TITLE I: TECHNICAL CREATIONS

PART I: PATENTS

Section 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 under Section 1;

(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 territory of Oman of the commercial exploitation of which is necessary to protect ordre public and morality; such exclusion shall not be made merely because the exploitation of those inventions is prohibited by law.

(2) The provisions of subsection (1) shall not apply to the following inventions:

(a) Process inventions which, in whole or in part, consist of steps that are performed by a computer and are directed by a computer program; and

(b) Product inventions consisting of elements of a computer-implemented invention, including in particular:

(i) Machine-readable computer program code stored on a tangible medium such as a floppy disk, computer hard drive or computer memory; and

(ii) a general purpose computer whose novelty over the prior art arises primarily due to its combination with a specific computer program.

Section 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 appropriate, the priority date, of the application claiming the invention.

For the purposes of Subsection (2)(b), disclosure to the public of the invention shall not be taken into consideration if it occurred within twelve months preceding the filing date or, where applicable, the priority date of the application, and if it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title. It shall be understood that disclosure derived from the applicant or his predecessor in title is comprised by this paragraph.

(2) An invention shall be considered as involving an inventive step if, having regard to the differences and similarities between the claimed invention and the prior art as defined in subsection (2)(b), the claimed invention as a whole would not have been obvious to a person skilled in the art at the filing date or, if applicable, at priority date of the claimed invention.

(3) An invention shall be considered industrially applicable if it can be made or used in any kind of industry or if it has specific, substantial and credible utility. The term “industry” shall be understood in its broadest sense, as any human economic activity leading to the production of goods and services; it shall cover, in particular, handicraft, agriculture, fishery and services.

Section 4

(1) The right to a patent shall belong to the inventor. The right to a patent 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 persons have made the same invention 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. In order to establish the right of preference the Registrar shall take into account the matter claimed in the applications.

(5) 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 and the reasonable expectations of gain that the employer had from his employee’s inventive output at the time he hired him, the employee shall be entitled to an equitable remuneration.

(6) Where an invention is made by an employee 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.

(c) The obligation to pay the remuneration arises 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 and in other countries or territories does not exempt him from paying the remuneration.

(d) 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 patent application within one year from the date on which the employee communicated him the invention, the employee shall have the right to the patent, including the right to assign that right to any interested party and to license of transfer the patent, if granted., The exploitation, industrial or commercial, of the 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 application 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 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 be named as such in the patent, unless in a special written declaration signed by him and addressed to the Registrar 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) This Section shall apply to public civil servants as well as to persons whose services are hired in accordance with the Civil Code.

Section 5

(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) (a) The request shall contain a petition to the effect that a patent be granted, the name of and other prescribed data concerning the applicant, the inventor and the agent, if any, and the title of the invention.

(b) Where the applicant is not the inventor, 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 for the invention to be carried out by a person having ordinary skill in the art.

(d) As regards patent applications concerning micro-organisms, the Registrar shall consider the requirements of paragraph (a) of this Subsection complied with when the applicant, together with the application, submits a declaration that the micro-organism or micro-organisms to which the application relates has (have) been deposited with an international depositary authority, in accordance with the Budapest Treaty and its Regulations. The Registrar shall recognize the deposit and its date of the deposit as indicated by the international depositary authority, provided that the applicant provides him with a copy of the receipt of the deposit issued by the international depositary authority.

(e) The description of plant varieties shall be deemed sufficient when they are as complete as is reasonably possible.

(4) 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.

(5)a The applicant may withdraw the application at any time during its pendency.

Section 6

(1) The application shall relate to one invention 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 as published in accordance with Section 9(4).

(3) (a) The applicant may, up to the time when the application is in order for grant, divide the application into two or more applications (“divisional applications”), provided that each divisional application shall not go beyond the matter disclosed in the initial application.

(b) Each divisional application shall be entitled to the filing date and, where applicable, the priority date of the initial application.

(4) The fact that a patent has been granted on an application that did not comply with the requirement of unity of invention under subsection (1) shall not be a ground for the invalidation of the patent.

Section 7

(1) (a) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, of one or more earlier national or regional 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. Consequently, the filing in Oman of that application before the expiration of the periods referred to in paragraph (b) of this subsection 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.

(b) The period of priority under subsection (a) is of twelve (12) months and shall be counted in accordance with the provisions of Article 4 of the Paris Convention.

(2) Where the application contains a declaration under subsection (1), the Registrar may request that the applicant furnish, within the prescribed time limit, a copy of the earlier application certified as correct by the Industrial Property Office with which it was filed.

(3) If the Registrar finds that the requirements under this Section and the Regulations pertaining thereto have not been fulfilled, the said declaration shall be considered not to have been made.

Section 8

The applicant shall, at the request of the Registrar, furnish him with the date and number of any application for a patent filed by him or by his predecessor abroad (“foreign application”) relating to the same or essentially the same invention as that claimed in the application filed in Oman :

(1) The applicant shall, at the request of the Registrar, furnish him with the following documents relating to one of the foreign applications referred to in subsection (1):

(2) a copy of any communication received by the applicant concerning the results 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 foreign application or refusing the grant requested in the foreign application.

(5) The applicant shall, at the request of the Registrar, furnish him with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in paragraph (a) of this subsection.

Section 9

(1) (a) 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 all of the following elements:

(i) an express or implicit indication to the effect that the elements are intended to be an application;

(ii) indications allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office;

(iii) a part which, on the face of it, appears to be a description of an invention.

(b) A reference, made upon the filing of the application, in Arabic, to a previously filed application shall, for the purposes of the filing date of the application, replace the description of the invention referred to in proviso (iii) of paragraph (a) and, if drawings are included in the referenced application, shall also replace any drawings.

(c) The elements referred to in provisos (i) and (ii) of paragraph (a) must be submitted in Arabic. The element referred to in proviso (iii) of paragraph (a) may, for the purposes of the filing date, be filed in any language.

(d) If the Registrar finds that the application did not, at the time of receipt, fulfill the requirements referred to in paragraph (a), he shall invite the applicant to file the required correction and shall accord as the filing date the date of receipt of the required correction, unless paragraph (b) applies, but if no correction is made, the application shall be treated as if it had not been filed.

(2) (a) 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. If the applicant complies with the said invitation, the Registrar shall accord as the filing date the date of receipt of the missing drawings. Otherwise, the Registrar shall accord as the filing date the date of receipt of the application and shall treat any reference to the said drawings as non-existent.

(b) 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. If the applicant complies with the said invitation, the Registrar shall accord as the filing date the date of receipt of the missing part, unless paragraph (b) of subsection (1) applies. 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 having the invention classified according to the International Classification, the Registrar shall examine whether the application complies with the requirements of Section 5 and the Regulations pertaining thereto as well as with other requirements which are designated by the Regulations as formal requirements for the purposes of this Act and whether information requested under Section 8, if any, has been provided.

(4) (a) Immediately after eighteen months from the filing date, the Registrar shall open the patent application for public inspection. Public notice of that act shall be given by means of the publication in the Official Gazette of the following elements:

(i) the number and the filing date of the application;

(ii) the title of the invention;

(iii) the name of the applicant(s) and of the inventor(s);

(iv) the priority date(s);

(v) the international classification;

(vi) one drawing, if any, that depicts the main element(s) of the invention;

(vii) the abstract.

(b) The fee corresponding to the filing of the application shall be in an adequate amount to cover the costs of the publication of the notice of the laying open of the application for public inspection.

(c) Any interested person shall receive a copy of the full contents of patent applications opened for public inspection, provided the prescribed fees are paid.

(d) The Registrar shall not give access to or information about the contents of the patent application to third persons until the notice mentioned in paragraph (a) of this subsection is published.

(e) 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 notice mentioned in paragraph

(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 Sections 2, 3 and 5(3)(a) and 5(3)(b). The request shall 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 refers 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 any interested party may file with the Registrar information relevant to patentability as well as relevant evidence.

(6) For the purposes of the examination of the patent application under subsection (5), the Registrar shall take into account

(a) the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application; and/or

(b) a search and examination report submitted under Section 8(2)(a)(i) relating to, or a final decision submitted under Section 8(2)(a)(iii) on the refusal to grant a patent on, a corresponding foreign application; and or/

(c) a search and examination report which was carried out upon his request by an external search and examination authority or by a specialized agency of the Government of Oman.

Section 10

(1) Where the Registrar is of the opinion that the application complies with the conditions of Sections 2, 3, 5(3)(a) and 5(3)(b) and the Regulations pertaining thereto he shall grant a patent. Otherwise, he shall refuse the application and notify the applicant.

(2) When he grants a patent, the Registrar shall:

(a) publish a reference to the grant of the patent;

(b) issue to the applicant a certificate of the grant of the patent and a copy of 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 owner 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 patent going beyond the matter claimed in the initial application on the basis of which the patent was granted, otherwise it shall be without effect.

Section 11

(1) A patent shall confer on its owner the right to prevent third parties from exploiting the patented invention in Oman. The right of the patent owner is defined by the claims.

(2) For the purposes of this Act, “exploiting” a patented invention means any of the following acts:

(a) when the patent has been granted in respect of a product:

(i) making, importing, offering for sale, selling and using the product;

(ii) 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:

(i) using the process;

(ii) doing any of the acts referred to in paragraph (a) in respect of a product obtained directly by means of the process;

(i) producing or reproducing (multiplying);

(ii) conditioning for the purpose of propagation;

(iii) offering for sale;

(iv) selling or other marketing;

(v) exporting;

(vi) importing;

(vii) stocking for any of the purposes mentioned in (i) to (vi), above;

(d) The provisions of paragraph (c) shall also apply in relation to

(i) varieties which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety,

(ii) varieties which are not clearly distinguishable from the protected variety and

(iii) varieties whose production requires the repeated use of the protected variety.

(iv) a variety shall be deemed to be essentially derived from another variety (“the initial variety”) when :

- 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;

- it is clearly distinguishable from the initial variety; and

- 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, subject to subsection (4) hereof and Section 13, and in accordance with the provisions of Title IV, to institute court proceedings against any person who infringes the patent by performing, without his agreement, any of the acts referred to in Subsection (2) or who performs acts which make it likely that infringement will occur.

(4) (a) The rights under the patent shall not extend:

(i) 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, consequently exhausting the patent owner’s rights; or

(ii) 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

(iii) to acts done only for experimental purposes relating to a patented invention; or

(iv) to acts performed by any person who in good faith, before the filing or, where priority is claimed, the priority date of the application on which the patent is granted, was using the invention or was making effective and serious preparations for such use in Oman (the “prior user”);

(v) to the acts of making, constructing, using, or selling the patented invention solely for uses reasonably related to the development 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 purposes related to generating such information, and that the product shall only be exported outside Oman for purposes of meeting marketing approval requirements of Oman.

(b) With respect of patents granted for plants and plant varieties, the rights under those patents shall not extend to:

(i) acts done privately and for non-commercial purposes;

(ii) acts done for experimental purposes; and

(iii) acts done for the purpose of breeding other varieties, including essentially derived varieties;

(iv) within reasonable limits and subject to the safeguarding of the legitimate interests of the patent owner, any acts practiced by farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the patented variety or an essentially derived variety.

(5) Without prejudice to the provisions of subsection 4(a) of this Section, the Minister shall have the authority, ex officio or at the request of any interested party, of declaring the patent rights exhausted, and thus of authorizing others to import the patented product or a product manufactured directly or indirectly by means of the patented invention (“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:

(i) 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

(ii) 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:

(a) If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the patent rights exhausted, the Minister shall, ex officio, or at the request of the patent owner, cancel the authorization.

(b) If the conditions that gave rise to the Minister’s decision to consider the patent exhausted cease to exist, the Minister may, ex officio or at the request of the patent owner, cancel the authorization, 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.

(6) The right of the prior user referred to in subsection (4)(a)(iv) of this Section 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.

Section 12

(1) (a) Subject to Subsection (2), a patent shall 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, 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. Extensions shall be granted upon request by the patent owner and the payment of the prescribed fee. No extension longer than five (5) years beyond the normal expiry date shall be granted. Periods attributable to actions of the patent applicant shall not be included in the determination of such delays.

(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 approval 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 marketing approval, provided that the delay is not attributable to actions of the patent applicant or patent owner.

(2) In order to maintain the patent or patent application, a progressively increasing annual fee shall be paid in advance to the Registrar 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. If an annual fee is not paid in accordance with the provisions of this subsection, the patent application shall be deemed to have been withdrawn or the patent shall lapse. The Registrar may restore the lapsed patent at any time 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.

Section 13

(1) (a) Where

(i) the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy so requires; or

(ii) 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 in accordance with this subsection would remedy such practice; or

(iii) 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; or

(iv) the invention is not available in sufficient quantities or quality or at predetermined reasonable prices in Oman, either through manufacture in Oman or through importation; or

(v) when a patent (the “second patent”) claiming an invention that involves an important technical advance of considerable economic significance in relation to an invention claimed in a patent (the “first patent”) without infringing which the second patent cannot be exploited.

(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)(iv), before the expiration of a period of four years from the date of filing of the patent application or three years from the date of the grant of the patent, whichever periods expires last; it shall be refused if the patentee justifies his inaction or insufficient action by legitimate reasons.

(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 Minister may, after hearing the parties, if either or both wish to be heard, vary the terms of the decision 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 the 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 Government agency or third person designated by him has failed to comply with the terms of the decision.

(b) Notwithstanding paragraph (a), the Minister shall not terminate the compulsory license if he is satisfied that the need for adequate protection of the legitimate interests of the Government agency or third person designated by him justifies the maintenance of the decision or, if the compulsory license was granted to remedy an anti-competitive practice under subsection (1)(a)(ii), if and when the conditions which led to such compulsory license are likely to recur.

(5) The compulsory license may only be transferred with the enterprise or business of that person or with the part of the enterprise or business within which the patented invention is being exploited.

(6) The compulsory license shall always be non-exclusive. Therefore, it shall not exclude:

(i) the exploitation of the invention by the patent owner himself, either through manufacture in Oman or through importation or both; and

(ii) the conclusion of license contracts by the owner of the patent; and

(ii) the continued exercise, by the owner of the patent, of his rights under Section 11(1), (2) and (3).

(7) (a) A request for the compulsory license shall be addressed to the Minister. It shall be accompanied by evidence that the owner of the patent 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 and conditions and within a reasonable time. Unless the particular circumstances of the case show otherwise, a period of up to a maximum of six months between the date on which the patent owner was informed by the proponent of the request and the proposed conditions for a voluntary license and the date on which the proponent of the voluntary license was informed by the patent owner on his final decision to refuse the proposal shall be deemed a reasonable time.

(b) Evidence concerning a previous attempt of obtaining a voluntary license, under paragraph (a), shall not be required in cases of national 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 notified of the Minister's decision as soon as reasonably practicable.

(8) The exploitation of the invention by the Government agency or third person licensed by the Minister shall be predominantly for the supply of the market in Oman except when the compulsory license concerns a patent claiming a pharmaceutical product or a process of making a pharmaceutical product, and the purpose of the license is to export the patented products or the products manufactured by the patented process for a foreign territory or country with no or with insufficient manufacturing capacity, in accordance with the terms and conditions of the Decision of the General Council of the WTO of August 30, 2003.

(9) Compulsory licenses of inventions in the field of semi-conductor technology shall only be granted for public non-commercial use or where a judicial or administrative body has determined that the manner of exploitation of the patented inventions, by the owner of the patents or his licensees, is 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)(v),

(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 Section shall apply, where appropriate and mutatis mutandis, to pending patent applications, except in the case of insufficient availability of the patented product or of the product manufactured with the patented process.

Section 14

(1) Any interested person may request the Court to invalidate a patent.

(2) The Court shall have the authority to invalidate the patent if the person requesting the invalidation proves that any of the requirements of Sections 2, 3, 4 and 5(3)(a) and (b), is 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 inequitable conduct during the procurement of the patent letter. For the purposes of this Subsection, inequitable conduct is an act or 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 requirements shall not be ground for the invalidation of the patent unless the non-compliance in question 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 or part of a claim, shall be regarded 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 over the right to the patent, the interested person may ask the Court to transfer the title to him instead of invalidating it.

(7) The final decision of the Court shall be notified to the Registrar who shall record it and publish a reference thereto according to the Regulations.

PART II: UTILITY MODEL CERTIFICATES

Section 15

Without prejudice to the following provisions, the provisions of Part I of Title I as well as other provisions that apply to patents and patent applications 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 similarities 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 shall 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 limited to the compliance, mutatis mutandis, of the provisions of Sections 5 and 9 as well as those of this Section.

Section 16

(1) The owner of the certificate shall, in addition to any other rights, remedies or actions available to him, have the right, to institute court proceedings, in accordance with Title IV, against any person who infringes the certificate by performing, without his agreement, any of the acts referred to in Section 11(2)(a) or who performs acts which make it likely that infringement will occur.

(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.

Section 17

Subject to Section 12(2), a certificate shall expire 10 years after the filing date of the application for the certificate.

Section 18

(1) (a) At any time before the examination of a patent application under Section 9(5) 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 utility 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 industrial designs certificate application, which shall be accorded the filing date of the initial application.

(2) An application shall not be converted under Subsection (1) more than once.

PART III: INDUSTRIAL DESIGNS

Section 19

The protection under this Part does not extend to anything in an industrial design which serves solely to obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance.

Section 20

(1) An industrial design is registrable if it is new.

(2) An industrial design shall be new if it does 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 applicable, the priority date of the application for registration (“known designs”) or from combinations of features of known designs.

(3) Sections 3(2)(c) and 7 shall apply mutatis mutandis to industrial designs, except that the period determined in Section 7(1)(b) shall be of six months. Consequently, the filing of the application in Oman before the expiration of the period referred to above shall 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 or any right of personal possession.

(4) Industrial designs that are contrary to public order or morality shall not be registrable.

Section 21

Section 4 shall apply mutatis mutandis to industrial designs.

Section 22

(1) The application for registration of an industrial design shall be filed with the Registrar and shall contain a request, drawings, photographs or other 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-dimensional. The application shall be subject to the payment of the prescribed application fee.

(2) Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant's right to the registration of the industrial design.

(3) Two (2) or more, up to a maximum of one hundred (100), industrial designs may be the subject of the same application, provided they relate to the 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 for 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.

Section 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 representation of the article embodying the industrial design. Section 9(1)(c) shall apply mutatis mutandis.

(2) (a) Where the Registrar finds that the conditions referred to in Subsection (2) hereof 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 registration and issue to the applicant a certificate of registration of the industrial design; otherwise, he shall refuse the application.

(b) Within ninety (90) days from the publication of the notice referred to in paragraph (a) of this Subsection, the applicant shall pay the prescribed fee, which shall be prescribed in a manner as to cover the 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 days if he is satisfied that the applicant was able to justify the failure to pay the fee timely. Otherwise, the applicant shall be cancelled by the Registrar. There shall be no restoration of cancelled designs.

(3) (a) Notwithstanding Subsection (3), where a request has been made under Section 23(4) for deferment of publication, upon registration of the industrial design, neither the representation of the design 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 information 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.

(b) The institution of legal proceedings on the basis 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 application has been communicated to the person against whom the action is brought.

Section 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) Section 11(4)(a)(i) and (5) shall apply mutatis mutandis to registered industrial designs.

(3) In accordance with Title IV, the registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, 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 performs acts which make it likely that infringement will occur.

(4) The registration of an industrial design shall be for a period of five years from the filing date of the application for registration. If the owner so requests, according to the Regulations, and upon the payment of the prescribed fee, the registration shall be renewed for two further consecutive periods of five years. A period of grace of six months 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.

Section 25

The provisions of Section 13 shall apply for mutatis mutandis to industrial designs.

Section 26

The provisions of Section 14 shall apply mutatis mutandis to industrial designs.

PART IV: LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS

Section 27

(1) Protection under this Part may be obtained for layout-designs of integrated circuits if and to the extent that they are original and has not yet been commercially exploited, or has been commercially exploited for not more than two years, anywhere in the world.

(2) A layout-design shall be considered 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 combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, is original within the meaning of subsection (1).

Section 28

(1) The right to layout-design protection shall belong 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) Section 4 shall apply, mutatis mutandis, to layout-designs.

Section 29

(1) Protection under this Act shall not depend upon whether or not the integrated circuit which incorporates the protected layout-design is itself incorporated in an article. Subject to subsection (2), the protection shall have the effect that the following acts shall be unlawful if performed without the authorization of the right holder:

(i) 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 Section 29;

(ii) importing, selling or otherwise distributing for commercial purposes the protected layout-design, an integrated circuit in which the protected layout-design is incorporated or an article incorporating such an integrated circuit in so far as it continues to contain an unlawfully reproduced layout-design.

(2) The effect of protection of a layout-design under this Act shall not extend to:

(i) reproduction of the protected layout-design for private purposes or for the sole purpose of evaluation, analysis, research or teaching; or

(ii) the incorporation in an integrated circuit of a layout-design created on the basis of such analysis or evaluation and which is itself original in the meaning of Section 37 or the performance of any of the acts referred to in subsection (1) in respect of that layout-design; or

(iii) the performance of any of the acts referred to in subsection (1)(ii) where the act is performed in respect of a protected layout-design, or in respect of an integrated circuit in which such a layout-design is incorporated, that has been put on the market in Oman by, or with the consent of, the right holder, and consequently exhausting the rights of the right holder; or

(iv) the performance of any of the acts referred to in subsection (1)(ii) in respect of an integrated circuit incorporating an unlawfully reproduced layout-design or any article incorporating such an integrated circuit where the person performing or ordering such an act did not know and had no reasonable ground to know, when acquiring the integrated circuit or the article incorporating such an integrated circuit, 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 and shall be liable to pay to the right holder a sum equivalent to a reasonable royalty such as would be payable under a freely negotiated license in respect of such a layout-design; or

(v) the performance of any of the acts referred to in Subsection (1)(ii) where the act is performed in respect of an identical layout-design which is original and has been created independently by a third party.

Section 30

(1) Without prejudice to the provisions of Subsection 2(iii) of this Section, the Minister shall have the authority, ex officio or at the request of any interested party, of declaring the layout-design certificate rights exhausted, and thus of authorizing others to import the acquiring the registered integrated circuit or the article incorporating such an integrated 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:

(i) 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-design certificate or with his consent; and

(ii) 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 or by a person under his control.

(2) the Minister shall, ex officio, or at the request of the right holder, cancel the authorization.

( a )If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the right holder’s rights exhausted,

( b ) If the conditions that gave rise to the Minister’s decision to consider the right holder’s rights exhausted cease to exist, the Minister may, ex officio or at the request of the right holder, cancel the authorization, 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.

Section 31

Protection of a layout-design under this Act shall commence:

(1) on the date of the first commercial exploitation, anywhere in the world, of the layout-design by, or with the consent of, the right holder, provided an application for protection is filed by the right holder with the Registrar’s Office within the time limit referred to in Section 28(2), or

(2) on the filing date accorded to the application 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.

Section 32

(1) Applications for the registration of layout-designs shall be in writing and shall be filed with the Registrar’s Office. A separate application shall be filed for each layout-design. The application shall:

(i) contain a request for registration of the layout-design in the Register of Layout-Designs and a brief and precise designation thereof;

(ii) indicate the name, address, nationality and, if different from the address, the habitual residence of the applicant;

(iii) be accompanied by the power of attorney appointing the representative of the applicant, if any, and by a copy or drawing of the layout-design along with information defining the electronic function which the integrated circuit is intended to perform; however, the application may omit such parts of the copy or drawing that relate to the manner of manufacture of the integrated circuit, provided that the parts submitted are sufficient to allow the identification of the layout-design;

(iv) specify the date of first commercial exploitation of the layout-design anywhere in the world or indicate that such exploitation has not commenced; and

(v) provide particulars establishing the right to protection under Section 30.

(2) Where the application does not duly comply with the requirements of subsection (2), the Registrar shall notify the applicant of the defects and invite him to correct them within two (2) months. If the defects are corrected within the time limit, the Registrar shall accord as the filing date the date of receipt of the application, provided that, at the time of receipt, the application contained an express or implicit indication 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-design. Where the latter requirements were not complied with at the date of receipt of the application but are corrected within the time limit, 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 the 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, the Registrar’s Office shall notify the applicant that the application will be deemed not to have been filed unless payment is made within two (2) months from the date of the notification. If the application fee is not paid within that time limit, the application shall be deemed not to have been filed.

Section 33

(1) Where the application complies with the requirements of Section 33, the Registrar shall register the layout-design in the Register of Layout-Designs without examination of the originality of the layout‑design, the applicant's entitlement to protection or the correctness of the facts stated in the application.

(3) Any person may consult the Register of Layout‑Designs and obtain extracts there from, subject to the payment of the prescribed fee.

(4) The registration of a layout-design shall be published in the Official Gazette.

Section 34

The provisions of Section 13 shall apply for mutatis mutandis to layout-designs.

