication.

Qaboos Bin Said

Sultan of Oman

Issued on : 17 Safar, 1421 H.

21st May, 2000

Official Gazette No. 672

 LAW OF TRADE MARKS, INDICATIONS & SECRETS
AND
PROTECTION FROM UNFAIR COMPETITION

PART I
TRADE MARKS, REGISTRATION OF PROCEDURE

CHAPTER I
Trade Marks, Registration of Trade Marks

Article 1
A trade mark means any visible form capable of being
distinguished and consisting of words, signatures, personal names,
letters, numbers, logos, symbols, addresses, seals, engravings,
combinations of colours, figurative elements or any other sign or
combination of such elements, if it used or intended to be used to
distinguish goods, products or services as those of the owner of the
mark by reason of their manufacture, choice, sale or offering for
sale.

Article 2
The following signs shall not be considered trademarks and may
not be registered as such:

1. Signs devoid of any distinctive feature or consisting of generic

names of goods or products, or ordinary drawings, or images of
such goods or products.
2. Any expression, drawing or sign that is contrary to public order
or morality.
3. Signs that are identical to imitations of or containing as an
element, an armorial bearing flag or other emblem, a name or
abbreviation or initials of the name of, or official sign or hall
mark adopted by any State, inter-governmental organisation or
any organisation created by an international convention, unless
authorised by the competent authority of that State or
organisation.
4. Signs identical with or similar to symbols of merely religious
nature.
5. Signs likely to mislead the public or trade circles particularly as
to the geographical origin of the goods or services, or containing
false indications as to the origin, nature or other characteristics
of the products, and signs containing a fictional trade name.
6. Name, surname, picture or logo of a third party, unless with a
prior consent of use.
7. If the sign is identical with, or confusingly similar to, or
constitutes a translation of a mark or trade name well known in
Oman for identical or similar goods or services of another
enterprises, or if it is well known and registered in Oman for
goods or services which are not identical with or similar to those
in respect of which registration is applied for, provided that, in
the latter case, use of the mark in relation to those goods or
services would indicate a connection between those goods or
services and the owner of well known mark and that interests of
the owner of the well known mark are likely to be damaged by
such use.

8. If the sign is identical with a mark belonging to a different

owner and already on the register, or if an application has been
filed for the concerned mark with an earlier filing date or
priority date, in respect on the same goods or services or closely
related goods or services, or if it is so nearly similar as to be
likely to deceive or cause confusion.

Article 3
Any person who wishes to use a mark to distinguish goods
produced or chosen by the person, if such goods are sold or offered
for sale by that person or intended for such purposes, may apply
for the registration of that mark according to the provisions of this
Law.

Article 4
Any person who registered a trademark shall be considered the
sole owner of that mark, unless registered in bad faith. The
ownership of the mark may not be challenged if the person who
registered the mark uses the mark continuously at least for five
years from the date of registration, without being opposed as to the
validity of the mark.

CHAPTER II
Registration Procedure

Article 5
A register shall be established with the Department of Agencies
and Intellectual Property (“Department”) at the Ministry of
Commerce and Industry, which shall include recordings of all
trademarks, names and addresses of owners, descriptions of
related goods and any transmission, assignment or transfer. The
public shall have access to that register and may obtain certified
copies upon payment of the fees prescribed by the Regulations.

Article 6
The Head of the Department mentioned in the preceding Article
shall act as Registrar according to the following provisions.

Article 7
The application for the registration of the mark shall be filed with
the Department in accordance with the conditions and upon
payment of the fees, prescribed by the Regulations. The
application shall contain a representation of the mark and a list of
goods and services for which the registration of the mark is applied
for, arranged according to the applicable class or classes of the
International Classification.

The application may contain a declaration claiming the priority of

an earlier application filed by the applicant with a Member State of
the World Trade Organization or Paris Convention. Such
application shall have priority in accordance with the conditions
prescribed by the Regulations.