Section 35

The provisions of Section 14 shall apply mutatis mutandis to layout-designs.

TITLE II: DISTINCTIVE SIGNS

PART I: TRADE MARKS, SERVICE MARKS, COLLECTIVE MARKS, TRADE NAMES AND CERTIFICATION MARKS

Section 36

(1) The exclusive right to a mark, as conferred by this Act, shall be acquired by registration in accordance with the provisions thereof.

(2) A mark cannot be validly registered:

(i) if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises; the scent or taste or other material characteristic of goods shall not be deemed capable of distinguishing the goods when they result normally from the common composition of those goods;

(ii) 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;

(iii) 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 their nature or characteristics; the provisions of Sections 57 and 58 shall apply;

(iv) if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization;

(v) 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 for 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 which registration is applied for, provided, in the latter case, that use of the mark 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;

(vi) 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;

(vii) if the application has been made in bad faith or where the sign, if registered, would serve unfair competition purposes.

(3) Notwithstanding the provisions of subsection 2(1), 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.

(4) In case of honest concurrent use, or of other special circumstances which in the opinion of the Court or the Registrar make it proper to do so, the Court or the Registrar may permit the registration of marks that are identical or nearly resemble each 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, if any, as the Court or the Registrar, as the case may be, may think it right to impose, provided that such use does not result in misleading the public and is not contrary to the public interest.

(5) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other in respect of the same, similar or related goods or services or description 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 consumers 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 Subsection (2)(i). 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 (“common name”)

(7) For the purposes of Subsection (2)(v), in determining whether a mark is well known, it shall be taken into account the knowledge of the mark in the relevant sector of the public in Oman, including knowledge which has been obtained as a result of the promotion of the mark.

(8) For the purposes of Subsection (2)(vi), in the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.

(9) The prior user of a mark which is not in the Register or which is not subject to a pending application under Subsection (2)(vi), may oppose an application for a registration by another person of a similar or identical mark for similar or identical goods, in accordance with this Section and the Regulations thereto, provided he:

(i) submits evidence that he has used that mark in good faith for at least six months prior to the filing date or the priority date, if applicable;

(ii) submits evidence that he has acquired clientele and that clientele attributes some reputation to the mark; and

(iii) 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 similar or identical mark to one that has lapsed, under Section 41(2), or or been abandoned, under Section 44(1), for similar or identical goods or services shall be admitted only after a period of at least three (3) years has passed from the date on which notice of the termination of the mark was published in the Official Gazette. This Subsection does not apply to the licensee of the mark that is licensed and abandoned under Section 44(1).

(11) Goods or services may not be considered as being similar to each other solely on the ground that, in any registration or publication, 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.

Section 37

(1) (a) The application for registration of a mark shall be filed with the Registrar and shall contain a request, a reproduction of the mark and a list of the goods or services for which registration of the 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 sign that is not visually perceptible, the application shall contain a graphical reproduction of the mark. Such reproduction shall be specific and may not consist merely of a general description of the sign.

(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 principal parts of the mark which are in that color.

(d) Where the applicant wishes to apply for a three-dimensional mark, he shall submit a statement to that effect.

(2) (a) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, 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 the prescribed time limit, a copy of the earlier application, certified as correct by the Registry with which it was filed. Consequently, the filing of that application in Oman before the expiration of the period referred to in subsection (c) shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing or the use of the mark, and such acts cannot give rise to any third–party right or any right of personal possession.

(3) The applicant may at any time withdraw his application or restrict the goods or services covered by the application.

Section 38

(1) (a) The Registrar shall examine whether the application complies with the requirements of Section 38(1) and the Regulations pertaining thereto.

(b) The Registrar shall examine and determine whether the mark is a mark as defined in Section 1 and is registrable under Section 37(2)(i) to (vi).

(2) (a) Where the Registrar finds that the conditions referred to in subsection (1) hereof are fulfilled, he shall forthwith cause the application, as accepted, to be published in the prescribed manner.

(b) Any interested person may, within the period of ninety (90) days and in the prescribed manner, give notice to the Registrar of opposition, which shall be reasoned and in writing, to the registration of the mark on the grounds that one or more of the requirements of Sections 1 and 37(2) and the Regulations pertaining thereto are not fulfilled.

(c) The Registrar shall publish a notice of the opposition in the Official Gazette, and, within the period of ninety (90) days and in the prescribed manner, the applicant may send to the Registrar a counter-statement of the grounds on which he relies for his application; if he does not do so, he shall be deemed to have abandoned the application.

(d) If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof 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 be registered.

(3) (a) Where the Registrar finds that the conditions referred to in Subsection (1) are fulfilled, and either:

(i) the registration of the mark has not been opposed within the prescribed time limit; or

(ii) the registration of the mark has been opposed and the opposition has been 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. Otherwise, he shall refuse the application.

(b) The applicant shall be given a notice of the refusal and its motives without undue delay.

(i) 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 Court, without the need for contesting it. The provisions of Section 111 shall apply.

(ii) In the event the applicant has contested the refusal but the Registrar has maintained it, the applicant may appeal from that decision to the Court, in accordance with the provisions of Section 111.

(4) (a) Every mark duly registered in the territory or country of origin that is a Member of the Paris Union or of the World Trade Organization or that maintains a relation of reciprocity with Oman in this regard (“the country of origin”), shall be accepted for filing and protected in Oman, subject to the reservations indicated in this Subsection. The Registrar shall, before proceeding to final registration, require the production of a certificate of registration in the country of origin, issued by the competent authority. No authentication shall be required for this certificate.

(b) Shall be considered the country of origin the country of the Union or the Member of the WTO where the applicant has a real and effective industrial or commercial establishment, or, if he has no such establishment within the Union or in the territory of a WTO Member, the country where he has his domicile, or, if he has no domicile within the Union or in a territory of a WTO member but is a national of a country of the Union or of a WTO Member, the country of which he is a national.

(c) Trademarks covered by this subsection may be neither denied registration nor invalidated except in the following cases:

(i) when they are of such a nature as to infringe rights acquired by third parties in Oman;

(ii) when they are devoid of any distinctive character, or consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of the goods, or the time of production, or have become customary in the current language or in the bona fide and established practices of the trade of the country where protection is claimed;

(iii) when they are contrary to morality or public order and, in particular, of such a nature as to deceive the public. It is understood that a mark may not be considered contrary to public order for the sole reason that it does not conform to a provision of this Part, except if such provision itself relates to public order.

(d) The provisions of paragraph (c) of this Subsection are subject, however, to the application of provisions of Title III.

(e) In determining whether a mark is eligible for 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 country of origin only in respect of elements that do not alter its distinctive character and do not affect 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 Subsection 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 fixed by Section 38(2)(c), even if registration in the country of origin is effected after the expiration of such period.

Section 39

(1) The owner of a registered mark shall have the 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 services related to those in respect of which the mark is registered, where such use would result in a likelihood of confusion, without prejudice to the provisions of Subsections (3), (4) and (5). The provisions of Section 37(8) shall apply.

(2) In accordance with Title IV, the owner of a registered mark shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the mark by using, without his consent, the mark as aforesaid or who performs acts which 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 registered owner or with his consent, and therefore shall be exhausted.

Section 40

(1) Without prejudice to the provisions of Subsection (3), 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 authorizing others to import the product identified by or bearing a registered or otherwise protected trademark (“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:

(i) 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

(ii) a similar or identical trademark is registered 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) If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the trademark rights exhausted, the Minister shall, ex officio, or at the request of the trademark owner, cancel the authorization.

If the conditions that gave rise to the Minister’s decision to consider the trademark rights exhausted cease to exist, the Minister may, ex officio or at the request of the trademark owner, cancel the authorization, 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 provisions of subsection (1) shall 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, under Title III.

(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 generic pharmaceutical products and medical devices, or with the purpose of discouraging the public consumption of goods that are deemed prejudicial to 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.

Section 41

(a) The registration of a mark shall be for a period of ten years from the filing date of the application for registration.

(b) The registration of a mark may, upon request, be renewed for consecutive periods of ten years, provided that the registered owner pays the prescribed renewal fee.

(c) A period of grace of six (6) months shall be allowed 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.

Section 42

(1) (a) Any interested person may request the Court to invalidate the registration of a mark.

(b) The request of invalidation can be filed within a period of five (5) years from the date of issuance of the registration certificate, unless the registration was obtained in bad faith or in violation of Section 37(2)(vii), in which cases the request can be filed without any time limits.

(c) The Court shall invalidate the registration if the person requesting the invalidation proves that any of the requirements of Sections 1 and 37 is not fulfilled, or the provisions of Sections 57 and 58 are not complied with.

(d) Any invalidation of a registration of a mark shall be deemed to have been effective as of the date of registration, and it shall be recorded and a reference thereto published as soon as possible.

(2) Any interested person may request the Registrar 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 years or longer, provided that a mark shall not be removed if it is shown that special circumstances prevented the use of the mark, such as import restrictions or other government or market impediments to commercialization, and that there was no intention not to use or to abandon the same in respect of those goods or services.

Section 43

(1) (a) Subject to subsections (2) and (3), Sections 37 to 41 shall apply to collective marks.

(b) 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) (a) An application for registration of a collective mark shall designate the mark as a collective mark and shall be accompanied by a copy of the Rules, if any, governing the use of the collective mark.

(b) Any changes made in respect of the Rules referred to in paragraph (a) shall be communicated to the Registrar.

Section 44

(1) Subject to Sections 44 and 45, the provisions of Sections 37 to 41 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 governing its use. These provisions apply to all certification marks, including those that are owned by governmental agencies.

(2) The owner of a certification mark may not use the sign to identify or certify his own goods or services.

(3) In addition to the grounds provided in Section 41(1)(c), the Court shall invalidate the registration of a certification sign if the person requesting the invalidation proves that the owner of the certification mark uses it, or that he permits its use in contravention of the Rules referred to in Subsection (1) 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. Any interested person can file a request for invalidating certification marks, including, but not limited to, the Registrar, the Public Prosecutor, the competitors of the owner, the producers of the certified goods or services, as well as associations and organizations that legitimately represent the consumers concerned.

Section 45

1- (a) Any license contract concerning the registration of a mark, or an application therefor, shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used, where such control is appropriate and/or necessary. 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 may be alleged as a personal defense in infringement proceedings.

(b) The abandonment of a mark shall be deemed to have been effective as of the date on which the license contract has become effective, and it shall be recorded and a reference thereto published in the Official Gazette in accordance with the Regulations.

2- The registration of a collective mark, or an application therefor, 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 provision shall not apply to certification marks.

Section 46

Limitations to the Rights in Certification Marks

Any person who has proved to comply with the technical standards and other conditions of the Rules mentioned in Section 43(1) shall not be refused the right to use the certification sign in the same conditions established by those Rules.

Section 47

(1) A name or designation may not be used as a trade 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) Notwithstanding any laws or regulations providing for any obligation to register the businesses identified by trade names, such names shall be protected, even prior to or without registration, against any unlawful act committed by third parties.

(b) In particular, any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be deemed unlawful.

PART II: GEOGRAPHICAL INDICATIONS

Section 48

For the purposes of this Part:

(a) “good” means any natural or agricultural product or any product of handicraft or industry;

(b) “producer” means:

(i) any producer of agricultural products or any other person exploiting natural products,

(ii) any manufacturer of products of handicraft, or industry, and

(iii) any trader dealing in the said products;

Section 49

Protection under this Act shall be available

(a) against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.

(b) 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 exploitation of the reputation of the trademark.

Section 50

In the case of homonymous registered geographical indications for goods, protection shall be accorded to each indication, subject to paragraph (b) of Section 49. The Registrar, in cases of permitted concurrent use of such indications, shall determine the practical conditions under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

Section 51

The following shall not be protected as geographical indications:

(a) indications which do not correspond to the definition in Section 1;

(b) indications which are contrary to public order or morality;

(c) geographical 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 similar to a mark currently registered or pending registration in good faith; and

(f) indications that may be confusingly similar to a preexisting mark for which the rights have been acquired in accordance with national law.

Section 52

(1) The application for registration of a geographical indication shall be filed with the Registrar. The following shall have the right to file an application:

(a) 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, as well as groups of such persons;

(b) any competent authority.

(2) The Registrar may, ex officio or per request of any of the persons designated in Subsection 2(a), file for, obtain and enforce the registration of geographical indications with respect to goods where the producers of those goods are not formally organized or associated and therefore may not apply for, obtain and enforce the registration of geographical indications. In such an event, those geographical indications are governed by the other provisions of this Act except for the competence for seeking their registration and protection in Oman as well as in other countries. 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 applicable laws or regulations.

(3) The rights conferred by the registration of geographical indications shall be without prejudice of the protection of geographical indications as trademarks, collective marks or certification marks as well as under the provisions relating to the repression of unfair competition, under this Act.

Section 53

(1) The Registrar shall examine whether the application complies with the requirements of Sections 1, 51, 52(2) and 53 and the Regulations pertaining thereto.

Where the Registrar finds that the conditions referred to in Subsection (1) hereof are fulfilled, he shall cause the application, as accepted, to be published in the prescribed manner.

Any interested person or competent authority may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition, which shall be reasoned and in writing, to the registration of the geographical indication on the grounds that one or more of the requirements mentioned in Subsection (1) have not been met.

( 2 ) (a) The Registrar shall give notice of the opposition 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, of the grounds on which he relies for his application; if he does not do so, he shall be deemed to have abandoned the application.

(b) If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof 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 geographical indication should be registered.

(3) Where the Registrar finds that the conditions referred to in subsection (1) are fulfilled.

The registration of the geographical indication has not been opposed within the prescribed time limit

The registration of the geographical indication has been opposed and the opposition has been decided in the applicant's favour,

he shall register the geographical indication, publish a reference to the registration and issue to the applicant a certificate of registration. Otherwise, he shall refuse the application.

(4) Both the decisions of refusal or of acceptation by the Registrar may be the subject of an appeal to the Court, in accordance with the provisions of Section 111.

Section 54

(1) Producers carrying on their activity in the geographical area specified in the Register relating to a particular geographical indication 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 Section 40 apply mutatis mutandis to geographical indications.

Section 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 having regard to Sections 1, 51, 52(2) and 53;

(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 other characteristic of such products is missing or unsatisfactory.

(2) In any proceedings under this Section, notice of the request for invalidation or rectification,

shall be served on the person who filed the application for registration of the geographical indication or his successor in title and shall, by a publication in the Official Gazette, be given to all persons having the right to use the geographical indication under Section 54.

The persons and any other interested person may, within a period which shall be specified by the Court not less than ( 30 days ) in the said notice, apply to join in the proceedings.

Section 56

The Court shall, ex officio or at the request of an interested party, 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 the public as to the true place of origin.

Section 57

The registration of a trademark for goods which contains or consists of a rgistered geographical indication shall be refused or invalidated by the Registrar or the Court, ex officio or at the request of an interested party, with respect to such goods not having this origin.

Section 58

( 1 ) Nothing in this Act shall prevent continued and similar use in Oman of a particular geographical indication of another country in connection with goods or services by any national or domiciliary of Oman who have used that geographical indication in a continuous manner with regard to the same or related goods or services in the territory of Oman for at least 10 years preceding April 15, 1994 or in good faith preceding that date.

(2) Where a distinctive sign has been applied for or registered in good faith in Oman, or where rights to a distinctive sign have been acquired through use in good faith in Oman or through its having become well-known in Oman before November 9, 2000 or

before the geographical indication is protected in its country of origin,

( 3 ) this Act shall not prejudice 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 with, or similar to, a geographical indication.

(4) Nothing in this Act shall apply in respect of a 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 relevant indication is identical with the customary name of a grape variety existing in Oman as of January 1, 1995.

(5) Any request for relief made under Title IV of this Act 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 trademark in Oman, provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in Oman and provided that the geographical indication is not used or registered in bad faith.

(6) This Act shall in no way prejudice 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 name is used in such a manner as to mislead the public.

Section 49

Subject to the provisions of Title IV, any interested person and any interested group of producers or consumers may institute proceedings in the Court to prevent, in respect of geographical indications,

(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;

(b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention; or

(c) use of a registered geographical indication identifying any goods not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like.

TITLE III: PROTECTION AGAINST UNFAIR COMPETITION

Section 60

(1) The provisions of this Title shall apply independently of, and in addition to, any legislative provisions protecting inventions, utility models, industrial designs, layout-designs, distinctive signs, literary and artistic works and other intellectual property subject matter.

(2) (a) In addition to the acts and practices referred to in Articles 61 to 65, any act or practice, in the course of industrial or commercial activities, that is contrary to honest practices shall constitute an act of unfair competition.

(b) An act or practice that is contrary to honest practices, for the purposes of this Title, 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.

An act or practice that is contrary to honest practices, for the purposes of this Title, shall also mean acts of breach of legal duties in general when their purpose or they consequence is to obtain 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 Title IV.

Section 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

(i) a trademark, whether registered or not or a trade name.

(ii) any distinctive sign other than a trademark or a trade name

(iii) ; the appearance of a product or the presentation of products or

services as well as of the place of business]

Section 62

(1) Any act or practice, in the course of industrial or commercial activities, that damages, or is likely to damage, the goodwill or reputation of another’s enterprise shall constitute an act of unfair competition, regardless of whether such act or practice causes confusion.

(2) (a) Damaging another’s goodwill or reputation may, in particular, result from the dilution of the goodwill or reputation attached to

(i) a trademark, whether registered or not;

(ii) a trade name;

(iii) any distinctive sign other than a trademark or a trade name;

(iv) the appearance of a product;

(v) the presentation of products or services as well as of the place of business;

(vi) a celebrity or a well-known fictional character.

(b) For the purposes of these provisions, “dilution of goodwill or reputation” means the lessening of the distinctive character or advertising value of a trademark, trade name or other business identifier, the appearance of a product or the presentation of products or services or of a celebrity or well-known fictional character.

Section 63

(1) Any act or practice, in the course of industrial or commercial activities, that misleads, or is likely to mislead, the public with respect to an enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an act of unfair competition.

(2) Misleading may arise out of advertising or promotion and may, in particular, occur with respect to

(i) the manufacturing process of a product;

(ii) the suitability of a product or service for a particular purpose;

(iii) the quality or quantity or other characteristics of products or services;

(iv) the geographical origin of products or services;

(v) the conditions on which products or services are offered or provided;

(vi) the price of products or services or the manner in which it is calculated.

Section 64

(1) Any false or unjustifiable allegation, in the course of industrial or commercial activities, that discredits, or is likely to discredit, another’s 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

(i) the manufacturing process of a product;

(ii) the suitability of a product or service for a particular purpose;

(iii) the quality or quantity or other characteristics of products or services;

(iv) the conditions on which products or services are offered or provided;

(v) the price of products or services or the manner in which it is calculated.

Section 65

(1) Any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of undisclosed information without the consent of the person lawfully in control of that information (hereinafter referred to as “the rightful holder”) and in a manner contrary to honest commercial practices shall constitute an act of unfair competition.

For the purposes of this Section, “a manner contrary to honest commercial practices” 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.

(2) For the purposes of this Section, information shall be considered “undisclosed information” if it has secret in the sense that it is not, as a body or in the precise configuration 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 or 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

(i) an unfair commercial use by a governmental authority of undisclosed test or other data concerning safety and efficacy of the product which have been submitted to that authority as a condition of obtaining approval of the marketing of new pharmaceutical or agricultural chemical products, or

(ii) 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) For the purposes of this Subsection, 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) Subsection (4)(a)(i) shall be construed as precluding any governmental agency, without the consent of the person or entity who first obtained marketing approval of a pharmaceutical or agricultural chemical product in Oman (the originator) from relying on or referring to the undisclosed test data or other undisclosed data submitted by the originator, for the purposes of approving any other product, for at least five (5) years for pharmaceutical products, and ten (10) years for agricultural chemical products, from the date of marketing approval in Oman

(b) The provisions of paragraph (a) of this Subsection shall apply, mutatis mutandis, in the event Oman adopts the practice of granting marketing approval based on evidence of marketing approval granted in another territory.

(c) Where the competent authority of Oman requires or permits, as a condition of granting marketing approval for a pharmaceutical product that includes a chemical entity that has been previously approved for marketing in another pharmaceutical 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 authority shall not, without the consent of the originator, authorize another to market a same or a similar product based on the new clinical information submitted in support of the marketing approval or evidence of the marketing approval based on the new clinical information, for at least three years from the date of marketing approval in Oman.

(d) The provisions of paragraph (c) of this Subsection shall apply, mutatis mutandis, in the event Oman adopts the practice of granting marketing approval based on evidence concerning new clinical information for a product that was previously approved based on that new clinical information in another territory.

(e) Where the originator’s product is covered by a patent in force in the territory of Oman, the competent authority, notwithstanding the provisions of this Subsection, but without prejudice to the provisions of paragraph (e), shall not approve another product without the prior consent of the patent owner. If a request of marketing approval that requires or implies reliance on the originator’s undisclosed data is submitted by another person during the term of a patent, the competent authority shall inform the patent owner of such a request.

TITLE IV: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Part I: Infringement Proceedings

Section 66

(1) Subject to Sections 11, 13 and 17, an infringement of a patent or a utility model shall consist of the performance of any act referred to in Section 11(2) in Oman by a person other than the owner of the patent 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 compulsory 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 ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement and, where the infringer acted knowingly or with reasonable grounds to know, award damages and grant any other remedy provided for in the general law or under Chapter 4 of this Title.

(3) The remedies provided to owners of patents in Oman shall be also available, whenever appropriate, to the owners of foreign patents that have been the subject of a compulsory license for the purposes of supplying the market of Oman of pharmaceutical products, under the scheme established by the Decision of the WTO General Council of August 30, 2003, 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 for the purposes of this Subsection ex officio. In this event, they shall notify the right holder of the suspension of release who shall have ten days for providing adequate evidence that the retained products prima facie correspond to the claims of the patent in question.

(4) Without prejudice to the provisions of Subsection (3), the same border measures that are available under Section 83 for the suspension by the customs authorities of the release into free circulation of counterfeit trademark and pirated copyright goods shall also apply to prevent the unauthorized importation or re-exportation of the products that have actually been imported into the territory of Oman under the scheme referred to in Subsection (3). Border measures under Section 89 may also be determined for the same purpose.

(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 years from the date of filing of the patent application or three years from the date of the grant of the patent, the plaintiff or a person with his authorization is not, or has not taken 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 plaintiff’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 there is no competing product on the market;

(d) the patent owner has engaged in other abusive practives, including anti-competitive practices, as determined by the Court or by a competent administrative authority;

(f) the patent owner is found to have engaged in inequitable conduct during the procurement of the patent letter; this paragraph applies without prejudice to the provisions of Section 15(3).

(6) (a) With respect to a medical practitioner’s 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, the provisions of Title IV of this Act shall not apply against the medical practitioner or against a related health care entity with respect to such medical activity.

(b) For the purposes of this Subsection:

(i) the term “medical activity” means the performance of a medical or surgical procedure on a body, but shall not include (i) the use of a patented machine, manufacture, or composition of matter in violation of such patent, (ii) the practice of a patented use of a composition of matter in violation of such patent, or (iii) the practice of a process in violation of a biotechnology patent;

(ii) the term “medical practitioner” means any natural person who is licensed by a State to provide the medical activity described in paragraph (b)(1) or who is acting under the direction of such person in the performance of the medical activity;

(iii) 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, group medical practice, or a medical clinic;

Section 67

(1) Subject to Section 40(3), 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 Sections 40(1) and 46 in Oman by a person other than the owner of the mark or of the trade 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:

(i) 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

(ii) 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 registered 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 of the mark to institute court proceedings for a specific relief and the owner of the mark has refused or failed to do so within ninety-days, the Court may grant an injunction to prevent infringement, or an imminent infringement, award damages and grant any other remedy provided for in the general law or under this Title.

The Court may also, on the request of any competent authority or any interested person, group association or syndicate, including producers, manufacturers or traders, grant the same relief where it is satisfied that an act of infringement referred to in Section 40 has been committed or is imminent.

Section 68

(1) An infringement of an industrial design registered under this Act shall consist of the performance of any act referred to in Section 25(2) by a person 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 ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement, award damages and grant any other remedy provided for in the general law or under this Title.

Section 69

(1) An infringement of a geographical indication protected under this Act shall consist of the performance of any act referred to in Section 55 or any use of a geographical indication by a person who has no right to use the geographical indication in accordance with this Act.

(2) On the request of any interested person or of any interested group of producers or consumers, or any competent authority under Section 52, the Court may grant an injunction to prevent the unlawful use of the geographical indication, award damages and grant any other remedy provided for in the general law or under this Title.

Section 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 referred to in Section 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-design (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 specific relief and the owner has refused or failed to do so within ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement, award damages and grant any other remedy provided for in the general law or under this Title.

Section 71

(1) The provisions of this Title shall apply to prevent or to remedy any act of unfair competition subject to the provisions of Sections 60 to 65.

(2) Where an act under Section 65(4) and (5) is considered by the Court to constitute an act of unfair competition, the Court shall order:

(a) the government authority to cancel the marketing approval;

(b) 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;

(d) the competitor of the undisclosed data holder to pay adequate damages for the marketing of the products the registration of which has constituted an act of unfair competition.

Section 72

Time Limits

Civil proceedings under Sections 66 to 71 can be initiated within five years from the date on which the right holder knew or had 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.

PART II: Provisional Measures

Section 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 referred to in Part I of this Title from occurring 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:

(i) any reasonably available evidence satisfying 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

(ii) any security or equivalent assurance required by the Court to protect the defendant and to prevent abuse; such security or equivalent 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 without giving the other party an opportunity of being heard shall be acted upon expeditiously and shall, except in exceptional cases, generally be executed within ten days.

(4) Where provisional measures have been ordered under Subsections (2) and (3), the defendant may file a request for review with the Court within two (2) weeks from the notification of the decision. In the review proceedings, the Court shall give the parties concerned an opportunity of being heard and shall confirm, modify or revoke the decision within a reasonable period after the notification of the decision.

(5) Where the applicant does not initiate court proceedings 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 on the merits of the case in proceedings under Subsection (5) initiated by the applicant that there has been no infringement or threat of an infringement, the Court shall order the applicant, upon the request of the defendant, to provide the defendant appropriate compensation for any injury caused by the execution of the provisional measures.

(7) The measures of this Section aiming at preserving relevant evidence shall also be available before the granting of the pending registration, if the Court so deems necessary. In that event, the applicant shall initiate Court proceedings leading to a decision on the merits of the case 20 working days or 31 calendar days, whichever is the longer, from the publication of the grant of the pending registration.

PART III: EVidence; Burden of Proof

Section 74

(1) The Court may, where a party has presented 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 evidence 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 information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, the Court may make preliminary and final determinations, affirmative or negative, on the basis of the information presented to it, including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or evidence.

(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 the 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:

(i) if the product obtained by the patented process is new, or

(ii) if there is a substantial likelihood that the identical product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used.

(4) In civil judicial proceedings concerning trademark counterfeiting, the Court shall

have the authority to order the seizure of suspected infringing goods, any related materials and implements, and documentary evidence relevant to the infringement.

(5) In the event that the Court appoints technical or other experts in civil proceedings concerning the enforcement of intellectual property rights and require that the parties to the litigation bear the costs of such experts, the Court shall seek to ensure that such costs are closely related, inter alia, to the quantity and nature of work to be performed and do not unreasonably deter recourse to such proceedings.

PART IV: Damages; Other Remedies

Section 75

(1) (a) Where damages are awarded in accordance with Sections 66 to 71, the Court shall order the infringer to pay the right holder adequate compensation for the infringement of his intellectual property right.

(b) In the case of trademark infringement, the Court shall order the accounting of the profits of the infringer that are attributable to the infringement and that are not taken into account in computing the amount of the damages referred to in paragraph (a). In civil judicial proceedings concerning trademark infringement, the Court shall establish or maintain pre-established damages, which shall be available on the election of the right holder. Pre-established damages shall be in an amount sufficient to constitute a deterrent to future infringements and to compensate fully the right holder for the harm caused by the infringement.

(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 concerning patent infringement, the 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:

(i) on the date or subsequent to the date on which public notice, if any, of the application of the registration was given through the Official Gazette; or

(ii) on the date or subsequent to the date on which the applicant of the registration gave notice to the alleged infringer of the contents of the application; or

(iii) on the date or subsequent to the date on which the alleged infringer acquired knowledge of the contents of the application.

(3) The request for the Court to order the payment of damages under Subsection (2) may be filed only after the title of industrial property right in question is granted.

Section 76

(1) Where goods have been found to be infringing, the Court shall order, without compensation of any sort, that these goods be destroyed, except in exceptional circumstances.

(2) In respect of counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, to permit release of the goods into the channels of commerce.

(3) The Court shall order that materials or implements the predominant use of which has been the creation of infringing goods be destroyed or, in exceptional circumstances, be disposed of outside the channels of commerce without compensation of any sort in such a manner as to minimize the risks of further infringement.

Section 77

In civil judicial proceedings concerning the enforcement of the rights protected by this Act, the Court shall have the authority to order the infringer to provide any information that the infringer possesses regarding any person or persons involved in any aspect of the infringement and regarding the means of production or distribution channel of such goods or services, including the identification of third persons involved in the production and distribution of the infringing goods or services or in their channels of distribution, and to provide this information to the right holder. The Court shall order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or rendering of services and of their channels of distribution.

Section 78

The Court shall order an applicant at whose request measures were taken and who has abused enforcement procedures to provide to a defendant wrongfully enjoined or restrained adequate compensation for the injury suffered by virtue of such abuse. Where this is considered adequate in view of the seriousness of the abuse, the Court shall also order the person having abused enforcement procedures to pay the other party expenses including appropriate attorney's fees.

Part V: Border Measures

Chapter I: Border Measures by the Customs Department

Section 79

(1) (a) Where the right holder requests that the Customs Service suspend the customs clearance procedures and release into free circulation of goods, the right holder shall provide sufficient prima facie evidence that the importation of counterfeit trademark goods is taking place or is imminent. The right holder shall also to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that 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 unreasonably 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 circulation was suspended on Customs own initiative, the Customs Department shall notify the right holder about the suspension of release into free circulation, and may require a security a security in accordance with Section 93 and to inform him that, if the required security has not been provided within three (3) working days from receipt of the notification, the goods will be released into free circulation.

(3) Where the Customs Department is requested by the right holder to take action under subsection (1), Sections 92 to 94 shall apply mutatis mutandis.

Section 80

Where the Customs Department has suspended customs clearance in accordance with Section 83, it shall notify the importer and, where known, the right holder of the alleged infringement and of the suspension.

Section 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.

Section 82

(1) Where the customs clearance of goods has been suspended by the Customs Department under Section 79, the Customs Department shall inform the right holder of the names and addresses of the importer, consignor and consignee and of the quantity of the said goods, and

(2) Upon request, the Customs Department shall also, without prejudice to the protection of confidential information, provide the right holder with copies of documents lodged in respect of such goods or with any information or documents relating to any previous importation of identical or similar goods in which the same importer, consignor or consignee were involved.

Chapter II: Border Measures by Court Order

Section 83

Border measures shall, where the conditions set out in this Chapter are met, be ordered by the Court to prevent the importation of goods which infringe intellectual property rights conferred in Oman under this Act.

Border measures shall also be granted to prevent the importation of goods the production and or the commercialization of which in Oman is an act of unfair competition, in accordance with this Act.

Section 84

The holder of an intellectual property right, who has valid grounds for suspecting that the importation of goods that infringe his rights may take place, may file an application with the Court requesting it to order the Customs Department to suspend customs clearance of those goods.

Section 85

In accordance with Section 91, the decision by the Court to suspend the 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.

The Court shall forward its decision granting the application by the right holder without delay to the Customs Department which shall be liable to take action in respect of the goods alleged to be infringing.

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.

Section 86

The Court may order the applicant to pay the importer, the consignee and the owner of the goods appropriate compensation for any injury caused to them 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 Section 97.

Chapter III: Proceedings Leading to Decisions on the Merits of the Case

Section 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 and, where the Customs Department has taken the decision to suspend the release into free circulation of the goods, the Customs Department has not been notified accordingly, the goods shall be released, provided that all other conditions for importation have been complied with.

(2) The Customs Department may, where it considers an extension of the said period to be appropriate under the circumstances, extend the period of suspension by a period not exceeding another 10 working days.

The Court may extend the period by any period it considers reasonable under the circumstances.

The owner, importer or consignee of the goods shall be entitled to their release on the posting of a security, in an amount sufficient to protect the right holder, where the period set out in Section 97 has expired without the granting of provisional relief by the Court and where all other conditions for importation have been complied with.

Section 88

(1) If proceedings leading to a decision on the merits of the case have been initiated, the Court or the Customs Department, whichever authority has taken the decision to suspend the release into free circulation of the goods alleged to be infringing, shall review, upon the request of the defendant, the decision with the view 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 further suspension shall be determined by the Court. Where no such determination has been made, the said period shall not exceed twenty (20) working days or thirty one (31) calendar days, whichever is the longer.

Section 89

The following shall not be permitted:

(i) re-exporting the infringing goods;

(iii) placing the goods under a different customs procedure.

Chapter IV: General Provisions AS REGARDS BORDER MEASURES

Section 90

Small quantities of goods of a non-commercial nature contained in the traveler’s personal luggage or sent in small consignments may be excluded from suspension from release into free circulation.

Section 91

The provisions on border measures in this Act shall apply not only to goods imported to or exported from Oman, but also to goods that are in transit in the territory of Oman. For the purposes of this Section, it shall be understood that “goods that are in transit” mean goods under “Customs transit” and goods “transshipped”, as defined in the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention).

Section 92

The aggrieved party may lodge an appeal against any decision or measure taken by the Customs Department on or in connection with the suspension of release into free circulation of goods alleged to be counterfeit or pirated. The appeal shall lie to the Court and shall be filed within sixty (60) days from the notification of the decision.

PART VI: CRIMINAL PROCEDURES

Section 93

(1) The Court shall have the authority to apply remedies that include sentences of imprisonment from a minimum of three (3) months up to a maximum of 2 (two) years as well as monetary fines from a minimum of 2,000 up to a maximum of 10,000 Riyals. In case of reincidence, the Court shall have the authority to double those remedies. In determining the remedies, the Court shall take into account that those remedies must be sufficient to provide a deterrent to future infringements, consistent with a policy of removing the infringer’s monetary incentive;

(2) fine or imprison, in appropriate cases, a party to a litigation who fails to abide by valid orders issued by such authorities; and

(3) impose sanctions on parties to a litigation, their counsel, experts, or other persons subject to the court’s jurisdiction, for violation of judicial orders regarding the protection of confidential information produced or exchanged in a proceeding

(1) Any change in the ownership of a patent, or a utility model certificate, or the registration of an industrial design, or the registration of a layout-design, or the registration of a mark or collective mark or certification sign, or the registration of a geographical indication, or in the ownership of an application therefor, shall be in writing and shall, at the request of any interested party, to the Registrar, be recorded and, except in the case of an application, published by the Registrar. Except as regards trademarks, such change shall have no effect against third parties until such recording is effected.

(2) Any change in the ownership of a trade name must be made with the transfer of the enterprise or part thereof identified by that name and shall be in writing.

(3) 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, particularly in regard to the nature, origin, manufacturing process, characteristics, or suitability for their purpose, of the goods or services in relation to which the mark or collective mark is intended to be used or is being used.

(4) Any license contract concerning a patent, or a utility model, or a registered industrial design, or a registered layout-design, or a registered mark, or an application therefor, shall be submitted to the Registrar who shall keep its contents 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.

(5) 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 hear the allegations of the parties to the contract, if one or both so request. The parties to the contract may submit evidence that is pertinent. Any of the parties or both may appeal from the Registrar’s decision to the Court within [two] months from the date on which the Parties were notified of the Registrar’s decision to refuse to record the contract.

(6) (a) For the purposes of subsection (5), 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, in the event that they have anti-competitive effects, anti-competitive.

(b) Notwithstanding the provisions of paragraph (a) of this subsection, the license contracts may provide for the following limitations:

(ii) conditions required for the efficient control of the quality of goods and services, subject to the provisions of Section 44;

(iii) 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.

(7) Where the right that is the subject of an assignment or a license contract is invalidated after the contract becomes effective, the contract will cease immediately to produce effects. The parties may recover totally or partially any payments or other benefits paid under the contract, unless the party in favor of whom those payments or other benefits were paid has benefited in good faith from the contract and the invalidation does not impair or annul those benefits.

(8) The Public Prosecution Office may initiate legal action ex officio with respect to the offenses described in this Title, without the need for a formal complaint by a private party or right holder.

(1) Where an applicant's ordinary residence or principal place of business is outside Oman, he shall be represented by a legal practitioner resident and practicing in Oman. That agent shall receive powers to receive communications and service as regards any process or proceeding, either judicial or other, in Oman, under this Act, relating to the application or title in question.

(2) (a) An assignee of an application, an applicant, owner or other interested person may act himself before the Registrar for the following procedures:

(iv) the issue of a receipt or notification by the Registrar in respect of any procedure referred to in provisos (i) to (iii).

(1) The Industrial Property Registry shall maintain separate Registers for patents, utility models, industrial designs, layout designs, marks, collective marks, certification marks and geographical indications. Collective marks and certification signs shall be registered in a special section of the Register of Marks. All the recordings provided for in this Act shall be effected in the said Registers.

(3) The Registers may be consulted by any person, and any person may obtain extracts therefrom, under the conditions prescribed in the Regulations.

(2) Right holders may signal ownership of the subject of protection under this Act by means of particular signs.

(1) The Registrar may, subject to any provision in the Regulations, correct any error of translation or transcription, clerical error or mistake in any application or document filed with the Industrial Property Registry or in any recording effected pursuant to this Act or the Regulations. Substantive errors, however, may only be modified by the Court, under due process. Substantive errors are those that, if modified, will affect the rights conferred.

(2) Unless otherwise provided in this Act, if the Registrar is satisfied that the circumstances justify it, he may, upon receiving a written request, extend the time for doing any act or taking any proceeding under this Act and the Regulations, upon notice to the parties concerned and upon such terms as he may direct. The extension may be granted though the time for doing the act or taking the proceeding has expired.

Any decision taken by the Registrar under this Act, in particular the grant of a patent or a utility model certificate or the registration of an industrial design or of a layout-design or of a mark or collective mark or certification sign or of a geographical indication, or the refusal of an application for such a grant or registration, may be the subject of an appeal by any interested party before the Court and such appeal shall be filed within sixty (60) days of the date of the decision.

Any decision taken by the Minister under this Act, in particular the grant of a compulsory license, and his decision relating to the remuneration provided in respect of a compulsory license, under Sections 13, 27 and 36, as well as the transfer of title, under Section 14, may be the subject of an appeal by any interested party before the Court and such appeal shall be filed within sixty (60) days of the date of the decision. These provisions also apply to all final decisions made by the competent authority under Section 65(4), (5) and (6).

Section 99

(a) Final judicial decisions and administrative rulings of general application pertaining to the enforcement of industrial property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based.

(1) Unless otherwise provided, the provisions of this Act shall be effective as from the date established in accordance with the Royal Decree promulgating this Act and apply to all applications that are pending on the date of their entry into force. However, any acts definitively performed by the Registrar relating to pending applications, such as the final examination of applications, and which have already produced effects, shall be maintained.

(2) The provisions of subsection (1) shall apply mutatis mutandis to enforcement. All decisions by the Court, whether final or interlocutory, that have produced effects, shall be maintained.

(3) Where this Act in any way expands rights or creates new rights, including extension of terms of protection, existing registrations shall benefit from such expansion or creation. But where this Act reduces or eliminates rights, existing registrations shall not be affected and shall continue existing as if this Act had not been enacted, except for the provisions on enforcement, which shall apply in accordance with subsection (2).

(4) Where this Act 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.