Article 8
If two or more persons simultaneously apply for the registration of
the same mark or closely related or similar marks for identical or
similar goods or services, all applications shall remain pending
with the Registrar until a certified assignment is made by the
parties to the conflict to one of them or a final decision is rendered
by the Commercial Court.

Article 9
The Registrar may apply the limitations or modifications he
considers necessary to identify the mark in such a manner as to
avoid any confusion with another mark that has been registered or
filed, or for any other reason he sees.

Article 10
If the Registrar rejects a trademark or makes the registration of the
mark subject to limitations or modifications, he shall inform the
applicant in writing of the reasons for taking such a decision.

Article 11
Any decision by the Registrar refusing registration or making it
subject to a condition may be opposed by the applicant before the
Commercial Court within thirty days from the date of notification
of the decision. The Court may confirm, cancel or modify the
decision. If, within the fixed period, the applicant fails to oppose
the decision and proceed with the modifications required by the
Registrar, the applicant shall be deemed to have abandoned the
application.

Article 12
If the Registrar accepts the trademark, he shall publish it by any
means of publication prescribed by the regulations. Any interested
person, within two months from the date of publication, shall give
notice to the Registrar in writing of opposition to the registration.
The Registrar shall notify the applicant by virtue of a copy of the
opposition. The applicant shall send to the Registrar a counter-
statement, within two months from notification. If the counter-
statement is not received within the indicated period, the applicant
shall be deemed to have abandoned the application.

Article 13
The Registrar shall decide on the opposition after hearing the
parties if so requested, and shall issue the decision accepting or
refusing the registration.

In the former case, he may decide whatever limitations he

considers necessary. Any interested person may oppose the
decision before the Commercial Court within thirty days from the
date he was notified. The Commercial Court may confirm, cancel
or modify the decision. Notwithstanding opposition, if the
Registrar finds that the opposition to registration is not based on
serious grounds, he may issue a decision to proceed with the
registration of the trademark, indicating the reasons for such a
decision.

Article 14
If the mark is registered, registration shall have effect from the
filing date of the application. Upon registration, a certificate shall
be granted to the owner of the mark, including:
i) the serial number of the mark;
ii) the filing date of the application and the registration date;
iii) the name, surname, domicile and nationality of the owner of
the mark;
iv) an authentic copy of the mark;
v) a list of the goods, products and services for which the mark
is intended.

Article 15
The owner of a registered mark may request from the Registrar to
make an addition to or modification of the mark, provided that
such addition or modification does not substantially affect the
original mark. A decision to that effect shall be issued by the
Register according to the terms relating to the initial applications
for registration. Such decision may be opposed by the same
means.

CHAPTER III
Renewal & Removal

Article 16
The term of protection resulting from the registration of the mark
shall be ten years. The right holder may secure the continuity of
such protection for similar periods by making a request for
renewal, within the last year and under the conditions prescribed
by the Regulations. Within the month following the expiration of
the term of protection, the Registrar shall send at the address of
the owner of the mark a written notification of the expiration of the
mark. If, within the six months following the expiration date, the
owner of the mark fails to make a request for renewal. The
Registrar shall remove the mark from the Register ex officio.

Article 17
Without prejudice to Article (4), the Registrar or an interested
person shall have the right to request removal of a mark that has
been unrightfully registered. The Registrar shall remove the
registration upon receipt of a final decision to that effect from the
Commercial Court.

Upon request from the Registrar or any interested person, the

Commercial Court may order the addition to the Registrar of any
omitted indication, or the deletion or modification of any
unrightfully recorded or false indication in the Register.

Article 18
Upon request from any interested person, the Commercial Court
may order the removal of the registration if it is proven that the
mark has not been used seriously for five consecutive years, unless
the owner of the mark shows grounds for not using the mark.

Article 19
The renewal of the registration shall be published in the manner
prescribed by the Regulations. Subject to the provisions of Articles
(16) and (24), the Registrar may publish an indication as to the
registration or removal of a mark or any modification of the
indications relating to a registered mark.