	INDUSTRIAL PROPERTY RIGHTS AND THEIR ENFORCEMENT FOR THE SULTANATE OF OMAN
	REGULATIONS UNDER THE LAW ON INDUSTRIAL PROPERTY RIGHTS AND THEIR ENFORCEMENT FOR THE SULTANATE OF OMAN
	INDUSTRIAL PROPERTY RIGHTS AND THEIR ENFORCEMENT FOR THE SULTANATE OF OMAN Section 1 Definitions For the purposes of this Act, “Budapest Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980 “Certificate” means the title granted to protect a utility model, an industrial design, a layout-design (topography) of integrated circuit, a mark or a geographical indication. “Certification Marks” means signs 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” means any marks that belong to a collectivity, such as a cooperative or an association or federation of industrialists, producers and merchants. “Compulsory License” means an authorization given by the competent authority to a person, firm or a private or state-owned or state-controlled entity, to exploit a patent, a utility model, a layout-design or an industrial design in Oman without the approval of the right holder. “Decision of the General Council of the WTO of August 30, 2003,” means the Decision of the General Council of the WTO on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. “Distinctive sign” means a variety of designations and signs and slogans used by an enterprise to convey, in the course of industrial or commercial activities, a certain identity with respect to the enterprise and the products produced or the services rendered by that enterprise. “Exclusive License” means a license contract that confers on the licensee and, where it is established expressly therein, on the persons authorized by the licensee, the right to exploit the licensed industrial property right to the exclusion of all other persons (including the right owner). “Geographical Indication” means an indication that identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. “Hague Agreement” means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, as adopted on July 2, 1999. “Industrial Design” means any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft, and appeals to and is judged by the eye. “Integrated Circuit” means a product, in its final form or an intermediate 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. “International Classification” means, as regards patents and utility models, the classification for patents for invention, inventors' certificates, utility models and utility certificates, industrial designs and marks. “Invention” means an idea of an inventor, which permits in practice the solution to a specific problem in the field of technology. An invention may be, or may relate to, a product or a process. “Layout-Design” is synonymous with “topography” and means the three-dimensional disposition, 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 disposition prepared for an integrated circuit intended for manufacture. “Madrid Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, as signed at Madrid on June 28, 1989. “Mark” means any sign susceptible of being specifically represented graphically that is capable of distinguishing goods (“trademark”) or services (“service mark”) of one undertaking from those of other undertakings. A mark may, in particular, consist of words (including personal names), designs, letters, colors or combinations of colors, numerals 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. “Minister” means the Minister of Commerce and Industry. “Paris Convention” means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as last revised. “Patent” means 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. “Patent Cooperation Treaty” means the Patent Cooperation 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” means the Patent Law Treaty adopted at Geneva, on June 2, 2000. “Priority Date” means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention. “Registrar” means the Director of the Industrial Property Office, as established by this Law. “Trade Name” means the name or designation identifying and distinguishing an enterprise. “Washington Treaty” means the Treaty on Intellectual Property in Respect of Integrated Circuits in Washington, D.C., on May 26, 1989. “WTO” means the World Trade Organization. “Utility Model” means 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. TITLE I: TECHNICAL CREATIONS PART I: PATENTS Section 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 under Section 1; (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 territory of Oman of the commercial exploitation of which is necessary to protect ordre public and morality; such exclusion shall not be made merely because the exploitation of those inventions is prohibited by law. (2) The provisions of subsection (1) shall not apply to the following inventions: (a) Process inventions which, in whole or in part, consist of steps that are performed by a computer and are directed by a computer program; and (b) Product inventions consisting of elements of a computer-implemented invention, including in particular: (i) Machine-readable computer program code stored on a tangible medium such as a floppy disk, computer hard drive or computer memory; and (ii) a general purpose computer whose novelty over the prior art arises primarily due to its combination with a specific computer program. Section 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 appropriate, the priority date, of the application claiming the invention. For the purposes of Subsection (2)(b), disclosure to the public of the invention shall not be taken into consideration if it occurred within twelve months preceding the filing date or, where applicable, the priority date of the application, and if it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title. It shall be understood that disclosure derived from the applicant or his predecessor in title is comprised by this paragraph. (2) An invention shall be considered as involving an inventive step if, having regard to the differences and similarities between the claimed invention and the prior art as defined in subsection (2)(b), the claimed invention as a whole would not have been obvious to a person skilled in the art at the filing date or, if applicable, at priority date of the claimed invention. (3) An invention shall be considered industrially applicable if it can be made or used in any kind of industry or if it has specific, substantial and credible utility. The term “industry” shall be understood in its broadest sense, as any human economic activity leading to the production of goods and services; it shall cover, in particular, handicraft, agriculture, fishery and services. Section 4 (1) The right to a patent shall belong to the inventor. The right to a patent 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 persons have made the same invention 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. In order to establish the right of preference the Registrar shall take into account the matter claimed in the applications. (5) 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 and the reasonable expectations of gain that the employer had from his employee’s inventive output at the time he hired him, the employee shall be entitled to an equitable remuneration. (6) Where an invention is made by an employee 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. (c) The obligation to pay the remuneration arises 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 and in other countries or territories does not exempt him from paying the remuneration. (d) 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 patent application within one year from the date on which the employee communicated him the invention, the employee shall have the right to the patent, including the right to assign that right to any interested party and to license of transfer the patent, if granted., The exploitation, industrial or commercial, of the 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 application 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 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 be named as such in the patent, unless in a special written declaration signed by him and addressed to the Registrar 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) This Section shall apply to public civil servants as well as to persons whose services are hired in accordance with the Civil Code. Section 5 (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) (a) The request shall contain a petition to the effect that a patent be granted, the name of and other prescribed data concerning the applicant, the inventor and the agent, if any, and the title of the invention. (b) Where the applicant is not the inventor, 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 for the invention to be carried out by a person having ordinary skill in the art. (d) As regards patent applications concerning micro-organisms, the Registrar shall consider the requirements of paragraph (a) of this Subsection complied with when the applicant, together with the application, submits a declaration that the micro-organism or micro-organisms to which the application relates has (have) been deposited with an international depositary authority, in accordance with the Budapest Treaty and its Regulations. The Registrar shall recognize the deposit and its date of the deposit as indicated by the international depositary authority, provided that the applicant provides him with a copy of the receipt of the deposit issued by the international depositary authority. (e) The description of plant varieties shall be deemed sufficient when they are as complete as is reasonably possible. (4) 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. (5)a The applicant may withdraw the application at any time during its pendency. Section 6 (1) The application shall relate to one invention 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 as published in accordance with Section 9(4). (3) (a) The applicant may, up to the time when the application is in order for grant, divide the application into two or more applications (“divisional applications”), provided that each divisional application shall not go beyond the matter disclosed in the initial application. (b) Each divisional application shall be entitled to the filing date and, where applicable, the priority date of the initial application. (4) The fact that a patent has been granted on an application that did not comply with the requirement of unity of invention under subsection (1) shall not be a ground for the invalidation of the patent. Section 7 (1) (a) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, of one or more earlier national or regional 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. Consequently, the filing in Oman of that application before the expiration of the periods referred to in paragraph (b) of this subsection 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. (b) The period of priority under subsection (a) is of twelve (12) months and shall be counted in accordance with the provisions of Article 4 of the Paris Convention. (2) Where the application contains a declaration under subsection (1), the Registrar may request that the applicant furnish, within the prescribed time limit, a copy of the earlier application certified as correct by the Industrial Property Office with which it was filed. (3) If the Registrar finds that the requirements under this Section and the Regulations pertaining thereto have not been fulfilled, the said declaration shall be considered not to have been made. Section 8 The applicant shall, at the request of the Registrar, furnish him with the date and number of any application for a patent filed by him or by his predecessor abroad (“foreign application”) relating to the same or essentially the same invention as that claimed in the application filed in Oman : (1) The applicant shall, at the request of the Registrar, furnish him with the following documents relating to one of the foreign applications referred to in subsection (1): (2) a copy of any communication received by the applicant concerning the results 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 foreign application or refusing the grant requested in the foreign application. (5) The applicant shall, at the request of the Registrar, furnish him with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in paragraph (a) of this subsection. Section 9 (1) (a) 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 all of the following elements: (i) an express or implicit indication to the effect that the elements are intended to be an application; (ii) indications allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office; (iii) a part which, on the face of it, appears to be a description of an invention. (b) A reference, made upon the filing of the application, in Arabic, to a previously filed application shall, for the purposes of the filing date of the application, replace the description of the invention referred to in proviso (iii) of paragraph (a) and, if drawings are included in the referenced application, shall also replace any drawings. (c) The elements referred to in provisos (i) and (ii) of paragraph (a) must be submitted in Arabic. The element referred to in proviso (iii) of paragraph (a) may, for the purposes of the filing date, be filed in any language. (d) If the Registrar finds that the application did not, at the time of receipt, fulfill the requirements referred to in paragraph (a), he shall invite the applicant to file the required correction and shall accord as the filing date the date of receipt of the required correction, unless paragraph (b) applies, but if no correction is made, the application shall be treated as if it had not been filed. (2) (a) 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. If the applicant complies with the said invitation, the Registrar shall accord as the filing date the date of receipt of the missing drawings. Otherwise, the Registrar shall accord as the filing date the date of receipt of the application and shall treat any reference to the said drawings as non-existent. (b) 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. If the applicant complies with the said invitation, the Registrar shall accord as the filing date the date of receipt of the missing part, unless paragraph (b) of subsection (1) applies. 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 having the invention classified according to the International Classification, the Registrar shall examine whether the application complies with the requirements of Section 5 and the Regulations pertaining thereto as well as with other requirements which are designated by the Regulations as formal requirements for the purposes of this Act and whether information requested under Section 8, if any, has been provided. (4) (a) Immediately after eighteen months from the filing date, the Registrar shall open the patent application for public inspection. Public notice of that act shall be given by means of the publication in the Official Gazette of the following elements: (i) the number and the filing date of the application; (ii) the title of the invention; (iii) the name of the applicant(s) and of the inventor(s); (iv) the priority date(s); (v) the international classification; (vi) one drawing, if any, that depicts the main element(s) of the invention; (vii) the abstract. (b) The fee corresponding to the filing of the application shall be in an adequate amount to cover the costs of the publication of the notice of the laying open of the application for public inspection. (c) Any interested person shall receive a copy of the full contents of patent applications opened for public inspection, provided the prescribed fees are paid. (d) The Registrar shall not give access to or information about the contents of the patent application to third persons until the notice mentioned in paragraph (a) of this subsection is published. (e) 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 notice mentioned in paragraph (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 Sections 2, 3 and 5(3)(a) and 5(3)(b). The request shall 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 refers 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 any interested party may file with the Registrar information relevant to patentability as well as relevant evidence. (6) For the purposes of the examination of the patent application under subsection (5), the Registrar shall take into account (a) the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application; and/or (b) a search and examination report submitted under Section 8(2)(a)(i) relating to, or a final decision submitted under Section 8(2)(a)(iii) on the refusal to grant a patent on, a corresponding foreign application; and or/ (c) a search and examination report which was carried out upon his request by an external search and examination authority or by a specialized agency of the Government of Oman. Section 10 (1) Where the Registrar is of the opinion that the application complies with the conditions of Sections 2, 3, 5(3)(a) and 5(3)(b) and the Regulations pertaining thereto he shall grant a patent. Otherwise, he shall refuse the application and notify the applicant. (2) When he grants a patent, the Registrar shall: (a) publish a reference to the grant of the patent; (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 owner 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 patent going beyond the matter claimed in the initial application on the basis of which the patent was granted, otherwise it shall be without effect. Section 11 (1) A patent shall confer on its owner the right to prevent third parties from exploiting the patented invention in Oman. The right of the patent owner is defined by the claims. (2) For the purposes of this Act, “exploiting” a patented invention means any of the following acts: (a) when the patent has been granted in respect of a product: (i) making, importing, offering for sale, selling and using the product; (ii) 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: (i) using the process; (ii) 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: (i) producing or reproducing (multiplying); (ii) conditioning for the purpose of propagation; (iii) offering for sale; (iv) selling or other marketing; (v) exporting; (vi) importing; (vii) stocking for any of the purposes mentioned in (i) to (vi), above; (d) The provisions of paragraph (c) shall also apply in relation to (i) varieties which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety, (ii) varieties which are not clearly distinguishable from the protected variety and (iii) varieties whose production requires the repeated use of the protected variety. (iv) a variety shall be deemed to be essentially derived from another variety (“the initial variety”) when : - 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; - it is clearly distinguishable from the initial variety; and - 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, subject to subsection (4) hereof and Section 13, and in accordance with the provisions of Title IV, to institute court proceedings against any person who infringes the patent by performing, without his agreement, any of the acts referred to in Subsection (2) or who performs acts which make it likely that infringement will occur. (4) (a) The rights under the patent shall not extend: (i) 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, consequently exhausting the patent owner’s rights; or (ii) 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 (iii) to acts done only for experimental purposes relating to a patented invention; or (iv) to acts performed by any person who in good faith, before the filing or, where priority is claimed, the priority date of the application on which the patent is granted, was using the invention or was making effective and serious preparations for such use in Oman (the “prior user”); (v) to the acts of making, constructing, using, or selling the patented invention solely for uses reasonably related to the development 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 purposes related to generating such information, and that the product shall only be exported outside Oman for purposes of meeting marketing approval requirements of Oman. (b) With respect of patents granted for plants and plant varieties, the rights under those patents shall not extend to: (i) acts done privately and for non-commercial purposes; (ii) acts done for experimental purposes; and (iii) acts done for the purpose of breeding other varieties, including essentially derived varieties; (iv) within reasonable limits and subject to the safeguarding of the legitimate interests of the patent owner, any acts practiced by farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the patented variety or an essentially derived variety. (5) Without prejudice to the provisions of subsection 4(a) of this Section, the Minister shall have the authority, ex officio or at the request of any interested party, of declaring the patent rights exhausted, and thus of authorizing others to import the patented product or a product manufactured directly or indirectly by means of the patented invention (“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: (i) 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 (ii) 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: (a) If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the patent rights exhausted, the Minister shall, ex officio, or at the request of the patent owner, cancel the authorization. (b) If the conditions that gave rise to the Minister’s decision to consider the patent exhausted cease to exist, the Minister may, ex officio or at the request of the patent owner, cancel the authorization, 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. (6) The right of the prior user referred to in subsection (4)(a)(iv) of this Section 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. Section 12 (1) (a) Subject to Subsection (2), a patent shall 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, 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. Extensions shall be granted upon request by the patent owner and the payment of the prescribed fee. No extension longer than five (5) years beyond the normal expiry date shall be granted. Periods attributable to actions of the patent applicant shall not be included in the determination of such delays. (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 approval 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 marketing approval, provided that the delay is not attributable to actions of the patent applicant or patent owner. (2) In order to maintain the patent or patent application, a progressively increasing annual fee shall be paid in advance to the Registrar 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. If an annual fee is not paid in accordance with the provisions of this subsection, the patent application shall be deemed to have been withdrawn or the patent shall lapse. The Registrar may restore the lapsed patent at any time 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. Section 13 (1) (a) Where (i) the public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy so requires; or (ii) 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 in accordance with this subsection would remedy such practice; or (iii) 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; or (iv) the invention is not available in sufficient quantities or quality or at predetermined reasonable prices in Oman, either through manufacture in Oman or through importation; or (v) when a patent (the “second patent”) claiming an invention that involves an important technical advance of considerable economic significance in relation to an invention claimed in a patent (the “first patent”) without infringing which the second patent cannot be exploited. (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)(iv), before the expiration of a period of four years from the date of filing of the patent application or three years from the date of the grant of the patent, whichever periods expires last; it shall be refused if the patentee justifies his inaction or insufficient action by legitimate reasons. (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 Minister may, after hearing the parties, if either or both wish to be heard, vary the terms of the decision 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 the 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 Government agency or third person designated by him has failed to comply with the terms of the decision. (b) Notwithstanding paragraph (a), the Minister shall not terminate the compulsory license if he is satisfied that the need for adequate protection of the legitimate interests of the Government agency or third person designated by him justifies the maintenance of the decision or, if the compulsory license was granted to remedy an anti-competitive practice under subsection (1)(a)(ii), if and when the conditions which led to such compulsory license are likely to recur. (5) The compulsory license may only be transferred with the enterprise or business of that person or with the part of the enterprise or business within which the patented invention is being exploited. (6) The compulsory license shall always be non-exclusive. Therefore, it shall not exclude: (i) the exploitation of the invention by the patent owner himself, either through manufacture in Oman or through importation or both; and (ii) the conclusion of license contracts by the owner of the patent; and (ii) the continued exercise, by the owner of the patent, of his rights under Section 11(1), (2) and (3). (7) (a) A request for the compulsory license shall be addressed to the Minister. It shall be accompanied by evidence that the owner of the patent 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 and conditions and within a reasonable time. Unless the particular circumstances of the case show otherwise, a period of up to a maximum of six months between the date on which the patent owner was informed by the proponent of the request and the proposed conditions for a voluntary license and the date on which the proponent of the voluntary license was informed by the patent owner on his final decision to refuse the proposal shall be deemed a reasonable time. (b) Evidence concerning a previous attempt of obtaining a voluntary license, under paragraph (a), shall not be required in cases of national 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 notified of the Minister's decision as soon as reasonably practicable. (8) The exploitation of the invention by the Government agency or third person licensed by the Minister shall be predominantly for the supply of the market in Oman except when the compulsory license concerns a patent claiming a pharmaceutical product or a process of making a pharmaceutical product, and the purpose of the license is to export the patented products or the products manufactured by the patented process for a foreign territory or country with no or with insufficient manufacturing capacity, in accordance with the terms and conditions of the Decision of the General Council of the WTO of August 30, 2003. (9) Compulsory licenses of inventions in the field of semi-conductor technology shall only be granted for public non-commercial use or where a judicial or administrative body has determined that the manner of exploitation of the patented inventions, by the owner of the patents or his licensees, is 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)(v), (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 Section shall apply, where appropriate and mutatis mutandis, to pending patent applications, except in the case of insufficient availability of the patented product or of the product manufactured with the patented process. Section 14 (1) Any interested person may request the Court to invalidate a patent. (2) The Court shall have the authority to invalidate the patent if the person requesting the invalidation proves that any of the requirements of Sections 2, 3, 4 and 5(3)(a) and (b), is 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 inequitable conduct during the procurement of the patent letter. For the purposes of this Subsection, inequitable conduct is an act or 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 requirements shall not be ground for the invalidation of the patent unless the non-compliance in question 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 or part of a claim, shall be regarded 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 over the right to the patent, the interested person may ask the Court to transfer the title to him instead of invalidating it. (7) The final decision of the Court shall be notified to the Registrar who shall record it and publish a reference thereto according to the Regulations. PART II: UTILITY MODEL CERTIFICATES Section 15 Without prejudice to the following provisions, the provisions of Part I of Title I as well as other provisions that apply to patents and patent applications 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 similarities 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 shall 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 limited to the compliance, mutatis mutandis, of the provisions of Sections 5 and 9 as well as those of this Section. Section 16 (1) The owner of the certificate shall, in addition to any other rights, remedies or actions available to him, have the right, to institute court proceedings, in accordance with Title IV, against any person who infringes the certificate by performing, without his agreement, any of the acts referred to in Section 11(2)(a) or who performs acts which make it likely that infringement will occur. (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. Section 17 Subject to Section 12(2), a certificate shall expire 10 years after the filing date of the application for the certificate. Section 18 (1) (a) At any time before the examination of a patent application under Section 9(5) 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 utility 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 industrial designs certificate application, which shall be accorded the filing date of the initial application. (2) An application shall not be converted under Subsection (1) more than once. PART III: INDUSTRIAL DESIGNS Section 19 The protection under this Part does not extend to anything in an industrial design which serves solely to obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance. Section 20 (1) An industrial design is registrable if it is new. (2) An industrial design shall be new if it does 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 applicable, the priority date of the application for registration (“known designs”) or from combinations of features of known designs. (3) Sections 3(2)(c) and 7 shall apply mutatis mutandis to industrial designs, except that the period determined in Section 7(1)(b) shall be of six months. Consequently, the filing of the application in Oman before the expiration of the period referred to above shall 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 or any right of personal possession. (4) Industrial designs that are contrary to public order or morality shall not be registrable. Section 21 Section 4 shall apply mutatis mutandis to industrial designs. Section 22 (1) The application for registration of an industrial design shall be filed with the Registrar and shall contain a request, drawings, photographs or other 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-dimensional. The application shall be subject to the payment of the prescribed application fee. (2) Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant's right to the registration of the industrial design. (3) Two (2) or more, up to a maximum of one hundred (100), industrial designs may be the subject of the same application, provided they relate to the 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 for 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. Section 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 representation of the article embodying the industrial design. Section 9(1)(c) shall apply mutatis mutandis. (2) (a) Where the Registrar finds that the conditions referred to in Subsection (2) hereof 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 registration and issue to the applicant a certificate of registration of the industrial design; otherwise, he shall refuse the application. (b) Within ninety (90) days from the publication of the notice referred to in paragraph (a) of this Subsection, the applicant shall pay the prescribed fee, which shall be prescribed in a manner as to cover the 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 days if he is satisfied that the applicant was able to justify the failure to pay the fee timely. Otherwise, the applicant shall be cancelled by the Registrar. There shall be no restoration of cancelled designs. (3) (a) Notwithstanding Subsection (3), where a request has been made under Section 23(4) for deferment of publication, upon registration of the industrial design, neither the representation of the design 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 information 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. (b) The institution of legal proceedings on the basis 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 application has been communicated to the person against whom the action is brought. Section 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) Section 11(4)(a)(i) and (5) shall apply mutatis mutandis to registered industrial designs. (3) In accordance with Title IV, the registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, 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 performs acts which make it likely that infringement will occur. (4) The registration of an industrial design shall be for a period of five years from the filing date of the application for registration. If the owner so requests, according to the Regulations, and upon the payment of the prescribed fee, the registration shall be renewed for two further consecutive periods of five years. A period of grace of six months 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. Section 25 The provisions of Section 13 shall apply for mutatis mutandis to industrial designs. Section 26 The provisions of Section 14 shall apply mutatis mutandis to industrial designs. PART IV: LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS Section 27 (1) Protection under this Part may be obtained for layout-designs of integrated circuits if and to the extent that they are original and has not yet been commercially exploited, or has been commercially exploited for not more than two years, anywhere in the world. (2) A layout-design shall be considered 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 combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, is original within the meaning of subsection (1). Section 28 (1) The right to layout-design protection shall belong 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) Section 4 shall apply, mutatis mutandis, to layout-designs. Section 29 (1) Protection under this Act shall not depend upon whether or not the integrated circuit which incorporates the protected layout-design is itself incorporated in an article. Subject to subsection (2), the protection shall have the effect that the following acts shall be unlawful if performed without the authorization of the right holder: (i) 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 Section 29; (ii) importing, selling or otherwise distributing for commercial purposes the protected layout-design, an integrated circuit in which the protected layout-design is incorporated or an article incorporating such an integrated circuit in so far as it continues to contain an unlawfully reproduced layout-design. (2) The effect of protection of a layout-design under this Act shall not extend to: (i) reproduction of the protected layout-design for private purposes or for the sole purpose of evaluation, analysis, research or teaching; or (ii) the incorporation in an integrated circuit of a layout-design created on the basis of such analysis or evaluation and which is itself original in the meaning of Section 37 or the performance of any of the acts referred to in subsection (1) in respect of that layout-design; or (iii) the performance of any of the acts referred to in subsection (1)(ii) where the act is performed in respect of a protected layout-design, or in respect of an integrated circuit in which such a layout-design is incorporated, that has been put on the market in Oman by, or with the consent of, the right holder, and consequently exhausting the rights of the right holder; or (iv) the performance of any of the acts referred to in subsection (1)(ii) in respect of an integrated circuit incorporating an unlawfully reproduced layout-design or any article incorporating such an integrated circuit where the person performing or ordering such an act did not know and had no reasonable ground to know, when acquiring the integrated circuit or the article incorporating such an integrated circuit, 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 and shall be liable to pay to the right holder a sum equivalent to a reasonable royalty such as would be payable under a freely negotiated license in respect of such a layout-design; or (v) the performance of any of the acts referred to in Subsection (1)(ii) where the act is performed in respect of an identical layout-design which is original and has been created independently by a third party. Section 30 (1) Without prejudice to the provisions of Subsection 2(iii) of this Section, the Minister shall have the authority, ex officio or at the request of any interested party, of declaring the layout-design certificate rights exhausted, and thus of authorizing others to import the acquiring the registered integrated circuit or the article incorporating such an integrated 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: (i) 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-design certificate or with his consent; and (ii) 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 or by a person under his control. (2) the Minister shall, ex officio, or at the request of the right holder, cancel the authorization. ( a )If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the right holder’s rights exhausted, ( b ) If the conditions that gave rise to the Minister’s decision to consider the right holder’s rights exhausted cease to exist, the Minister may, ex officio or at the request of the right holder, cancel the authorization, 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. Section 31 Protection of a layout-design under this Act shall commence: (1) on the date of the first commercial exploitation, anywhere in the world, of the layout-design by, or with the consent of, the right holder, provided an application for protection is filed by the right holder with the Registrar’s Office within the time limit referred to in Section 28(2), or (2) on the filing date accorded to the application 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. Section 32 (1) Applications for the registration of layout-designs shall be in writing and shall be filed with the Registrar’s Office. A separate application shall be filed for each layout-design. The application shall: (i) contain a request for registration of the layout-design in the Register of Layout-Designs and a brief and precise designation thereof; (ii) indicate the name, address, nationality and, if different from the address, the habitual residence of the applicant; (iii) be accompanied by the power of attorney appointing the representative of the applicant, if any, and by a copy or drawing of the layout-design along with information defining the electronic function which the integrated circuit is intended to perform; however, the application may omit such parts of the copy or drawing that relate to the manner of manufacture of the integrated circuit, provided that the parts submitted are sufficient to allow the identification of the layout-design; (iv) specify the date of first commercial exploitation of the layout-design anywhere in the world or indicate that such exploitation has not commenced; and (v) provide particulars establishing the right to protection under Section 30. (2) Where the application does not duly comply with the requirements of subsection (2), the Registrar shall notify the applicant of the defects and invite him to correct them within two (2) months. If the defects are corrected within the time limit, the Registrar shall accord as the filing date the date of receipt of the application, provided that, at the time of receipt, the application contained an express or implicit indication 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-design. Where the latter requirements were not complied with at the date of receipt of the application but are corrected within the time limit, 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 the 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, the Registrar’s Office shall notify the applicant that the application will be deemed not to have been filed unless payment is made within two (2) months from the date of the notification. If the application fee is not paid within that time limit, the application shall be deemed not to have been filed. Section 33 (1) Where the application complies with the requirements of Section 33, the Registrar shall register the layout-design in the Register of Layout-Designs without examination of the originality of the layout‑design, the applicant's entitlement to protection or the correctness of the facts stated in the application. (3) Any person may consult the Register of Layout‑Designs and obtain extracts there from, subject to the payment of the prescribed fee. (4) The registration of a layout-design shall be published in the Official Gazette. Section 34 The provisions of Section 13 shall apply for mutatis mutandis to layout-designs. Section 35 The provisions of Section 14 shall apply mutatis mutandis to layout-designs. TITLE II: DISTINCTIVE SIGNS PART I: TRADE MARKS, SERVICE MARKS, COLLECTIVE MARKS, TRADE NAMES AND CERTIFICATION MARKS Section 36 (1) The exclusive right to a mark, as conferred by this Act, shall be acquired by registration in accordance with the provisions thereof. (2) A mark cannot be validly registered: (i) if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises; the scent or taste or other material characteristic of goods shall not be deemed capable of distinguishing the goods when they result normally from the common composition of those goods; (ii) 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; (iii) 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 their nature or characteristics; the provisions of Sections 57 and 58 shall apply; (iv) if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization; (v) 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 for 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 which registration is applied for, provided, in the latter case, that use of the mark 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; (vi) 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; (vii) if the application has been made in bad faith or where the sign, if registered, would serve unfair competition purposes. (3) Notwithstanding the provisions of subsection 2(1), 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. (4) In case of honest concurrent use, or of other special circumstances which in the opinion of the Court or the Registrar make it proper to do so, the Court or the Registrar may permit the registration of marks that are identical or nearly resemble each 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, if any, as the Court or the Registrar, as the case may be, may think it right to impose, provided that such use does not result in misleading the public and is not contrary to the public interest. (5) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other in respect of the same, similar or related goods or services or description 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 consumers 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 Subsection (2)(i). 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 (“common name”) (7) For the purposes of Subsection (2)(v), in determining whether a mark is well known, it shall be taken into account the knowledge of the mark in the relevant sector of the public in Oman, including knowledge which has been obtained as a result of the promotion of the mark. (8) For the purposes of Subsection (2)(vi), in the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. (9) The prior user of a mark which is not in the Register or which is not subject to a pending application under Subsection (2)(vi), may oppose an application for a registration by another person of a similar or identical mark for similar or identical goods, in accordance with this Section and the Regulations thereto, provided he: (i) submits evidence that he has used that mark in good faith for at least six months prior to the filing date or the priority date, if applicable; (ii) submits evidence that he has acquired clientele and that clientele attributes some reputation to the mark; and (iii) 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 similar or identical mark to one that has lapsed, under Section 41(2), or or been abandoned, under Section 44(1), for similar or identical goods or services shall be admitted only after a period of at least three (3) years has passed from the date on which notice of the termination of the mark was published in the Official Gazette. This Subsection does not apply to the licensee of the mark that is licensed and abandoned under Section 44(1). (11) Goods or services may not be considered as being similar to each other solely on the ground that, in any registration or publication, 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. Section 37 (1) (a) The application for registration of a mark shall be filed with the Registrar and shall contain a request, a reproduction of the mark and a list of the goods or services for which registration of the 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 sign that is not visually perceptible, the application shall contain a graphical reproduction of the mark. Such reproduction shall be specific and may not consist merely of a general description of the sign. (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 principal parts of the mark which are in that color. (d) Where the applicant wishes to apply for a three-dimensional mark, he shall submit a statement to that effect. (2) (a) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, 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 the prescribed time limit, a copy of the earlier application, certified as correct by the Registry with which it was filed. Consequently, the filing of that application in Oman before the expiration of the period referred to in subsection (c) shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing or the use of the mark, and such acts cannot give rise to any third–party right or any right of personal possession. (3) The applicant may at any time withdraw his application or restrict the goods or services covered by the application. Section 38 (1) (a) The Registrar shall examine whether the application complies with the requirements of Section 38(1) and the Regulations pertaining thereto. (b) The Registrar shall examine and determine whether the mark is a mark as defined in Section 1 and is registrable under Section 37(2)(i) to (vi). (2) (a) Where the Registrar finds that the conditions referred to in subsection (1) hereof are fulfilled, he shall forthwith cause the application, as accepted, to be published in the prescribed manner. (b) Any interested person may, within the period of ninety (90) days and in the prescribed manner, give notice to the Registrar of opposition, which shall be reasoned and in writing, to the registration of the mark on the grounds that one or more of the requirements of Sections 1 and 37(2) and the Regulations pertaining thereto are not fulfilled. (c) The Registrar shall publish a notice of the opposition in the Official Gazette, and, within the period of ninety (90) days and in the prescribed manner, the applicant may send to the Registrar a counter-statement of the grounds on which he relies for his application; if he does not do so, he shall be deemed to have abandoned the application. (d) If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof 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 be registered. (3) (a) Where the Registrar finds that the conditions referred to in Subsection (1) are fulfilled, and either: (i) the registration of the mark has not been opposed within the prescribed time limit; or (ii) the registration of the mark has been opposed and the opposition has been 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. Otherwise, he shall refuse the application. (b) The applicant shall be given a notice of the refusal and its motives without undue delay. (i) 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 Court, without the need for contesting it. The provisions of Section 111 shall apply. (ii) In the event the applicant has contested the refusal but the Registrar has maintained it, the applicant may appeal from that decision to the Court, in accordance with the provisions of Section 111. (4) (a) Every mark duly registered in the territory or country of origin that is a Member of the Paris Union or of the World Trade Organization or that maintains a relation of reciprocity with Oman in this regard (“the country of origin”), shall be accepted for filing and protected in Oman, subject to the reservations indicated in this Subsection. The Registrar shall, before proceeding to final registration, require the production of a certificate of registration in the country of origin, issued by the competent authority. No authentication shall be required for this certificate. (b) Shall be considered the country of origin the country of the Union or the Member of the WTO where the applicant has a real and effective industrial or commercial establishment, or, if he has no such establishment within the Union or in the territory of a WTO Member, the country where he has his domicile, or, if he has no domicile within the Union or in a territory of a WTO member but is a national of a country of the Union or of a WTO Member, the country of which he is a national. (c) Trademarks covered by this subsection may be neither denied registration nor invalidated except in the following cases: (i) when they are of such a nature as to infringe rights acquired by third parties in Oman; (ii) when they are devoid of any distinctive character, or consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of the goods, or the time of production, or have become customary in the current language or in the bona fide and established practices of the trade of the country where protection is claimed; (iii) when they are contrary to morality or public order and, in particular, of such a nature as to deceive the public. It is understood that a mark may not be considered contrary to public order for the sole reason that it does not conform to a provision of this Part, except if such provision itself relates to public order. (d) The provisions of paragraph (c) of this Subsection are subject, however, to the application of provisions of Title III. (e) In determining whether a mark is eligible for 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 country of origin only in respect of elements that do not alter its distinctive character and do not affect 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 Subsection 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 fixed by Section 38(2)(c), even if registration in the country of origin is effected after the expiration of such period. Section 39 (1) The owner of a registered mark shall have the 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 services related to those in respect of which the mark is registered, where such use would result in a likelihood of confusion, without prejudice to the provisions of Subsections (3), (4) and (5). The provisions of Section 37(8) shall apply. (2) In accordance with Title IV, the owner of a registered mark shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the mark by using, without his consent, the mark as aforesaid or who performs acts which 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 registered owner or with his consent, and therefore shall be exhausted. Section 40 (1) Without prejudice to the provisions of Subsection (3), 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 authorizing others to import the product identified by or bearing a registered or otherwise protected trademark (“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: (i) 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 (ii) a similar or identical trademark is registered 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) If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the trademark rights exhausted, the Minister shall, ex officio, or at the request of the trademark owner, cancel the authorization. If the conditions that gave rise to the Minister’s decision to consider the trademark rights exhausted cease to exist, the Minister may, ex officio or at the request of the trademark owner, cancel the authorization, 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 provisions of subsection (1) shall 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, under Title III. (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 generic pharmaceutical products and medical devices, or with the purpose of discouraging the public consumption of goods that are deemed prejudicial to 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. Section 41 (a) The registration of a mark shall be for a period of ten years from the filing date of the application for registration. (b) The registration of a mark may, upon request, be renewed for consecutive periods of ten years, provided that the registered owner pays the prescribed renewal fee. (c) A period of grace of six (6) months shall be allowed 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. Section 42 (1) (a) Any interested person may request the Court to invalidate the registration of a mark. (b) The request of invalidation can be filed within a period of five (5) years from the date of issuance of the registration certificate, unless the registration was obtained in bad faith or in violation of Section 37(2)(vii), in which cases the request can be filed without any time limits. (c) The Court shall invalidate the registration if the person requesting the invalidation proves that any of the requirements of Sections 1 and 37 is not fulfilled, or the provisions of Sections 57 and 58 are not complied with. (d) Any invalidation of a registration of a mark shall be deemed to have been effective as of the date of registration, and it shall be recorded and a reference thereto published as soon as possible. (2) Any interested person may request the Registrar 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 years or longer, provided that a mark shall not be removed if it is shown that special circumstances prevented the use of the mark, such as import restrictions or other government or market impediments to commercialization, and that there was no intention not to use or to abandon the same in respect of those goods or services. Section 43 (1) (a) Subject to subsections (2) and (3), Sections 37 to 41 shall apply to collective marks. (b) 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) (a) An application for registration of a collective mark shall designate the mark as a collective mark and shall be accompanied by a copy of the Rules, if any, governing the use of the collective mark. (b) Any changes made in respect of the Rules referred to in paragraph (a) shall be communicated to the Registrar. Section 44 (1) Subject to Sections 44 and 45, the provisions of Sections 37 to 41 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 governing its use. These provisions apply to all certification marks, including those that are owned by governmental agencies. (2) The owner of a certification mark may not use the sign to identify or certify his own goods or services. (3) In addition to the grounds provided in Section 41(1)(c), the Court shall invalidate the registration of a certification sign if the person requesting the invalidation proves that the owner of the certification mark uses it, or that he permits its use in contravention of the Rules referred to in Subsection (1) 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. Any interested person can file a request for invalidating certification marks, including, but not limited to, the Registrar, the Public Prosecutor, the competitors of the owner, the producers of the certified goods or services, as well as associations and organizations that legitimately represent the consumers concerned. Section 45 1- (a) Any license contract concerning the registration of a mark, or an application therefor, shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used, where such control is appropriate and/or necessary. 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 may be alleged as a personal defense in infringement proceedings. (b) The abandonment of a mark shall be deemed to have been effective as of the date on which the license contract has become effective, and it shall be recorded and a reference thereto published in the Official Gazette in accordance with the Regulations. 2- The registration of a collective mark, or an application therefor, 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 provision shall not apply to certification marks. Section 46 Limitations to the Rights in Certification Marks Any person who has proved to comply with the technical standards and other conditions of the Rules mentioned in Section 43(1) shall not be refused the right to use the certification sign in the same conditions established by those Rules. Section 47 (1) A name or designation may not be used as a trade 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) Notwithstanding any laws or regulations providing for any obligation to register the businesses identified by trade names, such names shall be protected, even prior to or without registration, against any unlawful act committed by third parties. (b) In particular, any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be deemed unlawful. PART II: GEOGRAPHICAL INDICATIONS Section 48 For the purposes of this Part: (a) “good” means any natural or agricultural product or any product of handicraft or industry; (b) “producer” means: (i) any producer of agricultural products or any other person exploiting natural products, (ii) any manufacturer of products of handicraft, or industry, and (iii) any trader dealing in the said products; Section 49 Protection under this Act shall be available (a) against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory. (b) 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 exploitation of the reputation of the trademark. Section 50 In the case of homonymous registered geographical indications for goods, protection shall be accorded to each indication, subject to paragraph (b) of Section 49. The Registrar, in cases of permitted concurrent use of such indications, shall determine the practical conditions under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled. Section 51 The following shall not be protected as geographical indications: (a) indications which do not correspond to the definition in Section 1; (b) indications which are contrary to public order or morality; (c) geographical 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 similar to a mark currently registered or pending registration in good faith; and (f) indications that may be confusingly similar to a preexisting mark for which the rights have been acquired in accordance with national law. Section 52 (1) The application for registration of a geographical indication shall be filed with the Registrar. The following shall have the right to file an application: (a) 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, as well as groups of such persons; (b) any competent authority. (2) The Registrar may, ex officio or per request of any of the persons designated in Subsection 2(a), file for, obtain and enforce the registration of geographical indications with respect to goods where the producers of those goods are not formally organized or associated and therefore may not apply for, obtain and enforce the registration of geographical indications. In such an event, those geographical indications are governed by the other provisions of this Act except for the competence for seeking their registration and protection in Oman as well as in other countries. 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 applicable laws or regulations. (3) The rights conferred by the registration of geographical indications shall be without prejudice of the protection of geographical indications as trademarks, collective marks or certification marks as well as under the provisions relating to the repression of unfair competition, under this Act. Section 53 (1) The Registrar shall examine whether the application complies with the requirements of Sections 1, 51, 52(2) and 53 and the Regulations pertaining thereto. Where the Registrar finds that the conditions referred to in Subsection (1) hereof are fulfilled, he shall cause the application, as accepted, to be published in the prescribed manner. Any interested person or competent authority may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition, which shall be reasoned and in writing, to the registration of the geographical indication on the grounds that one or more of the requirements mentioned in Subsection (1) have not been met. ( 2 ) (a) The Registrar shall give notice of the opposition 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, of the grounds on which he relies for his application; if he does not do so, he shall be deemed to have abandoned the application. (b) If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof 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 geographical indication should be registered. (3) Where the Registrar finds that the conditions referred to in subsection (1) are fulfilled. The registration of the geographical indication has not been opposed within the prescribed time limit The registration of the geographical indication has been opposed and the opposition has been decided in the applicant's favour, he shall register the geographical indication, publish a reference to the registration and issue to the applicant a certificate of registration. Otherwise, he shall refuse the application. (4) Both the decisions of refusal or of acceptation by the Registrar may be the subject of an appeal to the Court, in accordance with the provisions of Section 111. Section 54 (1) Producers carrying on their activity in the geographical area specified in the Register relating to a particular geographical indication 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 Section 40 apply mutatis mutandis to geographical indications. Section 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 having regard to Sections 1, 51, 52(2) and 53; (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 other characteristic of such products is missing or unsatisfactory. (2) In any proceedings under this Section, notice of the request for invalidation or rectification, shall be served on the person who filed the application for registration of the geographical indication or his successor in title and shall, by a publication in the Official Gazette, be given to all persons having the right to use the geographical indication under Section 54. The persons and any other interested person may, within a period which shall be specified by the Court not less than ( 30 days ) in the said notice, apply to join in the proceedings. Section 56 The Court shall, ex officio or at the request of an interested party, 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 the public as to the true place of origin. Section 57 The registration of a trademark for goods which contains or consists of a rgistered geographical indication shall be refused or invalidated by the Registrar or the Court, ex officio or at the request of an interested party, with respect to such goods not having this origin. Section 58 ( 1 ) Nothing in this Act shall prevent continued and similar use in Oman of a particular geographical indication of another country in connection with goods or services by any national or domiciliary of Oman who have used that geographical indication in a continuous manner with regard to the same or related goods or services in the territory of Oman for at least 10 years preceding April 15, 1994 or in good faith preceding that date. (2) Where a distinctive sign has been applied for or registered in good faith in Oman, or where rights to a distinctive sign have been acquired through use in good faith in Oman or through its having become well-known in Oman before November 9, 2000 or before the geographical indication is protected in its country of origin, ( 3 ) this Act shall not prejudice 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 with, or similar to, a geographical indication. (4) Nothing in this Act shall apply in respect of a 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 relevant indication is identical with the customary name of a grape variety existing in Oman as of January 1, 1995. (5) Any request for relief made under Title IV of this Act 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 trademark in Oman, provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in Oman and provided that the geographical indication is not used or registered in bad faith. (6) This Act shall in no way prejudice 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 name is used in such a manner as to mislead the public. Section 49 Subject to the provisions of Title IV, any interested person and any interested group of producers or consumers may institute proceedings in the Court to prevent, in respect of geographical indications, (a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; (b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention; or (c) use of a registered geographical indication identifying any goods not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like. TITLE III: PROTECTION AGAINST UNFAIR COMPETITION Section 60 (1) The provisions of this Title shall apply independently of, and in addition to, any legislative provisions protecting inventions, utility models, industrial designs, layout-designs, distinctive signs, literary and artistic works and other intellectual property subject matter. (2) (a) In addition to the acts and practices referred to in Articles 61 to 65, any act or practice, in the course of industrial or commercial activities, that is contrary to honest practices shall constitute an act of unfair competition. (b) An act or practice that is contrary to honest practices, for the purposes of this Title, 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. An act or practice that is contrary to honest practices, for the purposes of this Title, shall also mean acts of breach of legal duties in general when their purpose or they consequence is to obtain 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 Title IV. Section 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 (i) a trademark, whether registered or not or a trade name. (ii) any distinctive sign other than a trademark or a trade name (iii) ; the appearance of a product or the presentation of products or services as well as of the place of business] Section 62 (1) Any act or practice, in the course of industrial or commercial activities, that damages, or is likely to damage, the goodwill or reputation of another’s enterprise shall constitute an act of unfair competition, regardless of whether such act or practice causes confusion. (2) (a) Damaging another’s goodwill or reputation may, in particular, result from the dilution of the goodwill or reputation attached to (i) a trademark, whether registered or not; (ii) a trade name; (iii) any distinctive sign other than a trademark or a trade name; (iv) the appearance of a product; (v) the presentation of products or services as well as of the place of business; (vi) a celebrity or a well-known fictional character. (b) For the purposes of these provisions, “dilution of goodwill or reputation” means the lessening of the distinctive character or advertising value of a trademark, trade name or other business identifier, the appearance of a product or the presentation of products or services or of a celebrity or well-known fictional character. Section 63 (1) Any act or practice, in the course of industrial or commercial activities, that misleads, or is likely to mislead, the public with respect to an enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an act of unfair competition. (2) Misleading may arise out of advertising or promotion and may, in particular, occur with respect to (i) the manufacturing process of a product; (ii) the suitability of a product or service for a particular purpose; (iii) the quality or quantity or other characteristics of products or services; (iv) the geographical origin of products or services; (v) the conditions on which products or services are offered or provided; (vi) the price of products or services or the manner in which it is calculated. Section 64 (1) Any false or unjustifiable allegation, in the course of industrial or commercial activities, that discredits, or is likely to discredit, another’s 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 (i) the manufacturing process of a product; (ii) the suitability of a product or service for a particular purpose; (iii) the quality or quantity or other characteristics of products or services; (iv) the conditions on which products or services are offered or provided; (v) the price of products or services or the manner in which it is calculated. Section 65 (1) Any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of undisclosed information without the consent of the person lawfully in control of that information (hereinafter referred to as “the rightful holder”) and in a manner contrary to honest commercial practices shall constitute an act of unfair competition. For the purposes of this Section, “a manner contrary to honest commercial practices” 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. (2) For the purposes of this Section, information shall be considered “undisclosed information” if it has secret in the sense that it is not, as a body or in the precise configuration 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 or 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 (i) an unfair commercial use by a governmental authority of undisclosed test or other data concerning safety and efficacy of the product which have been submitted to that authority as a condition of obtaining approval of the marketing of new pharmaceutical or agricultural chemical products, or (ii) 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) For the purposes of this Subsection, 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) Subsection (4)(a)(i) shall be construed as precluding any governmental agency, without the consent of the person or entity who first obtained marketing approval of a pharmaceutical or agricultural chemical product in Oman (the originator) from relying on or referring to the undisclosed test data or other undisclosed data submitted by the originator, for the purposes of approving any other product, for at least five (5) years for pharmaceutical products, and ten (10) years for agricultural chemical products, from the date of marketing approval in Oman (b) The provisions of paragraph (a) of this Subsection shall apply, mutatis mutandis, in the event Oman adopts the practice of granting marketing approval based on evidence of marketing approval granted in another territory. (c) Where the competent authority of Oman requires or permits, as a condition of granting marketing approval for a pharmaceutical product that includes a chemical entity that has been previously approved for marketing in another pharmaceutical 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 authority shall not, without the consent of the originator, authorize another to market a same or a similar product based on the new clinical information submitted in support of the marketing approval or evidence of the marketing approval based on the new clinical information, for at least three years from the date of marketing approval in Oman. (d) The provisions of paragraph (c) of this Subsection shall apply, mutatis mutandis, in the event Oman adopts the practice of granting marketing approval based on evidence concerning new clinical information for a product that was previously approved based on that new clinical information in another territory. (e) Where the originator’s product is covered by a patent in force in the territory of Oman, the competent authority, notwithstanding the provisions of this Subsection, but without prejudice to the provisions of paragraph (e), shall not approve another product without the prior consent of the patent owner. If a request of marketing approval that requires or implies reliance on the originator’s undisclosed data is submitted by another person during the term of a patent, the competent authority shall inform the patent owner of such a request. TITLE IV: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS Part I: Infringement Proceedings Section 66 (1) Subject to Sections 11, 13 and 17, an infringement of a patent or a utility model shall consist of the performance of any act referred to in Section 11(2) in Oman by a person other than the owner of the patent 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 compulsory 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 ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement and, where the infringer acted knowingly or with reasonable grounds to know, award damages and grant any other remedy provided for in the general law or under Chapter 4 of this Title. (3) The remedies provided to owners of patents in Oman shall be also available, whenever appropriate, to the owners of foreign patents that have been the subject of a compulsory license for the purposes of supplying the market of Oman of pharmaceutical products, under the scheme established by the Decision of the WTO General Council of August 30, 2003, 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 for the purposes of this Subsection ex officio. In this event, they shall notify the right holder of the suspension of release who shall have ten days for providing adequate evidence that the retained products prima facie correspond to the claims of the patent in question. (4) Without prejudice to the provisions of Subsection (3), the same border measures that are available under Section 83 for the suspension by the customs authorities of the release into free circulation of counterfeit trademark and pirated copyright goods shall also apply to prevent the unauthorized importation or re-exportation of the products that have actually been imported into the territory of Oman under the scheme referred to in Subsection (3). Border measures under Section 89 may also be determined for the same purpose. (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 years from the date of filing of the patent application or three years from the date of the grant of the patent, the plaintiff or a person with his authorization is not, or has not taken 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 plaintiff’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 there is no competing product on the market; (d) the patent owner has engaged in other abusive practives, including anti-competitive practices, as determined by the Court or by a competent administrative authority; (f) the patent owner is found to have engaged in inequitable conduct during the procurement of the patent letter; this paragraph applies without prejudice to the provisions of Section 15(3). (6) (a) With respect to a medical practitioner’s 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, the provisions of Title IV of this Act shall not apply against the medical practitioner or against a related health care entity with respect to such medical activity. (b) For the purposes of this Subsection: (i) the term “medical activity” means the performance of a medical or surgical procedure on a body, but shall not include (i) the use of a patented machine, manufacture, or composition of matter in violation of such patent, (ii) the practice of a patented use of a composition of matter in violation of such patent, or (iii) the practice of a process in violation of a biotechnology patent; (ii) the term “medical practitioner” means any natural person who is licensed by a State to provide the medical activity described in paragraph (b)(1) or who is acting under the direction of such person in the performance of the medical activity; (iii) 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, group medical practice, or a medical clinic; Section 67 (1) Subject to Section 40(3), 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 Sections 40(1) and 46 in Oman by a person other than the owner of the mark or of the trade 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: (i) 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 (ii) 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 registered 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 of the mark to institute court proceedings for a specific relief and the owner of the mark has refused or failed to do so within ninety-days, the Court may grant an injunction to prevent infringement, or an imminent infringement, award damages and grant any other remedy provided for in the general law or under this Title. The Court may also, on the request of any competent authority or any interested person, group association or syndicate, including producers, manufacturers or traders, grant the same relief where it is satisfied that an act of infringement referred to in Section 40 has been committed or is imminent. Section 68 (1) An infringement of an industrial design registered under this Act shall consist of