Article 20
If the registration of a mark is removed on the ground of non-
renewal, the mark may be re-registered for a third party in respect
of the same or similar products or services only after three years
from the date of removal.

Article 21
Unless otherwise agreed, the ownership of a trademark may be the
subject of a transfer, pawn or seizure only with the commercial
establishment or enterprise using the mark to distinguish its
products or services.

In all cases, the transfer or pawn of the ownership of a mark may

be invoked against third parties only after an indication to that
effect is made in the Register and the transfer or pawn is published
in the manner prescribed by the Regulations.

Article 22
Unless otherwise agreed, the transfer of the ownership of a
commercial establishment or an enterprise shall include marks
that are registered in the name of the transferor and can be
regarded as closely related to the commercial establishment or
enterprise.

Unless otherwise agreed, if the ownership of a commercial

establishment or an enterprise is transferred without the
ownership of the mark itself, the transferor may continue to
manufacture the same products or offer the same services for
which the mark was registered or trade in those products or
services.
CHAPTER IV
Contracts & Licenses

Article 23
The owner of a mark may grant any natural person or legal entity a
license to use the mark in respect of some or all the products or
services for which the mark is registered. The owner of the mark
shall have the right to grant third parties licenses for the use of the
same mark and to use the mark himself, unless otherwise agreed.
The duration of the license may not exceed the prescribed term of
protection.

The licensee shall have the rights deriving from the registration of
the mark.

Unless otherwise agreed, the licensee may not assign the license to
a third party or grant sub-licenses.

Article 24
The license contract shall indicate:

i) the scope and duration of the use of the mark;

ii) conditions required for the effective quality control of the
products or services;
iii) obligations imposed on the licensee to refrain from any act
that can cause prejudice to the trade mark;

The contract shall be made in writing and duly certified.

Article 25
The license shall be recorded in the Register and shall have effect
against third parties only upon such recordation and publication in
the manner prescribed by the Regulations.

Article 26
The recordation of a license shall be removed from the Register
upon request from the owner of the mark or licensee after filing
evidence of the termination or rescission of the contract.

The Registrar shall inform the other party of the request to remove
the license. He may, in this case, make an opposition according to
the provisions of the Regulations.
 PART II
TRADE INDICATIONS

Article 27
A trade indication means any clarification directly or indirectly
related to:

i) the number, quantity, dimension, measure, weight or

capacity of the goods;
ii) the region or country in which the goods were manufactured
or produced;
iii) the process used in the manufacture or production of the
goods;
iv) the elements of which the goods are composed;
v) the name or quality of the producer or manufacturer;
vi) any existing patents or other industrial property rights or any
other commercial or industrial privileges, awards or
distinctions;
vii) the name or form with some goods are usually identified or
evaluated.

Article 28
A trade indication shall be totally conform to reality, whether it
appears on the products, commercial establishments, storehouses,
addresses thereof, packages, lists, correspondence, advertisements
or any other means used to display the goods to the public.

Article 29
Unless in conjunction with a precise indication made in clear
characters of the country or region where the products were
manufactured or produced, the name or address of the seller may
not appear on products imported from a country other than that
where sale is to occur.

Persons residing in regions well known for the production or

manufacture of some products and trading in similar products
imported from other regions may not affix their marks on those
products if the marks are likely to mislead the public as to origin of
the products, even if the marks do not include the names or
addresses of those persons, unless measures to avoid any
confusion have been taken.
Article 30
A manufacturer may not use the name of a region in which he has a
main plant in respect of products he manufactures for his own
benefit in a different region, unless that name appears in
conjunction with an indication of the latter region in such a
manner as to avoid any confusion.
Article 31
Awards, medals, diplomas or any honorary degree may be
mentioned only in respect of products for which they apply and
persons to whom and businesses to which they were granted or to
successors in title, provided that a valid indication is made as to
the date, nature, exhibitions or competitions in which they were
granted.

Any person who participates with other persons in an exhibition of

his products may not use for his own products distinctions granted
to products jointly exhibited, unless the origin and nature of such
distinctions is clearly indicated.

Article 32
If the quantity, dimension, measure, capacity, weight, origin or
composing elements of a product a factor taken into account in the
estimation of the value of that product, the importation, sale or
offering for sale of that product may be prohibited by decision of
the Ministry of Commerce and Industry, unless the product bears
one or more of the said indications.

The manner in which the indications are to appear on the product

and, where impossible, the alternative procedure to be followed,
shall be fixed by decision of the Ministry of Commerce and
Industry, provided that such indications are in Arabic.
 PART III
PROTECTION FROM UNFAIR COMPETITION
PROTECTION OF TRADE SECRETS

Article 33
Any natural person or legal entity may not carry out acts of
competition contrary to honest practice in industry or trade,
including in particular:

i) acts of such a nature as to create confusion with an

establishment, good or service in the course of any industrial
or commercial activity;
ii) unjustified false allegations against any commercial or
industrial producer with the intention to damage or dilute his
goodwill or reputation;
iii) use, in the course of any industrial or commercial activity, of
indications or allegations that result in misleading the public
as to the characteristic features of the goods or services.

Article 34
Any natural person or legal entity may not disclose trade secrets in
his or its possession in a manner that is contrary to honest practice
in trade. A commercial or industrial activity shall be considered
secret if, due to its nature, it is not known, it draws its commercial
value from its confidentiality, reasonable measures have been
taken to maintain its confidentiality or its is not easily accessible to
an ordinary person having skill in the art.

Disclosure shall include making use of information, tests or other

secret information presented to the competent authorities in order
to obtain a marketing authorisation necessary for pharmaceuticals
and agricultural products containing new chemical material
provided that a tangible effort was furnished to obtain such
products.
 PART IV
SANCTIONS

Article 35
A punishment by imprisonment for a period not exceeding two
years and/or a fine not exceeding RO 2,000/- shall be applicable to
any person who:

i) counterfeits a mark registered under this Law, imitates such

a mark in a manner that is likely to mislead the public or uses
in bad faith a counterfeited or imitated mark;
ii) knowingly sells, offers for sale or circulation or possesses
with the intention to sell products bearing a counterfeited,
imitated or illicitly placed mark;
iii) uses in bad faith a mark identical with or similar to a well-
known mark, whether registered or not registered, in a
manner that is likely to mislead the public, provided that in
the case of a well-known mark that is not registered, goods or
services are identical or similar;
iv) contravenes in bad faith provisions on trade indications;
v) intentionally contravenes provisions on unfair competition
or protection of trade secrets.

Article 36
The owner of a mark may, at any time even before filing a
commercial or criminal action, request, by a petition accompanied
by an official certificate of the registration of the mark, that the
chief judge of the Commercial Court issues an order to take the
necessary conservative measures, particularly the seizure of
equipment and implements likely to be used or effectively used in
committing the offense. The same shall apply to products, goods,
titles, packages, papers or whatever bears the infringing mark or
indications.

Such seizure may be executed upon importation of the goods. The

order may include the designation of an expert or more to assist in
the seizure and require that the person making the request makes a
deposit.

Article 37
The seizure procedure provided for in the preceding Article shall
be considered invalid if it is not followed within eight days from the
date of execution of the seizure by an action for damages or the
date when the public Attorney was notified of the person against
whom the measures were be taken.

Article 38
In any commercial or criminal action, the competent Court may
decide to confiscate the material seized or to be seized to deduct its
value from damages or fines or dispose thereof in any other
manner considered convenient by the Court.

In addition, the court may decide the destruction of illegal marks

and, when necessary, products, packages, wrapping material, titles,
catalogues and other material bearing such marks or illegal
indications. It may also order the destruction of equipment and
implements particularly used in counterfeiting. Such orders may
be issued even in the case where a judgement of non-guilty is
rendered.