the performance of any act referred to in Section 25(2) by a person 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 ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement, award damages and grant any other remedy provided for in the general law or under this Title. Section 69 (1) An infringement of a geographical indication protected under this Act shall consist of the performance of any act referred to in Section 55 or any use of a geographical indication by a person who has no right to use the geographical indication in accordance with this Act. (2) On the request of any interested person or of any interested group of producers or consumers, or any competent authority under Section 52, the Court may grant an injunction to prevent the unlawful use of the geographical indication, award damages and grant any other remedy provided for in the general law or under this Title. Section 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 referred to in Section 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-design (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 specific relief and the owner has refused or failed to do so within ninety days, the Court may grant an injunction to prevent infringement or an imminent infringement, award damages and grant any other remedy provided for in the general law or under this Title. Section 71 (1) The provisions of this Title shall apply to prevent or to remedy any act of unfair competition subject to the provisions of Sections 60 to 65. (2) Where an act under Section 65(4) and (5) is considered by the Court to constitute an act of unfair competition, the Court shall order: (a) the government authority to cancel the marketing approval; (b) 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; (c) the government authority to pay adequate damages for the unauthorized disclosure of the data; (d) the competitor of the undisclosed data holder to pay adequate damages for the marketing of the products the registration of which has constituted an act of unfair competition. Section 72 Time Limits Civil proceedings under Sections 66 to 71 can be initiated within five years from the date on which the right holder knew or had 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. PART II: Provisional Measures Section 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 referred to in Part I of this Title from occurring 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: (i) any reasonably available evidence satisfying 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 (ii) any security or equivalent assurance required by the Court to protect the defendant and to prevent abuse; such security or equivalent 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 without giving the other party an opportunity of being heard shall be acted upon expeditiously and shall, except in exceptional cases, generally be executed within ten days. (4) Where provisional measures have been ordered under Subsections (2) and (3), the defendant may file a request for review with the Court within two (2) weeks from the notification of the decision. In the review proceedings, the Court shall give the parties concerned an opportunity of being heard and shall confirm, modify or revoke the decision within a reasonable period after the notification of the decision. (5) Where the applicant does not initiate court proceedings 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 on the merits of the case in proceedings under Subsection (5) initiated by the applicant that there has been no infringement or threat of an infringement, the Court shall order the applicant, upon the request of the defendant, to provide the defendant appropriate compensation for any injury caused by the execution of the provisional measures. (7) The measures of this Section aiming at preserving relevant evidence shall also be available before the granting of the pending registration, if the Court so deems necessary. In that event, the applicant shall initiate Court proceedings leading to a decision on the merits of the case 20 working days or 31 calendar days, whichever is the longer, from the publication of the grant of the pending registration. PART III: EVidence; Burden of Proof Section 74 (1) The Court may, where a party has presented 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 evidence 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 information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, the Court may make preliminary and final determinations, affirmative or negative, on the basis of the information presented to it, including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or evidence. (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 the 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: (i) if the product obtained by the patented process is new, or (ii) if there is a substantial likelihood that the identical product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used. (4) In civil judicial proceedings concerning trademark counterfeiting, the Court shall have the authority to order the seizure of suspected infringing goods, any related materials and implements, and documentary evidence relevant to the infringement. (5) In the event that the Court appoints technical or other experts in civil proceedings concerning the enforcement of intellectual property rights and require that the parties to the litigation bear the costs of such experts, the Court shall seek to ensure that such costs are closely related, inter alia, to the quantity and nature of work to be performed and do not unreasonably deter recourse to such proceedings. PART IV: Damages; Other Remedies Section 75 (1) (a) Where damages are awarded in accordance with Sections 66 to 71, the Court shall order the infringer to pay the right holder adequate compensation for the infringement of his intellectual property right. (b) In the case of trademark infringement, the Court shall order the accounting of the profits of the infringer that are attributable to the infringement and that are not taken into account in computing the amount of the damages referred to in paragraph (a). In civil judicial proceedings concerning trademark infringement, the Court shall establish or maintain pre-established damages, which shall be available on the election of the right holder. Pre-established damages shall be in an amount sufficient to constitute a deterrent to future infringements and to compensate fully the right holder for the harm caused by the infringement. (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 concerning patent infringement, the 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: (i) on the date or subsequent to the date on which public notice, if any, of the application of the registration was given through the Official Gazette; or (ii) on the date or subsequent to the date on which the applicant of the registration gave notice to the alleged infringer of the contents of the application; or (iii) on the date or subsequent to the date on which the alleged infringer acquired knowledge of the contents of the application. (3) The request for the Court to order the payment of damages under Subsection (2) may be filed only after the title of industrial property right in question is granted. Section 76 (1) Where goods have been found to be infringing, the Court shall order, without compensation of any sort, that these goods be destroyed, except in exceptional circumstances. (2) In respect of counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, to permit release of the goods into the channels of commerce. (3) The Court shall order that materials or implements the predominant use of which has been the creation of infringing goods be destroyed or, in exceptional circumstances, be disposed of outside the channels of commerce without compensation of any sort in such a manner as to minimize the risks of further infringement. Section 77 In civil judicial proceedings concerning the enforcement of the rights protected by this Act, the Court shall have the authority to order the infringer to provide any information that the infringer possesses regarding any person or persons involved in any aspect of the infringement and regarding the means of production or distribution channel of such goods or services, including the identification of third persons involved in the production and distribution of the infringing goods or services or in their channels of distribution, and to provide this information to the right holder. The Court shall order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or rendering of services and of their channels of distribution. Section 78 The Court shall order an applicant at whose request measures were taken and who has abused enforcement procedures to provide to a defendant wrongfully enjoined or restrained adequate compensation for the injury suffered by virtue of such abuse. Where this is considered adequate in view of the seriousness of the abuse, the Court shall also order the person having abused enforcement procedures to pay the other party expenses including appropriate attorney's fees. Part V: Border Measures Chapter I: Border Measures by the Customs Department Section 79 (1) (a) Where the right holder requests that the Customs Service suspend the customs clearance procedures and release into free circulation of goods, the right holder shall provide sufficient prima facie evidence that the importation of counterfeit trademark goods is taking place or is imminent. The right holder shall also to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that 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 unreasonably 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 circulation was suspended on Customs own initiative, the Customs Department shall notify the right holder about the suspension of release into free circulation, and may require a security a security in accordance with Section 93 and to inform him that, if the required security has not been provided within three (3) working days from receipt of the notification, the goods will be released into free circulation. (3) Where the Customs Department is requested by the right holder to take action under subsection (1), Sections 92 to 94 shall apply mutatis mutandis. Section 80 Where the Customs Department has suspended customs clearance in accordance with Section 83, it shall notify the importer and, where known, the right holder of the alleged infringement and of the suspension. Section 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. Section 82 (1) Where the customs clearance of goods has been suspended by the Customs Department under Section 79, the Customs Department shall inform the right holder of the names and addresses of the importer, consignor and consignee and of the quantity of the said goods, and (2) Upon request, the Customs Department shall also, without prejudice to the protection of confidential information, provide the right holder with copies of documents lodged in respect of such goods or with any information or documents relating to any previous importation of identical or similar goods in which the same importer, consignor or consignee were involved. Chapter II: Border Measures by Court Order Section 83 Border measures shall, where the conditions set out in this Chapter are met, be ordered by the Court to prevent the importation of goods which infringe intellectual property rights conferred in Oman under this Act. Border measures shall also be granted to prevent the importation of goods the production and or the commercialization of which in Oman is an act of unfair competition, in accordance with this Act. Section 84 The holder of an intellectual property right, who has valid grounds for suspecting that the importation of goods that infringe his rights may take place, may file an application with the Court requesting it to order the Customs Department to suspend customs clearance of those goods. Section 85 In accordance with Section 91, the decision by the Court to suspend the 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. The Court shall forward its decision granting the application by the right holder without delay to the Customs Department which shall be liable to take action in respect of the goods alleged to be infringing. 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. Section 86 The Court may order the applicant to pay the importer, the consignee and the owner of the goods appropriate compensation for any injury caused to them 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 Section 97. Chapter III: Proceedings Leading to Decisions on the Merits of the Case Section 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 and, where the Customs Department has taken the decision to suspend the release into free circulation of the goods, the Customs Department has not been notified accordingly, the goods shall be released, provided that all other conditions for importation have been complied with. (2) The Customs Department may, where it considers an extension of the said period to be appropriate under the circumstances, extend the period of suspension by a period not exceeding another 10 working days. The Court may extend the period by any period it considers reasonable under the circumstances. . The owner, importer or consignee of the goods shall be entitled to their release on the posting of a security, in an amount sufficient to protect the right holder, where the period set out in Section 97 has expired without the granting of provisional relief by the Court and where all other conditions for importation have been complied with. Section 88 (1) If proceedings leading to a decision on the merits of the case have been initiated, the Court or the Customs Department, whichever authority has taken the decision to suspend the release into free circulation of the goods alleged to be infringing, shall review, upon the request of the defendant, the decision with the view 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 further suspension shall be determined by the Court. Where no such determination has been made, the said period shall not exceed twenty (20) working days or thirty one (31) calendar days, whichever is the longer. Section 89 The following shall not be permitted: (i) re-exporting the infringing goods; (iii) placing the goods under a different customs procedure. Chapter IV: General Provisions AS REGARDS BORDER MEASURES Section 90 Small quantities of goods of a non-commercial nature contained in the traveler’s personal luggage or sent in small consignments may be excluded from suspension from release into free circulation. Section 91 The provisions on border measures in this Act shall apply not only to goods imported to or exported from Oman, but also to goods that are in transit in the territory of Oman. For the purposes of this Section, it shall be understood that “goods that are in transit” mean goods under “Customs transit” and goods “transshipped”, as defined in the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention). Section 92 The aggrieved party may lodge an appeal against any decision or measure taken by the Customs Department on or in connection with the suspension of release into free circulation of goods alleged to be counterfeit or pirated. The appeal shall lie to the Court and shall be filed within sixty (60) days from the notification of the decision. PART VI: CRIMINAL PROCEDURES Section 93 (1) The Court shall have the authority to apply remedies that include sentences of imprisonment from a minimum of three (3) months up to a maximum of 2 (two) years as well as monetary fines from a minimum of 2,000 up to a maximum of 10,000 Riyals. In case of reincidence, the Court shall have the authority to double those remedies. In determining the remedies, the Court shall take into account that those remedies must be sufficient to provide a deterrent to future infringements, consistent with a policy of removing the infringer’s monetary incentive; (2) fine or imprison, in appropriate cases, a party to a litigation who fails to abide by valid orders issued by such authorities; and (3) impose sanctions on parties to a litigation, their counsel, experts, or other persons subject to the court’s jurisdiction, for violation of judicial orders regarding the protection of confidential information produced or exchanged in a proceeding TITLE V: GENERAL PROVISIONS Section 94 (1) Any change in the ownership of a patent, or a utility model certificate, or the registration of an industrial design, or the registration of a layout-design, or the registration of a mark or collective mark or certification sign, or the registration of a geographical indication, or in the ownership of an application therefor, shall be in writing and shall, at the request of any interested party, to the Registrar, be recorded and, except in the case of an application, published by the Registrar. Except as regards trademarks, such change shall have no effect against third parties until such recording is effected. (2) Any change in the ownership of a trade name must be made with the transfer of the enterprise or part thereof identified by that name and shall be in writing. (3) 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, particularly in regard to the nature, origin, manufacturing process, characteristics, or suitability for their purpose, of the goods or services in relation to which the mark or collective mark is intended to be used or is being used. (4) Any license contract concerning a patent, or a utility model, or a registered industrial design, or a registered layout-design, or a registered mark, or an application therefor, shall be submitted to the Registrar who shall keep its contents 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. (5) 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 hear the allegations of the parties to the contract, if one or both so request. The parties to the contract may submit evidence that is pertinent. Any of the parties or both may appeal from the Registrar’s decision to the Court within [two] months from the date on which the Parties were notified of the Registrar’s decision to refuse to record the contract. (6) (a) For the purposes of subsection (5), 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, in the event that they have anti-competitive effects, anti-competitive. (b) Notwithstanding the provisions of paragraph (a) of this subsection, the license contracts may provide for the following limitations: (i) delimitation of the scope, geographical area and period of use; (ii) conditions required for the efficient control of the quality of goods and services, subject to the provisions of Section 44; (iii) 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. (7) Where the right that is the subject of an assignment or a license contract is invalidated after the contract becomes effective, the contract will cease immediately to produce effects. The parties may recover totally or partially any payments or other benefits paid under the contract, unless the party in favor of whom those payments or other benefits were paid has benefited in good faith from the contract and the invalidation does not impair or annul those benefits. (8) The Public Prosecution Office may initiate legal action ex officio with respect to the offenses described in this Title, without the need for a formal complaint by a private party or right holder. Section 95 (1) Where an applicant's ordinary residence or principal place of business is outside Oman, he shall be represented by a legal practitioner resident and practicing in Oman. That agent shall receive powers to receive communications and service as regards any process or proceeding, either judicial or other, in Oman, under this Act, relating to the application or title in question. (2) (a) An assignee of an application, an applicant, owner or other interested person may act himself before the Registrar for the following procedures: (i) the filing of an application for the purposes of the filing date; (ii) the mere payment of a fee; (iii) any other procedure as prescribed in the Regulations; (iv) the issue of a receipt or notification by the Registrar in respect of any procedure referred to in provisos (i) to (iii). (3) A maintenance fee may be paid by any person. Section 96 (1) The Industrial Property Registry shall maintain separate Registers for patents, utility models, industrial designs, layout designs, marks, collective marks, certification marks and geographical indications. Collective marks and certification signs shall be registered in a special section of the Register of Marks. All the recordings provided for in this Act shall be effected in the said Registers. (3) The Registers may be consulted by any person, and any person may obtain extracts therefrom, under the conditions prescribed in the Regulations. (2) Right holders may signal ownership of the subject of protection under this Act by means of particular signs. Section 97 (1) The Registrar may, subject to any provision in the Regulations, correct any error of translation or transcription, clerical error or mistake in any application or document filed with the Industrial Property Registry or in any recording effected pursuant to this Act or the Regulations. Substantive errors, however, may only be modified by the Court, under due process. Substantive errors are those that, if modified, will affect the rights conferred. (2) Unless otherwise provided in this Act, if the Registrar is satisfied that the circumstances justify it, he may, upon receiving a written request, extend the time for doing any act or taking any proceeding under this Act and the Regulations, upon notice to the parties concerned and upon such terms as he may direct. The extension may be granted though the time for doing the act or taking the proceeding has expired. Section 98 Any decision taken by the Registrar under this Act, in particular the grant of a patent or a utility model certificate or the registration of an industrial design or of a layout-design or of a mark or collective mark or certification sign or of a geographical indication, or the refusal of an application for such a grant or registration, may be the subject of an appeal by any interested party before the Court and such appeal shall be filed within sixty (60) days of the date of the decision. Any decision taken by the Minister under this Act, in particular the grant of a compulsory license, and his decision relating to the remuneration provided in respect of a compulsory license, under Sections 13, 27 and 36, as well as the transfer of title, under Section 14, may be the subject of an appeal by any interested party before the Court and such appeal shall be filed within sixty (60) days of the date of the decision. These provisions also apply to all final decisions made by the competent authority under Section 65(4), (5) and (6). Section 99 (a) Final judicial decisions and administrative rulings of general application pertaining to the enforcement of industrial property rights shall be in writing and shall state any relevant findings of fact and the reasoning or the legal basis on which the decisions or rulings are based. (b) Such decisions or rulings shall be published. Section 100 (1) Unless otherwise provided, the provisions of this Act shall be effective as from the date established in accordance with the Royal Decree promulgating this Act and apply to all applications that are pending on the date of their entry into force. However, any acts definitively performed by the Registrar relating to pending applications, such as the final examination of applications, and which have already produced effects, shall be maintained. (2) The provisions of subsection (1) shall apply mutatis mutandis to enforcement. All decisions by the Court, whether final or interlocutory, that have produced effects, shall be maintained. (3) Where this Act in any way expands rights or creates new rights, including extension of terms of protection, existing registrations shall benefit from such expansion or creation. But where this Act reduces or eliminates rights, existing registrations shall not be affected and shall continue existing as if this Act had not been enacted, except for the provisions on enforcement, which shall apply in accordance with subsection (2). (4) Where this Act 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.
	___________________________________________________________________________________________ REGULATIONS UNDER THE LAW ON INDUSTRIAL PROPERTY RIGHTS AND THEIR ENFORCEMENT FOR THE SULTANATE OF OMAN Article 1 Definition In these Regulations, unless the context otherwise requires: · “Act” : The Act on Industrial Property Rights and their Enforcement promulgation by the Royal Decree No. 67/2008 . · “Regulations” : The regulation under the Act on Industrial Property Rights and their enforcement. · “Sultanate” : The Sultanate Of Oman. · “Ministry” : The Ministry Of Commerce and Industry. · “Minister” : The Minister Of Commerce and Industry. · “Register” : The Industrial Property Register ( Patents, Utility Models, Industrial designs, Layout – designs ( topographies ) of integrated circuits, trademarks, and geographical indications. · “Registrar” :The Director of Intellectual Property Department. · “Court” : The Competent Court. · “Treaties and agreements” : The treaties and agreements mentioned in Article ( 1 ) of the Law . · “Trips agreement” :The agreement on Trade-Related aspects of Intellectual Property Rights. · “Patent Cooperation Treaty” : The Patent Cooperation Treaty done at Washington on June 19, 1970; Article 2 Fees (1) Payable fees for filing of applications, shall be those specified in Schedule ( 1 ) of these Regulation. (2) Fees shall be paid on the submission of application and payment may not be postponed for any reason whatsoever. (3) (A) Fees shall be paid in Omani Riyals in cash or by means of a credit made on an account open by the Ministry or by any other means determined by the Ministry. (B) Payment by cheque shall be acceptable only when the cheque is certified by the drawee bank. (C )If the payment is made credit card, the payment shall be deemed to have been made on the specified amount has been credited to the Ministry’s account. (4) Fees shall not be reimbursed when the corresponding applications are withdrawn or otherwise deemed abandoned or lapsed or for any other reason. Article 3 Forms (1) Applications shall be made on the forms set out in schedule ( 2 ) annexed to these Regulations un Arabic. (2) Applications, signed by applicant or his duly authorized agent, shall be submitted to the Intellectual Property Department. (3) A document submitted for or on behalf of a partnership, a body corporate or an association shall contain the names of all partners or members, and signed by all the partners or members or by any person duly authorized. (4) A document Submitted to the Registrar in a language other than Arabic shall be accompanied with an Arabic translation. However, the Registrar may allow a time limit of ninety ( 90 ) days from the filing date for the submission of the translation . Article 4 Details of Application The application must include the following details : (1) The name of the application, his title, profession and trade name, and if the applicant is a legal entity, it’s name, address and objects must be indicated. (2) Nationality, residence and registered place of business. (3) Where the applicant is an agent, his name and address must be indicated. (4) The Registrar, on examination of application, may request a copy of the certificate of the registration of the legal entity without authentication. Article 5 Representation by Agent (1) The power of attorney appointing an agent may be filed together with the application or within 60 (sixty) days from its filing date; otherwise the application shall be deemed null. (2) Any person may pay any prescribed fees for the applications submitted to the Department without authorization from the owner. (3) The applicant resident abroad may appoint an attorney resident and practicing in the Sultanate, provided that he : ( a ) shall provide the department with a copy of the license to practice Intellectual Property activity. ( b ) shall register his name with the department on form No. ( 1 ) after payment of the prescribed fees. (4) The Ministry may cancel the license after it’s issue in case licence after it’s issue in case licence holder does not abide by the law and it’s implementing decisions, However, the licence holder may complain the Ministry’s decision cancelling the licence before the the court within 60 ( Sixty ) days from the date of his receiving the decision. Article 6 Change of Name, Address or Address for Service (1) Every owner or applicant, under the Act, who wishes to make any change or amendment to any statement in his application, shall so request in writing on form No. ( 2 ). Amendment shall request be made after the payment of the prescribed fee. (2) The Registrasr may require such proof of the alteration as he thinks fit. Article 7 Changes in Ownership; License Contracts (1) The request, of a change of ownership of a title granted under the Act or of an application therefore shall be made to the Registrar on Form No. ( 3 ) and shall be subject to payment of the prescribed fee. (2) The publication of the change of ownership shall specify (a) the title of protection concerned; (b) the filing date, the priority date ( if any), and the date of registration or grant: (c) the owner and the new owner; and (d) the nature of the change of ownership. (3) A license contract submitted for recordal under Article 93(5) shall be accompanied by the prescribed fee. Article 8 Consultation of Registers; Request for Extracts Therefrom and for Copies of Documents (1) An interested party may request the Registrar on Form No. ( 4 ) for consultation of the Register and the applications submitted in accordance with the provision of the law and these Regulations after payment of the prescribed fees . (2) An interested party may request the Registrar on Form No. ( 5 ) for certified copies of any document enclosed with the submitted application ( except articles and memoranda of association of companies and their commercial registers ) after payment of the prescribed fees. Article 9 Corrections of Errors The Registrar under Article 96 may correct any immaterial error in any document related to the application, Corrections made shall be communicated in writing to all interested person . Article 10 Hearing (1) Before exercising adversely to any person any discretionary power given to the Registrar by the Act or these Regulations, the Registrar shall notify such person, in writing, of the opportunity to be heard thereon, and indicating a time limit, which shall not be less than 30 (thirty) days, for filing a request for a hearing. (2) The request for a hearing shall be in writing according to Form No. ( 6 ) and shall be subject to payment of the prescribed fee. (3) Upon receiving such request, the Registrar shall give the person applying, and any other interested persons, at least 2 (two) weeks notice, in writing, of the date and time of the hearing Article 11 Evidence (1) Under the law and these Regulations, any written evidence to supprt the ownership of the owner may be filed with the application. (2) The Registrar may, in any particular case take oral evidence in lieu of or in addition may be filed, it shall be by any means admitted by the articles and principles of procedural law . (3) Statutory declarations or affidavits made outside Oman shall be made before a Consul of the Sultanate of Oman or, in his absence, a Notary Public. In the latter event, the notarized declaration or affidavit must be legalized in Oman before being submitted to the Registrar. Article 12 Publication The applications submitted to the department shall be published, in the official Gazette in accordance with the directions of the Registrar Applicants shall be notified of the decision in writing so as to pay the prescribed fees. Article 13 The date and validity of Official Decisions and Notifications (1) Unless otherwise expressly provided in the law or these Regulations, the period of validity for applications, registrations, and other actions related to applications shall be 90 ( ninety ) days from the receit by the applicant or his deputy of any decision or notification issued by the Registrar shall be deemed null after the lapse of this period. (2) The period specified in paragraph ( 1 ) above shall commence on the first workdays following the receit by the applicant or his deputy of the decision or notification . where the said period expires on an official holiday, the period shall on the first workday following the holiday. CHAPTER 1 – PATENTS AND UTILITY MODELS Article 14 Request for Grant of Patent (1) The application shall submitted to the Registrar on Form No. ( 7 ) . (2) The application shall include :- a. The name and address of the applicant, his nationality, and domicile. b. Where the applicant is the inventor, the request shall contain a statement to that effect, and, where he is not, it shall indicate each inventor’s name and address and be accompanied by the statement justifying the applicant’s right to the patent. c. If the applicant is represented by an agent, the request shall so indicate and state the agent’s name and address. d. The title of the invention shall be short (preferably from two to seven words) and precise. Article 15 Discription ( 1 ) The description shall first state the title of the invention as appearing in the reques. (2) specify the technical field to which the invention relates; (3) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art; (4) disclose the invention in such terms that it can be understood and state its advantageous effects, if any, with reference to the background art; (5) briefly describe the figures in the drawings, if any; (6) set forth at least one mode contemplated by the inventor as the best mode for carrying out the invention; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any; (7) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made and used, or, if it can only be used, the way in which it can be used. Article 16 Claims (1) The number of the claims shall be reasonable taking into account the nature of the invention; if there are several claims, they shall be numbered consecutively in Arabic numerals. (2) The claims shall define the invention in terms of the technical features of the invention. (3) Whenever appropriate, claims shall contain (a) a statement indicating those technical features of the invention which are necessary for the definition of the latter but which, in combination, are part of the prior art; (b) a characterising portion – preceded by the words “characterised in that,” “characterised by,” “wherein the improvement comprises,” or any other words to the same effect – stating concisely the technical features which, in combination with the features stated under (i), it is desired to protect. (4) Claims shall not, except where absolutely necessary, rely in respect of the technical features of the invention on references to the description or drawings; in particular, they shall not rely on such references as “as described in part ... of the description,” or “as illustrated in figure ... of the drawings.” (5) Where the application contains drawings, the technical features mentioned in the claims shall preferably be followed by the reference signs relating to such features; when used, the reference signs shall preferably be placed between parentheses; if inclusion of reference signs does not particularly facilitate quicker understanding of a claim, it should not be made. (6) Any claim submitted after the filing date of the application and which is not identified with the claims previously appearing in the application shall, at the choice of the applicant, be submitted either as an amended claim or as a new claim. (7) The deletion of any claim previously appearing in the application shall be made by indicating the number of the previous claim followed by the word “cancelled.” Article 17 Drawings (1) Drawings forming part of an application for a patent shall be on sheets the usable surface area of which shall not exceed 26.2 cm by 17 cm. The sheets shall not contain frames round the usable or used surface. The minimum margins shall be as follows: top 2.5 cm left side 2.5 cm right side 1.5 cm bottom 1.0 cm (2) Drawings shall be executed as follows: (a) Without colouring in durable, black sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction. (b) Cross-articles shall be indicated by hatching which does not impede the clear reading of the reference signs and leading lines. (c) The scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty. If, as an exception, the scale is given on a drawing it shall be represented graphically. (d) All numbers, letters and reference signs appearing in the drawings shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters. (e) Elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure. (f) The height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the Arabic and, where customary, the Latin or Greek alphabet shall be used. (g) The same sheet of drawings may contain several figures. Where figures drawn on two or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures. The different figures shall be arranged without wasting space, clearly separated from one another. The different figures shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets. (h) Reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa. The same features, when denoted by reference signs, shall, throughout the application, be denoted by the same signs. (i) The drawings shall not contain textual matter, except, when required for the understanding of the drawings, a single word or words such as “water”, “steam”, “open”, “closed”, “article on AA” and in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords. (j) The sheets of the drawings shall be numbered in accordance with Article 20(7)(a) from this regulation . (3) Flow sheets and diagrams are considered drawings. Article 18 Abstract (1) The abstract shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art. (2) The abstract shall consist of the following: (a) a summary of the disclosure as contained in the description, the claims, and any drawings, indicating the technical field to which the invention pertains and drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention and the principal use or uses of the invention; and (b) where applicable, the chemical formula which, among all the formulae contained in the application, best characterises the invention. (3) The abstract shall be as concise as the disclosure permits (preferably 50 to 150 words). (4) The abstract shall not contain statements on the alleged merits or value of the invention or on its speculative application. (5) Each main technical feature mentioned in the abstract and illustrated by a drawing in the application shall be followed by a reference sign, placed between parentheses. (6) The abstract shall be accompanied by the most illustrative of any drawings furnished by the applicant. Article 19 Measures, Terminology and Signs (1) Units of weights and measures shall be expressed in terms of the metric