The Court may order the publication of the decision in the official
Gazette at the expense of the person against whom the decision
was pronounced.
 PART V
FINAL CLAUSES

Article 39
Natural persons or legal entities, whether or not in the industrial or
commercial sector, exercising control on given products or services
as to the origin, composition, manufacturing process, performance,
characteristics, nature of any other particulars of such products or
mark, where the Minister of Commerce and Industry finds that
such authorisation serves a public interest.

The registration of such a mark shall have all the effects provided
for in this Law.

However, the ownership of that mark may not be transferred

without a special authorisation from the Minister of Commerce
and Industry.

Article 40
The Regulations shall include provisions securing provisional
protection of marks affixed on product goods displayed in national
or international exhibitions organised in Oman or a country that
applies reciprocity to Oman. Such exhibitions shall be designated
by decision of the Minister of Commerce and Industry.

Article 41
Provisions of international bilateral or multilateral or conventions
regulating the rights of nationals of States party to such treaties
and conventions or persons assimilated to nationals as far as trade
marks and trade indications are concerned, to which Oman is or
may become party shall be applicable under this Law.

Article 42
Foreigners shall have the same rights as those of nationals of
Oman, provided that such foreigners are nationals of or residents
in countries that apply national treatment to nationals of Oman.

Article 43
The Regulations shall include detailed provisions for the
implementation of this Law and, in particular.

i) provisions regulating the procedure for the registration of

marks and maintenance of registers and archives;
ii) conditions and time limits related to the registration
procedure;
iii) classification of all products according to their nature or
species;
iv) fees payable for the delivery of copies or certificates, or
any other act provided for in this Law as part of the
implementation procedure of this Law.

Article 44
Staff members designated by decision of the Minister of
Commerce and Industry shall have the right to carry out
inspections and exercise control to verify the application of this
Law. Such staff members may take any of the measures
assigned to them by the Regulations.
 ROYAL DECREE NO. 40/2000
Promulgating the Law on the Protection of
Geographical Indications

We, Qaboos Bin Said, Sultan of Oman

After perusal of the Basic Law of the State promulgated by the

Royal Decree No. 101/96.

And in accordance with the public interest,

Have decreed as follows:

Article 1
The provisions of the attached Law on the Protection of
Geographical Indications shall take effect.

Article 2
The Minister of Commerce and Industry shall issue the
regulations and decisions necessary for the implementation of
the provisions of this Law.

Article 3
The Decree shall be published in the official Gazette and shall
come into force as from the date of its publication.

Qaboos Bin Said

Sultan of Oman

Issued on : 17 Safar 1421 H

21st May, 2000
Official Gazette No. 672
 LAW ON THE PROTECTION OF
GEOGRAPHICAL INDICATIONS

Article 1
For the pruposes of this Law, a geographical indication shall be
an indication which identifies a good as to its origin and
geographical environment in any country, region or locality,
including natural and/or human factors.

Article 2
Competent authorities, natural persons or any interest group of
producers or consumers of any natural, agricultural, industrial
or handicraft products having a distinctive characteristic or
reputation attributable to their geographical origin, and any
person trading in such articles shall have the right to enjoy
protection under this Law.

Article 3
a) A geographical indication shall benefit from the protection
granted under this Law whether it is registered or not.
Where registration is applied for, the geographical indication
shall be recorded in the Register of Geographical Indications
with the competent administration of the Ministry of
Commerce and Industry. The filing of the application,
examination, registration and publication procedures and
fees shall be prescribed by the Regulations.

b) Protection shall aply against geographical indications which,

although literally true as to the region, locality or origin of
the good, falsely represents to the public that the good
originates in another territory.

c) In the case of homonymous geographical indications,

protection shall be accorded to each indications, subject to
the provisions of paragraph (b). Where simultaneous use of
such indications is permitted, the Director of the competent
department of the Ministry of Commerce and Industry shall
determine the practical conditions under which the
indications will be differentiated from each other, taking into
account the need to ensure equitable treatment to the
producers concerned and that consumers are not misled.
d) Producers who carry out their activity in the geographical
region determined in the Register only shall have the right to
use the geographical indication registered in the trade field
with respect to the products mentioned in the Register,
provided that those products have the same quality,
reputation or other characteristics mentioned in the Register.

Article 4
The prescribed protection shall not extend to:

a) geographical indications excluded from the definition in

Article (1);
b) Geographical indications contrary to public order or
morality;
c) Geographical indications which are not or any more
protected or which are not used in the country of oigin.

Article 5
A good may not be designated or presented to the public in a
manner which suggests that it originats in a geographical area
other than the true place of origin, misleads the public or
constitutes an act of unfair competition, including the use of
false geographical indication with a mention of the true place of
origin of the good and the use of a geographical indication in
translation or accompanied by expressions such as kind, style or
imitation.

Article 6
Any interested person may, pursuant to Article (2), request that
an order be issued by the Chief Judge of the Commercial Court
or a Judge designated by him from that Court to take the
necessary conservative measures, including in particular,
seizure of goods, products, packages, papers or the same.

An action on the merits shall be filed with the competent

department of the Commercial Court within 15 days from the
date at which the order was issued, failure of which shall cause
the measures to cease to have effect.

Article 7
Any person shall have access to the Register provided for in
Article (3) of this Law and may obtain extracts from the Register
according to such conditions and against such fees as prescribed
by the Regulations.

Article 8
An applicant for registration may oppose a decision refusing the
application before a committee to be formed by decision of the
Minister. The procedure for such an appeal shall be determined
in the Regulations. The decision of the Committee may be the
subject of an appeal before the competent department of the
Commercial Court within 60 days from the date of notification
of the decision of the Committee by registered mail.

Article 9
Any concerned person may request from the competent of the
Commercial Court to cancel the registrtion of a geographical
indication if it is established that the indication as such is not
entitled to protection according to Article (4). The correction of
a geographical indication may be requested to make it conform
to the truth. Such procedure shall be determined by the
Regulations.

Article 10
Any earlier continuous use in Oman of a geographical indication
relative to a given country shall be deemed legal if effected in
good faith and for a sufficient period of time before the entry
into force of this Law. The same shall apply to trademarks
registered in good faith which are identical with or similar to a
geographical indication.

Article 11
Any person who intentionally commits any of the acts
mentioned in Article (5) of this Law shall be punishable by
imprisonment for a period not exceeding two years, a fine not
exceeding RO 2,000/- or both.
 ROYAL DECREE NO. 39/2000
Promulgating the Law on the Protection of
Industrial Designs

We, Qaboos Bin Said, Sultan of Oman

Having reviewed the Basic Law of the State promulgated by the

Royal Decree No. 101/96.

And the Royal Decree No. 63/98 on the Sultanate’s accession to

each of Paris Convention for the Protection of Industrial
Property and Berne Convention for the Protection of Literary
and Artistic Works.

And in pursuance of the public interest,

Have decreed as follows:

Article 1
The provisions of the attached Law on the Protection of
Industrial Designs shall take effect.

Article 2
The Minister of Commerce and Industry shall issue the
regulations and decisions necessary for the implementation of
the provisions of this Law.

Article 3
This Decree shall be published in the official Gazette and shall
come into force as from the date of its publication.

Qaboos Bin Said

Sultan of Oman

Issued on : 17 Safar 1421 H

21st May, 2000
Official Gazette No. 672
 LAW ON INDUSTRIAL DESIGNS

Article 1
For the pruposes of this Law, any composition of lines or
colours or any three dimensional form, whether or not associatd
with colours, shall be deemed to be an industrial design to be
used in industrial or handicraft production, including textile
designs, provided that such composition or form gives a special
appearance to the product or industry or handicraft.

Article 2
An industrial design shall be protected under this Law only
upon registration in the Industrial Design Register kept by the
competent department of the Ministry of Commerce and
Industry. The filing of the application, examination and
registration procedures shall be prescribed by the Regulations.
An appliction may contian more than one design, provided that
they form together a homogenous unit.