system. (2) Temperatures shall be expressed in degrees centigrade (Celsius). (3) Density shall be expressed in metric units. (4) For indications of heat, energy, light, sound, and magnetism, as well as for mathematical formulae and electrical units, articles in general use shall be observed; for chemical formulae, the symbols, atomic weights, and molecular formulae, in general use, shall be employed. (5) In general, only such technical terms, signs and symbols should be used as are generally accepted in the art. (6) The terminology and the signs shall be consistent throughout the application. Article 20 Number of Copies and Physical Requirements (1) The application and any accompanying statements or documents shall be filed in 3 (three) copies, but the Registrar may require the applicant to supply additional copies. (2) All elements of the application shall be so presented as to admit of direct reproduction by photography, electrostatic processes, photo offset and microfilming. (3) Only one side of each sheet contained in the application shall be used. (4) All elements of the application shall be on paper which is flexible, strong, white, smooth, non-shiny and durable. (5) The size of the sheets shall be A4 (29.7cm x 21cm), although the Registrar may accept sheets of other sizes. (6) The minimum margins of sheets shall be as follows: (a) upper margin of each page, except the first page: 20 mm (b) upper margin of the first page: 30 mm (c) side margin adjacent to the binding: 25 mm (d) other side margin: 20 mm (e) bottom margin: 20 mm (7) (a) All sheets shall be numbered at the top of the sheet, in the middle, in consecutive Arabic numerals. (b) In effecting the sequential numbering of the sheets, the elements of the application shall be placed in the following order: the request, the description, the claims, the abstract, the drawings. (c) The sequential numbering of the sheets shall be effected by using three separate series of numbering, the first series applying to the request only and commencing with the first sheet of the request, the second series commencing with the first sheet of the description and continuing through the claims until the last sheet of the abstract, and the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings. (8) The text matter of the application shall be typed; graphic symbols, chemical or mathematical formulae and certain characters, if necessary, may be handwritten or drawn. (9) Drawings shall be executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes without colourings. Article 21 Unity of Invention (1) Article 6 of the Act shall be construed as permitting, in particular, one of the following three possibilities: (a) in addition to an independent claim for a given product or part of a product, the inclusion in the same application of an independent claim for a process specially adapted for the manufacture of the said product, and the inclusion in the same application of an independent claim for a use of the said product; or (b) in addition to an independent claim for a given process, the inclusion in the same application of an independent claim for an apparatus or means specifically designed for carrying out the said process; or (c) in addition to an independent claim for a given product, the inclusion in the same application of an independent claim for a process specially adapted for the manufacture of the product, and the inclusion in the same application of an independent claim for an apparatus or means specifically designed for carrying out the process. (2) Without prejudice to the provisions of subrule (1) of this Article, the fact that the applicant treats the process and the product or part of the product as independent inventions does not preclude or preempt the obligation of description . (3) Subject to Article 6 of the Act , it shall be permitted to include in the same application two or more independent claims of the same category which cannot readily be covered by a single generic claim. (4) Subject to Article 6 of the Act, it shall be permitted to include in the same application a reasonable number of dependent claims, claiming specific forms of the invention claimed in an independent claim. (5) Article 6(3) of the Act shall be construed as not assigning the applicant the discretionary power to decide whether the application should be divided or not. Such division shall only be authorized by the Registrar when one single patent application relates to two or more inventions that are not linked as to form a single general inventive concept. Article 22 Division of Application (1) A divisional application shall contain a reference to the initial application. (2) If the applicant wishes a divisional application to benefit from any priority claimed for the initial application, the divisional application must contain a request to that effect; in such a case, the declaration of priority and the documents for the initial application shall be deemed to relate also to the divisional application. (3) Where the priorities of two or more earlier applications were claimed for the initial application, a divisional application may benefit only from the priority or priorities that are applicable to it. (4) (a) Article 6(3) of the Act shall be construed as permitting the division of the application provided that the divided applications do not go beyond the matter disclosed in the initial application. (b) For the purposes of this Article , any matter that has been disclosed in the description or in the drawings shall be taken into consideration, provided such disclosure is sufficient to permit the full comprehension and operation of the invention by a person . Article 23 Disclosures to be Disregarded for Prior Art Purposes (1) An applicant who wishes a disclosure of the invention to be disregarded, in accordance with Article 3 ( 1 ) of the Act, for prior art purposes, shall so indicate on the application and shall furnish, in writing, with the application or within 30 (thirty) days of filing the application, full particulars of the disclosure, including disclosure made at an exhibition, under Article 11 of the Paris Convention. In the event the applicant refers to disclosure made at an exhibition, he shall file, within the same period, a duly authenticated certificate issued by the authority responsible for the exhibition containing particulars of the exhibition, the date of the exhibition, and stating that the invention was in fact exhibited there. (2) Article 3(1) of the Act does not comprise disclosure through publication of patent applications in Oman or elsewhere, even if such applications were filed by the applicant or his predecessor in title or with his consent. Article 24 Declaration of Priority and Translation of Earlier Application (1) The declaration referred to in Article 7 of the Act shall be made at the time of filing the application for the patent and shall indicate: (a) the date of filing of the earlier application; (b) where the earlier application is a regional or an international application, the Office with which it was filed. (c) the symbol of the International Patent Classification which has been allocated to the earlier application, subject to subrule (3); (2) Where at the time of filing the declaration referred to in subrule (1) the number of the earlier application is not known, that number shall be furnished within the period of 16 (sixteen) months after the priority date. (3) Where a symbol of the International Patent Classification has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subrule (1), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated. (4) The applicant may, at any time before the grant of the patent, amend the contents of the declaration referred to in subrule (1) hereof. (5) The period for furnishing the certified copy of the earlier application, referred to in Article 7(2) of the Act, shall be 90 ( ninety ) days from the date of the request by the Registrar; where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application. (6) Where the earlier application is in a language other than Arabic, the applicant shall, within 90 ( ninety ) days from the date of the aforementioned request, furnish an Arabic translation of the earlier application. (7) Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one copy. Article 25 Declaration of of Priority and Translation of Earlier Application (1) The Registrar shall correct or add a priority claim with respect to an application (“the subsequent application”), if: (a) a request to that effect is made to the Intellectual Property Department; (b) the request is filed within the time limit prescribed in the time limit applicable under the Patent Cooperation Treaty to an international application for the submission of a priority claim after the filing of an international application; and (c) the filing date of the subsequent application is not later than the date of the expiration of the priority period calculated from the filing date of the earliest application whose priority is claimed. (2) Where an application (“the subsequent application”) which claims or could have claimed the priority of an earlier application has a filing date which is later than the date on which the priority period expired, but within 60 ( sixty ) days from the date in which the priority expired, the Registrar shall restore the right of priority, if: (a) a request to that effect is made to the Intellectual Property Department; (b) the request is filed within 60 ( sixty ) days from the date in which the priority expired; (c) the request states the reasons for the failure to comply with the priority period; and (d) the Registrar finds that the failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken or was unintentional. (3) Where a copy of an earlier application required under Article 6(5) of the Patent Law Treaty is not filed with the Intellectual Property Department within the time limit prescribed in the Regulations pursuant to Article 6 of the Patent Law Treaty, the Registrar shall restore the right of priority, if: (a) a request to that effect is made to the Intellectual Property Department; (b) the request is filed within 60 ( sixty ) days before the expiry of 16 (sixteen) months from the filing date of an earlier application or, where there is more than one such earlier application, from the earliest filing date of those earlier applications; (c) the Registrar finds that the request for the copy to be provided had been filed with the Office with which the earlier application was filed, within the time limit prescribed in the Regulations; and (d) a copy of the earlier application is filed within the time limit prescribed in subrule (3)(c). (4) The Registrar shall not refuse a request under subrules (1) to (3), totally or in part, without the requesting party being given the opportunity to make observations on the intended refusal within 60 ( sixty ) days from the notification to make those observations. Article 26 Time for Furnishing Information Concerning Corresponding Foreign Applications, Patents and Other Titles of Protection (The information requested under Article 8 of the Act shall be furnished within 90 ( ninety ) days from the date such a request is made; upon a reasoned request by the applicant, the Registrar may extend such time limit. (2) If the applicant replies that the documents requested under Article 8 are not yet available, the Registrar may suspend the procedure for the examination of the application until such time as the documents are furnished, but such suspension shall not be longer than 2 (two) years from the date on which the request for examination was filed by the applicant. Article 27 Withdrawal and Amendment of Application (1) The application shall be withdrawn by written declaration submitted to the Registrar and signed by each applicant. (2) The application fee shall not be refunded if the application is withdrawn. (3) Any amendment pursuant to Article 6 of the Act shall be made together with the payment of the prescribed fee. Article 28 Marking Application (1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letter P, slash, the last two numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for grant of the patent on Form No. 8 . (2) The application number allotted under subrule (1) shall be quoted in all subsequent communications concerning the application. Article 29 According and Notifying Filing Date (1) The Registrar shall examine whether the application fulfills the requirements of Article 9 of the Act (2) The notification to file any correction, under Article 9(b), shall be in writing; it shall specify the correction or corrections required and request that these be filed within 60 ( sixty ) days from the date of the notification, together with the payment of the prescribed fee . (3) Once the Registrar accords a filing date, he shall notify the applicant in writing; if the application is treated as if it had not been filed, under Article 9 of the Act the Registrar shall notify the applicant in writing, specifying the reasons .. Article 30 Examination as to Form (1) Where the Registrar finds that the conditions referred to in Article 9(b) are not fulfilled, he shall notify the applicant, in writing, to file the required correction within 60 ( sixty ) days from the date of the notification, together with the payment of the prescribed fee; where no abstract is provided, the Registrar shall notify the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself; if the applicant does not comply with the notification to correct a deficiency, or where, despite the corrections submitted by the applicant, the Registrar is of the opinion that the conditions referred to in Article 9(2) are not fulfilled, he shall reject the application and notify the applicant, in writing, stating the reasons. (2) Refusal of the application shall not affect its filing date which shall remain valid. . Article 31 Publication (1) (a) After 18 (eighteen) months from the filing date, the Registrar shall open the patent application for public inspection. (b) 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. (2) Opening of the patent application for public inspection shall be made by publishing in the Official Gazette of the following elements (a) the number and the filing date of the application; (b) the title of the invention; (c) the name of the applicant(s) and of the inventor(s); (d) the priority date(s); (e) the international classification; (f) one drawing (if any) that depicts the main element(s) of the invention; (g) the abstract; and the statement that the application is open for public inspection. (3) Any interested person shall receive a copy of the full contents of patent applications opened for public inspection, provided the prescribed fees are paid. (4) The Registrar shall not give access to or information about the contents of the patent application to third persons until the notice mentioned in subrule (2) of this Article is published in the Official Gazette. Article 32 Request for Examination In the event the request for examination is filed by a person other than the applicant, that person shall explain the reasons that accord him a legitimate interest to submit the application to examination as to substance. Article 33 Submission of Information Relevant to Patentability (1) The interested party shall explain why that information is relevant and in particular shall give details on the availability of that information to the public in general on the date of the application or of its priority, if it applies. The language in which that information was made publicly available is relevant only when it is spoken by a remote community and only a very few persons outside the community are able to understand it. Otherwise, the language in which the information was made publicly available is not relevant. (2) Information regarding disclosure made publicly available orally shall be submitted in writing either in the form of under take or in any other form. Article 34 Examination as to Substance and Decision to Grant or Refuse to Grant a Patent (1) Where, taking due account of the conclusions of the search and examination report, the Registrar is of the opinion, that the conditions referred to in Act, are not fulfilled, he shall notify the applicant, in writing, notifying him to submit his observations and, where applicable, to amend or divide his application, within the period of 90 ( ninty ) days from the date of the notification. The notification may be made several times, if the Registrar deems it necessary. (2) Where the applicant does not comply with the said notification or where, despite any observation, amendments or division submitted by the applicant, the Registrar is of the opinion that the conditions referred to in Act. (3) The Registrar shall notify the applicant, in writing, of his decision to grant or to refuse to grant a patent, attaching a copy of the search and examination report, if any, upon which the decision is based and, in the case of a decision to grant a patent, requesting the applicant to pay the grant fee within 90 ( ninty ) days from the date of the notification. Article 35 Decisions concerning Redundant and Interfering Applications (1) Where two or more applications for grant of a patent claiming the same invention, having the same filing or, where applicable, the same priority date, are filed by the same applicant (redundant applications), the Registrar shall refuse to grant more than one patent in pursuance of the redundant applications. (2) In the event redundant applications are filed, the Registrar shall notify the applicant to explain the reasons that justify the redundancy. If he is convinced that redundancy is due to bad faith or inequitable conduct, the Registrar shall refuse all the applications. (3) Where two or more persons file an application for grant of a patent claiming the same invention that they made independently and where the subsequent applications are new for the purposes of Article 3 of the Act (interfering applications), the Registrar, before applying the criterion set out by Article 4, shall give the applicants an opportunity to be heard. (4) The applicants may, within 90 ( ninety ) days from the notification, expose in writing their comments on the interference, or amend the application, or transfer or assign in part or totally the right to the patent, as they see fit. Article 36 Grant of Patent; Publication of Reference Thereto; Issuance of Certificate (1) ( a ) The Registrar shall allot to each patent he grants a number in the sequential order of grant. (b) The patent shall be deemed to be granted on the date the Registrar publishes a reference to the grant. (2) The patent shall be granted on Form No. 9 and the Registrar shall publish in the Official Gazette a the reference to the grant of the patent, which shall include: (a) the number of the patent; (b) the name and address of the owner of the patent; (c) the name and address of the inventor, except where he has asked not to be named in the patent; (d) the name and address of the agent if any; (e) the filing date; (f) if priority has been claimed and the claim has been accepted, a statement of the priority, the priority date and the name of the country or countries in which or for which the earlier application was filed; (g) the effective date of grant of the patent; (h) the title of the invention; (i) the abstract; (j) the most illustrative of the drawings, if any; (k) the symbol of the International Patent Classification; (l) a notice of whether the patent application has been modified since the publication to which Article 9 of the Act . (3) (a) The certificate of grant shall be issued on Form No. 10, shall be signed by the Registrar and shall contain: (1) the number of the patent; (2) the name and address of the owner of the patent; (3) the filing date and, where applicable, priority date of the application; (4) the effective date of grant of the patent; and (5) the title of the invention. (b) The certificate of grant shall have annexed to it the description, the drawings (if any), the abstract and the claims. The annex shall be certified by the Registrar as authentic. Article 37 Compulsory Licenses (1) An application shall be made on Form No. 11 and shall be accompanied by a statement in duplicate of the facts upon which the applicant relies and evidence in duplicate verifying the statement. This subrule applies regardless of whether the applicant is a private entity or an entity working for the government or a government-owned entity. (2) The application for a compulsory license shall be filed with the Registrar and shall be addressed to the Minister. (3) The Registrar shall, within 90 ( ninety ) days from the date of the request for grant of a non-voluntary license, examine whether the requirements of Article 13 of the Act are, prima facie, satisfied; if he finds that the requirements are not satisfied, the Registrar shall, in writing, notify the person or entity requesting the compulsory license, stating the grounds; if he finds that the requirements are satisfied, the Registrar shall forthwith send a copy of the request to the patent owner and to the beneficiaries, if any, of compulsory licenses granted, and notify them to submit observations thereon, in writing, to the Registrar, within 90 ( ninety ) days of the date of the notification. (4) The patent owner shall forthwith, in writing, notify all licensees, of the request, and the licensees shall have the right to submit observations thereon, in writing, to the Registrar within 90 ( ninety ) days of the date of the notification issued under subrule (3). (5) The Registrar shall forthwith notify the person requesting the compulsory license of any observations submitted. (6) The Registrar shall then convene a hearing to which it shall notify the person requesting the compulsory license, the patent owner and the persons who submitted observations under subrules (3) and (4), giving them at least 30 ( thirty ) days written notice of the date set for the hearing. (7) After the hearing, the Registrar shall submit all the records, documents and all relevant information, including his own findings, to the Minister. If the Minister finds that the conditions for the grant of a compulsory license are fulfilled, he shall grant the license; otherwise, it shall refuse it. (8) The decision to grant or to refuse a non-voluntary license shall be in writing, shall state the grounds upon which it is based and in the case of a decision to grant the non-voluntary license, shall specify, in particular: (a) the period of which the license is granted; (b) to which of the acts referred to in Article 13 of the Act, the license extends; (c) the time limit within which the beneficiary of the compulsory license must commence working the patented invention; (d) the terms regarding payment of remuneration. (9) The Registrar shall record and publish the decision of the Minister in the Official Gazette and, in writing, he shall notify the owner of the patent and the other participants in the hearing. (10) If the decision of the Minister is the subject of an appeal, the Registrar of the Court shall notify the Registrar of the court’s decision once it becomes final, and the Registrar shall record the decision and publish it.The terms and conditions of the Decision of the General Council of the WTO, of August 30, 2003, on the implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, shall apply, whenever appropriate, to the decisions taken under Article 13 of the Act and this Article in the context of access to pharmaceutical products, in particular those that refer to the waivers from Article 31 (f) and Article 31(h) of the TRIPS Agreement Article 38 Annual Fees and Publication of Lapsed Patents (1) The Registrar shall record and publish in the Official Gazette a notification of the lapse of a patent on grounds of the lack or untimely payment of an annual fee, in accordance with Article 12 of the Act. (2) Annual fees shall not be refundable. (3) For the purposes of disseminating technological information and encouraging the exploitation of technologies available in Oman by the Omani industry, the Registrar may publish in the Official Gazette a summary of lapsed patents every six months or when he finds appropriate. Article 39 Invalidation (1) Where the provisions of Article 15 apply only to some of the claims or some parts of a claim, such claims or parts of a claim shall be invalidated. (2) The patent owner shall, in writing, notify any licensee of any court proceeding instituted for the invalidation of the patent; the person requesting invalidation shall so notify any beneficiaries of compulsory licenses granted under Article 13 of the Act, and, where the ground of invalidity invoked is that the patent owner is not the inventor or his successor in title, also the person who alleged to have the right to the patent. Article 40 International applications filed through the Patent Cooperation Treaty (1) An international application designating Oman shall, subject to this Article, be treated as an application for a patent or utility model filed under the Act having as its filing date the international filing date accorded under the Patent Cooperation Treaty. (2) (a) (1) The Intellectual Property Department shall act as a receiving Office in respect of an international application filed with it by a resident or national of Oman. (2) The application may be submitted by the inventor, his successor or by an attorney, pursuant to Article 90 of the Regulations under the Patent Cooperation Treaty. In the event the application is signed by an agent, the document appointing him shall be in separate and shall observe the model established by the International Bureau. (b) An international application filed with the Intellectual Property Department as receiving Office shall be filed in English and the prescribed transmittal fee shall be paid to the Intellectual Property Department. (c) The application must comply with the requirements of the Patent Cooperation Treaty and the Regulations thereunder. (d) The Intellectual Property Department shall stamp the date of receipt of the application on the application. If the application does not comply with the requirements of Article 11 of the Patent Cooperation Treaty, the Registrar shall give notice thereof to the applicant and shall establish the time period within which the necessary corrections must be submitted. (e) The filing date of the international application is the date of the receipt of the application in compliance with Article 11 of the Patent Cooperation Treaty or, in the event one or more corrections are necessary, the date of receipt of such correction or corrections. (f) If the applicant does not submit the correction or corrections as requested by the Intellectual Property Department, the Registrar shall give notice to the applicant that his application has been rejected. (g) Where the Registrar verifies, after according a filing date to the international application, that the provisions of Article 14.1 of the Patent Cooperation Treaty have not been complied with, he shall establish the time period within which the necessary corrections must be filed. (h) If the necessary corrections are not submitted in accordance with subrule (h), the Registrar shall notify the applicant and the International Bureau that the application is deemed withdrawn. (i) Where the Registrar verifies, after according a filing date to the international application, that one or more drawings mentioned in the application is or are missing, he shall establish the time period in which the applicant must submit the missing drawing or drawings. Where the missing drawings are submitted within the period established by the Registrar, the filing date shall be the date of receipt of the missing drawing or drawings. Otherwise, the date of filing shall be maintained and any mention of the missing drawing or drawings in the application shall be deemed as non-existent. (j) In the event the international application, any amendment, correction or any other document is submitted by telegraph, teleprinter, facsimile machine and addressed to the Registrar, the applicant shall furnish, within 14 (fourteen) days from the date of the transmission, to the Intellectual Property Department the original of such documents and an accompanying letter identifying that earlier transmission. Otherwise, those documents shall be deemed as non-existent. (k) In the event the Registrar, within 4 (four) months from the filing date of the international application, verifies that the requirements of Article 11 (i) through (iii) of the Patent Cooperation Treaty have not been fulfilled, he shall notify the applicant that his application is deemed withdrawn. (l) The applicant may request the International Bureau to transmit his application to the designated Offices so as to exercise his right to request that those Offices review the Registrar’s decision of rejecting or considering the international application withdrawn, pursuant to Article 25 of the Patent Cooperation Treaty and Article 51 of the Regulations thereunder. (m) All documents received by the Intellectual Property Deprtment, including those concerning rejected or withdrawn applications. shall be transmitted to the International Bureau. (3) The dates of the international filing and publication shall produce the same effects as the dates of filing and publication in Oman. (4) (a) The Intellectual Property Department shall act as a designated Office in respect of an international application in which Oman is designated for the purposes of obtaining a national patent or utility model certificate under the Act.. (b) The international applications that designate Oman may apply for the grant of a patent or a utility model certificate. (c) In the event Oman is designated, the applicant must submit, before the expiry of 20 (twenty) months from the priority date, the specifications in Arabic in accordance with the initial international filing (description, claims, abstract and drawings, if any) and, if it is the case, the amendments and the statement to which Article 19 of the Patent Cooperation Treaty refers, accompanied by a document that identifies the essential elements of the international application, the designation of the inventors, and the proof of the payment of the due fee. (d) If the applicant fails to submit in Arabic at least the claims or the description, the application shall be deemed withdrawn as regards Oman. If the applicant fails to submit in Arabic one of the other documents mentioned in subrule (c), the Registrar shall notify him to submit those documents within 60 (sixty) days. If the missing document is the statement referred to in subrule (c), the Registrar shall consider it as non-existent. If the missing document is one of the other documents, the Registrar shall consider the application withdrawn as regards Oman. In this event, the applicant may request, within 60 (sixty) days from the date on which the application was deemed withdrawn, that the application be reconsidered upon submission of the missing document in question. (e) In the event the communication referred to by Article 20 of the Patent Cooperation Treaty is not made, the applicant shall submit such documents within 60 (sixty) days from the date on which the Intellectual Property Department gives notice of the absence of such communication, in which event the beginning of the national phase shall remain pending. If the documents are not submitted within that time period and if the communication pursuant to Article 20 of the Patent Cooperation Treaty is not received in the meantime, the application shall be considered rejected as regards Oman. In this event, the applicant may request, within 60 (sixty) days from the date on which the application was deemed rejected, that the application be reconsidered upon submission of the missing document in question. (f) The right to amend the application, as established by Article 28 of the Patent Cooperation Treaty and Article 52 of the Regulations thereunder, may be exercised: (1) within 60 (sixty) days from the expiry of the period established by Article 22.1 of the Patent Cooperation Treaty; (2) if the communication that Article 20 of the Patent Cooperation Treaty refers to is not made to the Intellectual Property Department before the expiry of the period set by Article 20.1 of the Patent Cooperation Treaty, within 4 (four) months after the expiry of that period; or (3) in any event, until the date of the request for examination. (6) (a) The Intellectual Property Department shall act as an elected Office in respect of an international application in which Oman is designated, as referred to in subrule (5), if the applicant files a demand for the purposes of international preliminary examination under Chapter II of the Patent Cooperation Treaty. (b) Where Oman is designated before the expiry of the nineteenth month from the date of priority (Article 39.1 of the Patent Cooperation Treaty), the applicant must furnish, within 30 (thirty) months from the date of priority, the documents mentioned in subrule (5)(c), provided that (1) any replacing sheet mentioned in Article 70.16 of the Regulations under the Patent Cooperation Treaty that is attached to the report of the international preliminary examination must be submitted in Arabic; (2) for the purposes of Article 39.1 of the Patent Cooperation Treaty, when the report on the international preliminary examination has been furnished, the submission of any amendment in Arabic, in accordance with Article 19 of the Patent Cooperation Treaty shall be required only when such amendment is annexed to the mentioned report; (3) the translation into English of the report of the international preliminary examination, in the event the communication pursuant to Article 36.3 of the Patent Cooperation Treaty and Article 72.1 of the Regulations thereunder must be submitted; such translation shall not be required if an Arabic version is furnished. (c) The provisions of subrule 5(c) through (e) shall apply to documents necessary for the entry of the international application into the national phase. (d) The right to amend the application, as established by Article 41 of the Patent Cooperation Treaty, may be exercised: (1) within 60 (sixty) days from the expiry of the period established by Article 39.1 of the Patent Cooperation Treaty; (2) if the transmission of the report of the international preliminary examination, pursuant to Article 36.1 of the Patent Cooperation Treaty is not made until the expiry of the period set in Article 39.1(a) of the Patent Cooperation Treaty, within 4 (four) months after the expiry of that period; or (3) in any event, until the date of the request for examination. (e) Any election made after the end of the nineteenth month from the date of priority shall not produce any effects in respect of the application of the periods established by Chapter II of the Patent Cooperation Treaty as regards the processing of the national phase in Oman. (7) The Intellectual Property Department as designated Office or elected Office shall not commence processing of an international application designating Oman before the expiration of the time limit referred to in subrule (8) except if the applicant complies with the requirements of that subarticle and files with the Intellectual Property Department an express request for early commencement of such processing . (8) The applicant shall, in respect of an international application designating Oman and before the expiration of the time limit applicable under Article 22(1) or 39(1)(a) of the Patent Cooperation Treaty pay the national fee to the Intellectual Property Department and file with the Intellectual Property Department a translation of the international application into Arabic if the international application was not filed in, and has not been published under the Patent Cooperation Treaty as a translation into such a language. (9) If the applicant does not comply with the requirements of subrule (8) within the time limit referred to in that subrule, the international application shall be considered withdrawn for the purposes of these Regulations. (10) (a) Where the international application is considered withdrawn under subrule (9), the Intellectual Property Department shall reinstate the rights of the applicant with respect to that international application, upon a reasoned request by the applicant which must be submitted to the Registrar no later than 90 (ninety) days from the date on which the withdrawal took effect, and the payment of the applicable fee, provided the Registrar finds that the failure to meet the time limit referred to in subrule (8) occurred in spite of due care required by the circumstances having been taken. (b) The Registrar shall not refuse a request for reinstatement of rights without giving the applicant the opportunity to make observations on the intended refusal within a time limit which shall be reasonable under the circumstances. (11) (a) The Intellectual Property Department shall process international applications in accordance with the provisions of the Patent Cooperation Treaty, the Regulations established thereunder and the Administrative Instructions under those Regulations and with the provisions of these Regulations and eventual Administrative Instructions that the Registrar may enact. In the event of conflict, the provisions of the Patent Cooperation Treaty, the Regulations thereunder and the Administrative Instructions under those Regulations shall apply. (b) Without prejudice to the provisions of subrule (a), applications filed with the Intellectual Property Department under the Patent Cooperation Treaty shall comply with the same requirements that apply to national applications, namely as regards the application, accompanying documents and their formatting, including the assignment of a number, except that the date of filing shall be the date of international filing. (c) Once the international application is received in the national phase, it shall be published in Arabic. The publication of receipt of the application in the national phase shall contain, besides the number assigned in the national phase, in accordance with subrule (b), the date and the number of the international publication, the date of receipt of the application in the national phase and the number and the date of the international application. (d) The request for examination under Article 9(5)(a) of the Act may be submitted within 36 (thirty-six) months from the date of the international application or within 60 (sixty) days from the entry into the national phase, whichever expires later. (12) (a) In the event the applicant requests the Registrar to review the decision of the receiving Office or of the International Bureau, in accordance with Article 25 of the Patent Cooperation Treaty, he must submit both the international application and its complementary documents in Arabic, with the payment of the applicable fee, within 60 ( sixty ) days from the date of the notice of the decision in question (Article 51 of the Regulations under the Patent Cooperation Treaty). (b) If the Registrar decides that the decision of the receiving Office or of the International Bureau is not justified, he shall communicate the International Bureau that the processing of the international