Article 3
The creaer of the industrial design or the successors in title shall
be deemed the right holders. Registration shall be considered a
presumption of ownership unless the contrary is established.
The registration application may contain a claim of priority for
an application that ws filed with a State party to the Paris
Convention or member of the World Trde Organization.

If two or more persons participate in the creation of an

industrial design, the right in the design shall belong to all of
them equally. If two or more persons create the same industrial
design separately from one other, the person who is first to file a
registration application may claim priority, unless the appliction
was assigned, withdrawn or refused. The creator shall be
mentioned as the right holder with respect to the said design,
unless a signed declaration expressing the wish not to be
mentioned as such is addressed to the competent authority.

Article 4
The following may not be registered as industrial designs:

a) an industrial design which lacks novelty or originality or

which was disclosed to the public in any country of the world
 by way of publication, use or in any other manner prior to the
filing date of theapplication or, if any, priority date of a
registration application;
b) an industrial design that is contrary to public order or
morality.

Article 5
The applicant shall have the right to appeal against the decision
refusing registration. The appeal shall be filed with a committee
to be established by decision of the Minister. The rules of
procedure of the committee shall be fixed in the Regulations.
The decision of the committee may be the subject of an appeal
before the competent court within 60 days from the date of
notification of the decision of the Committee by registeed mail.

Article 6
If the industrial design is made in execution of an employment
contract, the right shall belong to the employer, unless
otherwise agreed.

Article 7
Any act related to the transfer of ownership of the design or
decision as to the use of that design shall have effect only if the
design is registered in the Register provided for in Article (2).

Article 8
The right holder in an industrial design may request the
deferment of the publication for a period not exceeding 12
months from the priority date, in which case, deferment shall be
mentioned in the Register with the name of the applicant and
the filing date of the application.

Article 9
The term of protection afforded to industrial designs shall be 10
years from the filing date of the application. Such term may be
renewed for the same period of time, failure of which shall cause
the registration to be cancelled by the competent authority of
the Ministry. The application for renewal shall be filed within
the last six months of the initial term. The registration and
renewal fees shall be fixed in the Regulations. The registration
and renewal decisions shall be published in the manner
prescribed by the Regulations.
Article 10
Any interested person may request from the competent Court
the cancellation of the registration of an industrial design if the
registration was effected in the name of a person other than the
true owner of the design or in contradiction with the provisions
of Articles (1) and (2).

The Registrar shall proceed with the cancellation of the

registration upon receipt of a final decision to that effect.

Article 11
Any person may consult the Register and obtain extracts
therefrom according to the conditions and upon payment of the
fees prescribed by the Regulations.

Article 12
Any person who carries out any of the following acts shall be
punishable by imprisonment for a period not exceeding two
years,a fine not exceeding RO 2,000/- or both.

a) imitates an industrial design registered under this Law;

b) knowingly sells, offers for sale, imports or possesses with the
inention to sell products embodying an industrial design
registered in Oman;
c) illicitly affixes on products, advertisements, trade marks,
containers orother objects, indications that may lead to
believe that the object is a registered industrial design.

Article 13
The right holder in an industrial design may request from the
Chief Judge of the competent Court or any Judge designated by
him from that Court to issue an order to take the necessary
conservative measures, such as preventing third parties from
manufacturing, selling or importing for commercial purposes
goods which embody, wholly or partly, a protected industrial
design, and seizing used equipment or implements. The same
shall apply to products, goods, packages, papers or others.

An action on the merits shall be filed with the competent Court

within 15 days from the date at which the order was issued,
failure of which shall cause the measures to cease to have effect.
 ROYAL DECREE NO. 41/2000
Promulgating the Law on the Protection of the
Topographies Rights of Integrated Circuits

We, Qaboos Bin Said, Sultan of Oman

After perusal of the Basic Law of the State promulgated by the

Royal Decree No. 101/96.

And in pursuance of the public interest,

Have decreed as follows:

Article 1
The provisions of the attached Law on the Protection of the
Topographies Rights of Integrated Circuits shall take effect.

Article 2
The Minister of Commerce and Industry shall issue the
regulations and decisions necessary for the implementation of
this Law.

Article 3
This Decree shall be published in the official Gazette and shall
come into force as from the date of its publication.

Qaboos Bin Said

Sultan of Oman

Issued on : 17 Safar 1421 H

21st May, 2000
Official Gazette No. 672
 LAW ON THE PROTECTION OF
LAY OUT DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS

Article 1
For the purpose of this Law, and integrated circuit means a
product, in its final form or an intermediary form, which
consists of interconnections or elements at least one of which is
active and which is intended to perform an electronic function.

A lay out design – which is a synonym of “Topography” - means

any three dimensional disposition of interconnections or
elements at lest one of which is ctive, which is intended for
manufacture.

Article 2
The creator, whether a natural person or legal entity, of an
original lay out design shall be the right holder in that lay out
design. The creator and the sucessors in title shall enjoy
protection afforded by this Law upon registration of the lay out
design in a special register established to that effect with the
competent authority of the Ministry of Commerce and Industry.
The procedures for filling, examining and registering the
application shall be prescribed by the Regulations. Reistration
shall be considered a presumption of ownership unless the
contrary is established. Where more than one person
participated in the creation of a lay out design, the right in that
lay out design shall belong to them equally.

Article 3
Any interested person may oppose a decision refusing
registrtion within 30 days from notification before a Committee
to be formed by decision of the Minister. The rules of procedure
of the Committee shall be determined in the Regulations. The
decision of the Committee may be the subject of an appeal
before the competent department of the Commercial Court
within 60 days from the date of notification of the decision of
the Committee by registered mail.

Article 4
The holder of the lay out design shall have alone the right to
exploit commercially the lay out design. No other person shall
have the right to import, reproduce, sell or distribute any
protected lay out design, unless having obtained a written
authorisation from the holder of the right to explore the lay out
design commercially or the successors in litte.

Article 5
A lay out design that has been commercially exploited in any
place in the world for a period exceeding two years may not be
registered.

Article 6
If a lay out design is made during the execution of an
employment contract, the right in the lay out design shall
belong to the employer, unless otherwise agreed.

Article 7
The term of protection of a lay out design shall be 10 years from
the filing date of the application for registration.

Article 8
The following uses of a lay out design shall be allowed even
without the authorisation of the right holder:

a) If the person did not know or had no reasonable ground to

know that the good incorproates lay out design unlawfully
reproduced, in which case, the stock at hand ordered before
notification shall be disposed of against an adequate
compensation to the paid to the right holder.

b) Use of the lay out design for privat, personal, nonc-

ommercial use.

c) Where so required for public interest, use of the lay out

design for non-commercial purpose in evaluation, analysis,
research or teaching; the authorisation and conditions of use
shall be established by decision of the Minister.

Article 9
The right holder may request from the Chief Judge of the
Commercial Court or a Judge designated by him from that
Court to issue an order to take the necessary conservative
measures, particularly the seizure of implements used. The
same shall apply toproducts, goods or others.
An action on the merits shall be filed with the competent
department within 15 days from the date at which the order was
issued, failure of which shall cause the mesures to cease to have
effect.

Article 10
Any interested person may request from the competent
department of the Commercial Court to cancel, wholly or partly,
a registration contrary to the provision of this Law. The
competent department shall proceed with the cancellation upon
receipt of a final decision to that efffect.

Article 11
Any person who carries out any of the following acts shall be
punishable by imprisonment for a period not exceeding two
years, a fine not exceeding RO 2,000/- or both.

a) reproduces a lay out design protected under this Law without

the authorisation of the right holder;
b) imports, sells or distributes a registered lay out design or
product incorporating an integrated circuit without the
authorisation of the right holder.
_