application should proceed, so as to produce effects as regards Oman. (13) (a) Further details concerning the processing of international applications by, and other functions of, the Intellectual Property Department in connection with the Patent Cooperation Treaty, including fees payable, time limits, prescribed languages and other requirements in relation to international applications, may be included in future Administrative Instructions, which the Registrar may decide to establish. (b) The Registrar shall establish Administrative Instructions as regards the payment of fees due to the Intellectual Property Department under the Patent Cooperation Treaty, provided, however, that the annual fees shall be due one year after the filing of the international application; the annual fees due before the entry of the international application into the national phase shall be paid with 90 ( ninety ) days from that date. Article 41 Special Provisions concerning Contracts of Assignment and Licensing of Patents (1) If the Registrar finds that the assignment or licensing contract contains one or more clauses that fall , he shall notify the patent owner and the prospective assignee or licensee to offer their allegations and submit pertinent evidence within 60 (sixty) days from the notification. (2) the Registrar shall proceed with utmost discretion and shall take all measures necessary to protect the confidentiality of business information. The Registrar may consult with other governmental sectors in order to collect relevant information and make an informed decision. Examination of a contract by the Registrar does not preempt the need for a judicial or administrative proceeding for the purposes of Article 13(1)(a)(2) of the Act, but his decision may be taken into account for that purpose. Article 42 Outsourcing of Examination of Patent Applications as to the Substance (1) In the event a decision is made by the competent authorities of Oman to outsource the activities of substantive examination of patent and utility model certificate applications, all these Regulations shall apply as if the examination were carried out by the Intellectual Property Department of Oman, except that the Registrar may extend or reduce the periods for the answers and information to be submitted by interested persons in response to notifications, requests of information or of amendments of the application, as the Registrar sees fit. (2) The outsourced examination shall take into account the conditions of patentability set out in Act. (3) In the event a decision is made by the competent authorities of Oman to outsource the activities of substantive examination of patent and utility model certificate applications, the Registrar or the Court shall retain the duty to verify compliance with the provisions of the Act and these Regulations. (4) For all purposes of the Act and these Regulations, all communications, notifications and concerning the substantive examination shall be made through the Registrar. Article 43 Utility Model Certificates These Regulations shall apply, mutatis mutandis, to utility model certificates, in accordance with Articles from 15 to 18 of the Act . CHAPTER II: MARKS Article 44 Classification of Marks The Registrar shall apply the International Classification of Goods and Services for the Purposes of the Registration of Marks adopted by the Nice Agreement of June 15, 1957, as updated subsequently, for all purposes relating to the registration and publication of marks. Article 45 Application for Registration of a Mark The application for the registration of a mark shall be made on Form No. 12 and shall be signed by the applicant or by his agent. An application may be made for the registration of a mark in respect of goods or services in one or more classes of the International Classification. Article 46 Data of Application for Registration of a Mark (1) The application shall contain a durable graphic reproduction of the mark in the space provided therefor. (2) With all applications for the registration of a mark, twelve additional reproductions of the mark shall be submitted. (3) If the Registrar considers any reproduction of a mark unsuitable he may, at any time, require a suitable reproduction to be substituted. (4) Where a drawing or other reproduction cannot be given in the aforesaid manner, a specimen or copy of the mark may be sent either of full size or on a reduced scale and in such a form as the Registrar may consider appropriate. (5) This Article applies regardless of whether the mark is non-visually perceptible. Mark sounds shall be reproduced by means of an appropriate score. Scent, taste or sensitive marks shall be reproduced by means of their chemical formula or any other detailed and accurate description of the arbitrary element that constitutes the mark. When the Registrar sees fit, he may accept that the mark be also submitted in a material support, such as a tape or a sample of the mark. In any event, such material support shall always be complementary to the graphical reproduction of the mark, which must be submitted in writing. (6) The application shall contain a list of the goods or products in respect of which the registration of the mark is sought. (7) Where a mark consists of or contains a word or words in characters other than Arabic, the Registrar my request from the application to submit a sufficient transliteration of the mark . Article 47 Declaration of Priority and Translation of Earlier Application (1) The declaration referred to in Article 37 ( 2 ) shall indicate: (a) the date of the earlier application; (b) the number of the earlier application, subject to subrule (2); and (c) the State or territory that is a WTO Member in which the earlier application was filed or, where the earlier application is a regional or an international application, the Office with which it was filed and the country or countries for which it was filed. (2) Where at the time of filing the declaration referred to in subrule (1), the number of any earlier application is not known, that number shall be furnished within 90 ( ninety ) days from the date on which the application containing the declaration was filed. The Registrar may extend the time limit referred to in this subrule for an additional period of 90 ( ninety ) days, if the applicant supplies evidence that, due to circumstances beyond his control, he was not able to comply with the prescribed time limit. (3) Where the priorities of two or more earlier applications are claimed, in accordance with subrule (1), the indication relating to those earlier applications may be included in a single declaration. (4) The applicant may, at any time before the registration of the mark, amend the contents of the declaration referred to in the preceding subrules. Article 48 Withdrawal of Application (1) The withdrawal of the application shall be made by a written declaration signed by the applicant and submitted to the Registrar. (2) The application fee shall not be refunded if the application is withdrawn. (3) For the purposes of Article 37 ( 3 ) , a subsequent application concerning the mark as a previous first application filed in Oman shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having published and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority. Article 49 Marking Application and Filing Date The Registrar shall accord as the filing date of the application the date on which the following elements are received in Arabic on Form No. 13 : (1) an express or implicit indication that the registration of a mark is sought; (2) indications allowing the identity of the applicant to be established; (3) indications sufficient to contact the applicant or his representative, if any, by mail; (4) a sufficiently clear reproduction of the mark whose registration is sought; (5) the list of the goods and/or services for which the registration is sought; and (6) The Registrar shall, in writing, notify the applicant of the application number and the filing date. Article 50 Objection to or Conditional Acceptance of Application; Hearing (1) If, upon examination, the Registrar objects to the application for registration of a mark, he shall notify the applicant in writing of his objections with all the relevant details and notify the applicant to amend the application, to submit his observations in writing or to apply for a hearing within 60 ( sixty ) days from the date of the notification. If the applicant does not comply with the notification within the set period, he shall be deemed to have withdrawn his application. (2) If, upon examination, the Registrar decides to accept the application subject to amendments, modifications, conditions, disclaimers or limitations, he shall communicate the decision to the applicant in writing. If the applicant objects to the amendments, modifications, conditions, disclaimers or limitations, he shall, within 60 (sixty) days from the date of the communication, apply for a hearing or submit his observations in writing. If the applicant does not object to such amendments, modifications, conditions, disclaimers or limitations, he shall notify the Registrar in writing and amend his application accordingly. If the applicant does not respond in one way or the other within the set period, he shall be deemed to have withdrawn his application. (3) The request for a hearing, which shall be accompanied by the prescribed fee, shall be made in writing to the Registrar who, upon receiving same, shall give the applicant at least 30 (thirty) days notice in writing of the date and time when he may be heard. (4) If, after a hearing or after consideration of the applicant’s amendments or observations in writing, the Registrar refuses the application or accepts it subject to any amendments, modifications, conditions, disclaimers or limitations to which the applicant objects, he shall communicate his decision to the applicant in writing. The applicant may, within 30 (thirty) days from the date of such communication, upon payment of the prescribed fee, request the Registrar to state in writing the grounds of his decision and the materials used by him in arriving at such decision. Article 51 Acceptance of Application (1) If The Registrar accepts the application unconditionally, he shall notify the applicant of the decision and proceed to publish the application in the Official Gazette after payment of the prescribed fees. (2) If the Registrar accepts the application subject to any conditions to which the applicant does not object, he shall notify the applicant of the decision and proceed to publish the application in the Official Gazette after payment of the prescribed fees. Article 52 Publication The Registrar shall publish the application in the Official Gazette within 30 (thirty) days after payment of the prescribed fees setting out : (1) The mark serial number. (2) a representation of the mark. (3) The name and address of the applicant, his nationality, and domicile. (4) The filing date. (5) The priority date, if applicable. (6) The goods or services in respect of which the registration of the mark is the International Classification . (7) Name and address if the agent, if any . Article 53 Opposition 1) The notice of opposition shall be given within 90 (ninety) days from the date of the publication of the mark in the Official Gazette on Form No. 14 after payment of the prescribed fees . 2) The Registrar shall notify the applicant of the opposition, and if he does not respond within the period set in Article 38 ( 2 ) ( c ) of the law, the application shall be deemed to have been abandoned. 3) The counter – statement shall be made on Form No. 15 after payment of the prescribed fees . 4) The Registrar shall decide on the opposition within 60 ( sixty ) days after the expiry of the opposition period set out in paragraph ( 2 ), and notify the two parties of his decision . Article 54 Registration of Marks; Issuance of Certificate (1) On fulfillment of the conditions of accepting the mark, and the expiry of the period set for the opposition after publication in the Official Gazette, or if the opposition has been decided in the applicant’s fevour , the Registrar shall notify the applicant in writing to pay the registration fees within 60 ( sixty ) days from the date of his receiving the notification, otherwise he shall be deemed to have abandoned his application. (2) The Registrar shall issue to the applicant a certificate of registration on Form No. 16 after the publication of a reference to the registration of the mark in one of the daily Arabic newspapers issued in the Sultanate . The Certificate of registration shall include : a) The mark serial number. b) The international registration number, if any. c) a representation of the mark,. d) The name and address of the applicant, his nationality, and domicile. e) The filing date. f) The list of goods or services in respect of which the registration of the mark has been made with an indication of the corresponding class of the international classification. g) If priority has been claimed and the claim has been accepted, the states in which or for which the earlier application was filed, h) If a previous registration has been claimed in accordance with Article 38 ( 4 ) (b) of the Act, the state or territory in which the previous registration was granted . i) The date of publication in the Official Gazette and issue number. j) The date of registration. Article 55 Renewal of Registration (1) The request for renewal of registration of a mark under Article 41 of the Act may be made during the 6 (six) month period preceding the expiry of the expiry of the registration on Form 17 after payment of the prescribed fees and the delay fine, if any . (2) The Registrar shall published the renewal in the Official Gazette after payment of the prescribed fees and record it the Register . (3) The Registrar shall issue a certificate of renewal on Form No. 18 , containing : a) The mark serial number. b) a representation of the mark. c) The name and address of the applicant, his nationality, and domicile. d) The filing date. e) The list of goods or services in respect of which the registration of the mark has been made with an indication of the corresponding class of the international classification. f) The date of publication in the Official Gazette and issue number. g) The date of renewal. Article 56 Assignment, Pledge, Licensing contracts (1) A – The application may request the Registrar on Form No.(19) for assignment of the trademark. He shall enclose with the request the supporting documents, duly authenticated and a copy of the commercial registration certificate. B – No request shall be made for the assignment of a mark considered to be a related mark without the other marks related to it . C – The Registrar shall indicate in the Register the transfer of the mark and mention the name, profession and address of the new owner, and the date of the transfer of ownership, the date of acquisition and the date of indication in the register. The shall so notify the applicant on Form No. 20. D – The Registrar shall publish the transfer of the mark in the Official Gazette after the payment of the fees. The publication shall include: (1) The mark serial number. (2) The date of registration, and the date and issue number of the Official Gazette in which the registration is published. (3) The name of the previous owner of the mark. (4) The name of the assignee,, his nationality, profession and address. (5) The date of the transfer of ownership and the date of recordal in the register. (2) A – The Register shall make reference in the register of the pledge or licensing contract according to the same procedures of the assignment of the mark and the after payment of the prescribed fees. The recordal of the pledge or licensing contract shall include the same details mentioned in paragraph 1-D , above, Application for pledge shall be made n Form No. ( 21) , and the application for licensing contract shall be made on Form No. ( 22 ) . B – Deletion of the pledge shall be pursuant to a request from the owner of the mark to the registrar accompanied with the documents evidence the expiry of the pledge . The deletion must be published in the Official Gazette, indicating the issuer member and member and date of the Gazette in which the pledge was published, after the payment of the prescribed fees . Article 57 Search for a Mark Any interested person may request the Registrar on Form No. ( 23 ) to search for a trademark in the Department registers. The Registrar shall notify the applicant of the result of the search on Form No.( 24 ) making comments, if any . Article 58 Collective and Certification Marks (1) Articles 43 to 46 shall apply, mutatis mutandis, to collective and certification marks subject to the following: (a) an application for registration of a collective or certification mark shall not be accepted unless, in the application for registration, the mark is designated as a collective or certification mark, and unless the application is accompanied by a copy of the regulations governing the use of the mark, duly certified by the applicant; when the application concerns a collective mark, the submission of the copy of the regulations shall be required only when regulations have been established by the by the collectivity that owns the mark; no legalization of such regulations shall be required; (b) the regulations governing the use of the certification mark shall define the common characteristics or quality of the goods or services which the certification mark shall designate and the conditions under which and the persons by whom it may be used; they shall provide for the exercise of effective control of the use of the mark in compliance with those regulations, and shall determine adequate sanctions for any use contrary to the said regulations. (2) The publication of a reference to the registration of the collective or certification mark, in accordance with subrule (1), shall include a summary of the regulations appended to the registration, if any. (3) The notification of changes effected in the regulations governing the use of the mark shall be in writing . (4) For the purposes of use of the collective mark in connection with Article 43 of the Act, the owner of a collective mark may use the mark himself provided it is also used by other authorized persons in accordance with the regulations governing such use; use by such persons shall be deemed to be use by the owner. (5) For the purposes of use of the certification mark in connection with Article 44, of the Act, and whereas the owner of the certification mark is prohibited to use that mark in connection with the certified goods or services, use by certified persons shall be deemed to be use by the owner. . Article 59 Removal on the Ground of Invalidation or of Non-Use (1) Where, in accordance with Article 42, the Court decides that the mark shall be taken off the register in respect of any of the goods or services for which it is registered, the Registrar shall, to that extent, remove the mark from the register. (2) The removal of a mark from the register on the ground of non-use shall be published . . Article 60 International Registrations under the Madrid Agreement and the Madrid Protocol (1) For the purpose of this Law: (a) “Madrid Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted in Madrid on June 27, 1989; (b) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891; (c) “Common Regulations” means the Common Regulations under the Madrid Agreement and Madrid Protocol; (d) “International Bureau” means the International Bureau of the World Intellectual Property Organization; (e) “International Register” means the official collection of data concerning international registrations effected under the Madrid Protocol and the Madrid Agreement, as maintained by the International Bureau; (f) “Basic application” means an application for registration of a mark filed with the Intellectual Property Department under the present Law, which is used as a basis to apply for an international registration under the Madrid Protocol; (g) “Basic registration” means the registration of a mark in the Intellectual Property Department under the present Law, which is used as the basis to apply for an international registration under the Madrid Protocol. Article 61 International Applications Originating from Oman (1) Any communication, including an international application, submitted to the International Bureau through the intermediary of the Office shall be in English. (2) Where an international application is filed with the Office for transmittal to the International Bureau, the Intellectual Property Department shall verify that Oman qualifies as the country of origin under the Madrid Protocol in respect of that application, and that the particulars appearing in the international application correspond to the relevant particulars appearing in the basic application or basic registration, as the case may be, in accordance with the provisions of the Madrid Protocol and the Common Regulations. (3) Where the international application complies with the prescribed requirements, the Intellectual Property Department shall so certify in the application indicating the date on which it was received, and shall forward the application to the International Bureau. (4) The prescribed handling fee shall be due for certifying and forwarding to the International Bureau an international application originating in Oman. (5) Where, in accordance with Article 6 of the Madrid Protocol, the basic application, the registration resulting therefrom or the basic registration ceases to have effect, the Intellectual Property Department shall notify the International Bureau accordingly and shall request the cancellation of the international registration in respect of the goods and services affected. Article 62 International Registrations in Respect of which Oman is a designated Contracting Party (1) Where the Registrar has been notified, by the International Bureau, of an international application containing the designation of Oman, he shall: (a) publish the international application in the Official Gazette and notify any interested person to file an opposition within 90 (ninety) days from the date of the publication in the Official Gazette. (b) regardless of whether an opposition has been filed under subrule (a), examine whether the mark is a mark as defined in Article 1 and is registrable under Article 38 of the Act. 2) Where the Intellectual Property Department finds that the mark that is the subject of an international registration designating Oman cannot be protected, it shall notify a provisional refusal of protection to the International Bureau complying with the requirements prescribed in the Madrid Protocol and the Common Regulations. The holder of that international registration shall enjoy the same remedies as if the mark had been filed for registration directly with the Intellectual Property Department. 3) Where a final decision is taken by the Intellectual Property Department in respect of a provisional refusal, the Intellectual Property Department shall notify that fact to the International Bureau by means of a statement complying with the requirements prescribed in the Madrid Protocol and the Common Regulations. 4) Where the protection of a mark that is the subject of an international registration has been accepted, whether absolutely or subject to conditions or limitations, the Office shall, as soon as may be after acceptance, cause the international registration to be advertised as provided. 5) Where an opposition is filed with the Intellectual Property Department against the international registration, the Intellectual Property Department shall notify that fact to the International Bureau as a provisional refusal based on an opposition, in accordance with the Madrid Protocol and the Common Regulations. The holder of the international registration concerned shall enjoy the same remedies as if the mark had been filed for registration directly with the Intellectual Property Department. 6) Where a final decision is taken by the Intellectual Property Department in respect of an opposition filed against an international registration designating Oman, the Office shall notify that fact to the International Bureau by means of a statement complying with the requirements prescribed in the Madrid Protocol and the Common Regulations. Article 63 Effects of an International Registration 1) An international registration designating Oman shall have the same effects, as from the date of the international registration, as if the mark had been filed directly with the Intellectual Property Department under the Act and these Regulations. 2) If no refusal is notified by the Intellectual Property Department to the International Bureau in accordance with the Madrid Protocol and the Common Regulations, or if such refusal has been subsequently withdrawn, the protection of the mark in Oman shall, as from the date of the international registration, be the same as if the mark had been registered by the Office under the present Law. 3) Where the effects of an international registration are invalidated in Oman and the invalidation is no longer subject to appeal, the Intellectual Property Department shall, provided that he is aware of that decision, notify the International Bureau in accordance with the relevant provisions of the Madrid Protocol and the Common Regulations. 4) Any recording made in the International Register in respect of an international registration shall, to the extent that it applies to Oman as a designated Contracting Party, have the same effect as if it had been recorded in the register of marks at the Intellectual Property Department. 5) Where an international registration designating Oman is a collective mark or a certification mark, the regulations governing the use of such collective mark, if any, or certification mark shall be submitted directly by the holder of that international registration to the Intellectual Property Department within the prescribed time limit. 6) Where : (a) a mark registered in Oman is also the subject of an international registration that extends to Oman; and (b) the same person is recorded as holder of the registration in Oman and of the international registration; and (c) all the goods and services listed in the registration in Oman are also listed in the international registration in respect of Oman; and (d) the extension of that international registration to Oman took effect after the date of registration of that mark in Oman, the Intellectual Property Department shall, upon request from the holder of the international registration, take note of the international registration in the register in respect of the mark registered in Oman. (e) A request under subrule (a) shall be subject to the payment of the prescribed fee. (f)Where the Intellectual Property Department has taken note of an international registration in accordance with subrule (a), it shall notify the International Bureau accordingly. Such notification shall indicate the following: (1) the number of the international registration in question, (2) where only some of the goods and services listed in the international registration are concerned, those goods and services, (3) the filing date and number of the application for registration and the registration date and number of the mark in Oman, (4) the priority date, if any, of the registration in Oman, and (5) information relating to any rights acquired by virtue of the registration of the mark in Oman. (7) (a) Where an international registration designating Oman is cancelled at the request of the Office of origin in accordance with Article 6(4) of the Madrid Protocol, in respect of all or some of the goods and services listed in the international registration, the person who was the holder of the international registration at the date of its cancellation may file with the Intellectual Property Department, within 90 (ninety) days from the date on which the international registration was cancelled, an application for registration of the same mark in respect of goods and services covered by the cancelled international registration. (b) Subject to this subrule, the provisions applicable to an application for registration filed directly with the Intellectual Property Department shall apply mutatis mutandis to an application resulting from transformation under subrule (a). (c) An application under subrule (a) shall include the following: (1) a statement that the application is made by way of transformation, (2) the international registration number of the international registration which has been cancelled, (3) the date of the said international registration, or the date of recording of the territorial extension to Oman, where applicable, (4) the date on which the cancellation of the international registration was recorded, (5) where applicable, the date of any priority claimed in the international application and recorded in the International Register. (d) An application for registration under this article shall be subject to the payment of the standard application fee. (e) Where the mark under the international registration had become protected in Oman on or before the date on which the international registration was cancelled, and provided that all the requirements relating to an application to register that mark under subrule (a) are met, the mark shall be registered by the Intellectual Property Department. Such registration shall bear the date of the cancelled international registration or, where applicable, the date of recording of the territorial extension to Oman, and shall enjoy any priority enjoyed by the cancelled international registration. (f) Where the mark under the international registration had not become protected in Oman on or before the date on which the international registration was cancelled, any procedures already undertaken by the Intellectual Property Department in respect of the international registration on or before the date on which an application under subrule (a) is filed, shall be considered as having been undertaken for the purposes of the application under subrule (a). Such application shall be deemed to have as its application date the date of the cancelled international registration or, where applicable, the date of recording of the territorial extension to Oman, and shall enjoy any priority enjoyed by the cancelled international registration. Article 64 Marking Application and Filing Date (1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letter M, slash, the last two numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for grant of the trademark . (2) The application number allotted under subrule (1) shall be quoted in all subsequent communications concerning the application. (3) The Registrar shall accord as the filing date of the application the date on which the following elements are received in Arabic: (a) an express or implicit indication that the registration of a mark is sought; (b) indications allowing the identity of the applicant to be established; (c) indications sufficient to contact the applicant or his representative, if any, by mail; (d) a sufficiently clear reproduction of the mark whose registration is sought; (e) the list of the goods and/or services for which the registration is sought; and (f) the payment of the prescribed fee. (4) The Registrar shall, in writing, notify the applicant of the application number and the filing date. Article 65 Division of Application Any application listing several goods and/or services (hereinafter referred to as “initial application”) may, (a) at least until the decision by the Office on the registration of the mark; or (b) during any opposition proceedings against the decision of the Office to register the mark; or (c) during any appeal proceedings against the decision on the registration of the mark, be divided by the applicant or at his request into two or more applications (hereinafter referred to as “divisional applications”) by distributing among the latter the goods and/or services listed in the initial application. The divisional applications shall preserve the filing date of the initial application and the benefit of the right of priority, if any. Article 66 Domain Names on the Internet (1) The Uniform Domain Name Dispute Resolution Policy ("the Policy"), as adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into these Regulations and shall therefore set forth the terms and conditions in connection with a dispute between the domain name applicant and any party other than the authority in charge of registering domain names in Oman ("the Authority") over the registration and use of an Internet domain name registered by the domain name applicant. (2) By applying to register a domain name, or by asking the Authority to maintain or renew a domain name registration, the applicant represents and warrants to the Authority that (a) the statements that he made in his Registration Agreement are complete and accurate; (b) to the applicant' s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) the applicant is not registering the domain name for an unlawful purpose; and (d) the applicant will not knowingly use the domain name in violation of any applicable laws or regulations. It is the applicant's responsibility to determine whether his domain name registration infringes or violates someone else's rights. (3) (a) The Authority shall cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: (1) Subject to the provisions of subrule (8), upon the Authority's receipt of written or appropriate electronic instructions from the applicant or his authorized agent to take such action; (2) Upon receipt by the Authority of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or (3) Upon receipt by the Authority of a decision of an Administrative Panel requiring such action in any administrative proceeding to which the applicant was a party and which was conducted under the Policy. (b) The Authority may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements. (4) (a) In the event a dispute arises concerning the application, registration or renewal of a domain name registration in Oman, such dispute shall be referred to the World Intellectual Property Organization (WIPO) and shall be subject to the Articles of Procedure of WIPO. Those disputes will cover in particular allegations by any third party ("the complainant") that (1) the applicant's or owner's ("the defendant") domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (2) the defendant has no rights or legitimate interests in respect of the domain name; and (3) the defendant's domain name has been registered and is being used in bad faith. (b) In the administrative proceeding, the complainant must prove that each of these three elements are present. (5) For the purposes of subrule (4)(a)(3), the following circumstances, in particular but without limitation, if found by the WIPO Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (a) circumstances indicating that the defendant has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (b) the defendant has registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the defendant has engaged in a pattern of such conduct; or (c) the defendant has registered the domain name primarily for the purpose of disrupting the business of a competitor; or (d) by using the domain name, the defendant has intentionally attempted to attract, for commercial gain, Internet users to his web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site or location or of a product or service on his web site or location. (6) Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate the defendant's rights or legitimate interests to the domain name for purposes of subrule (4)(a)(2): (a) before any notice to the defendant of the dispute, the defendant's use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (b) the defendant (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark or service mark rights; or (c) the defendant is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. (7) The mandatory administrative proceeding requirements set forth in subrule (4) shall not prevent either the defendant or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If the WIPO Administrative Panel decides that the defendant's domain name registration should be canceled or transferred, the Authority shall wait 10 (ten) business days after being informed by WIPO of the Administrative Panel's decision before implementing that decision. The Authority shall then implement the decision unless it has received from the defendant during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the defendant has commenced a lawsuit against the complainant in a competent jurisdiction. If the Authority receives such documentation within the ten (10) business day period, it shall not implement the Administrative Panel's decision, and it shall take no further action, until it receives (a) evidence satisfactory to the Authority of a resolution between the parties; (b) evidence satisfactory to the Authority that the defendant's lawsuit has been dismissed or withdrawn; or (c) a copy of an order from such court dismissing the defendant's lawsuit or ordering that the defendant does not have the right to continue to use the domain name in question. (8) (a) The defendant may not transfer his domain name registration to another holder (1) during a pending administrative proceeding brought pursuant to subrule (4) or for a period of fifteen (15) business days after such proceeding is concluded; or (2) during a pending court proceeding or arbitration commenced regarding the defendant's domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. (b) The Authority reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of subrule (a). (c) The defendant may not transfer his domain name registration to another registrar during a pending administrative proceeding brought pursuant to subrule (4) or for a period of fifteen (15) business days after such proceeding is concluded. The defendant may transfer administration of his domain name registration to another registrar during a pending court action or arbitration, provided that the domain name he has registered with the Authority shall continue to be subject to the proceedings commenced against him in accordance with the terms of the Policy. In the event that the defendant transfers a domain name registration to the Authority during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred. (9) In assessing whether the use of a certain domain name on the Internet may cause harm to a competitor and/or may deviate clientele from that competitor, the court shall take into account the language of Article 1 of the Act as regards the definition of "distinctive signs" and, in particular, that the Act provides that domain names are subject to the legal regime that applies to the names of places of businesses (or shop signs) and that, therefore, their protection extends to the geographical area where competing business may take place, regardless of national and political borders. (10) The Authority shall provide online public access to a reliable and accurate database of contact information for domain-names registrants. CHAPTER 3 – GEOGRAPHICAL INDICATIONS Article 67 Application for Registration The application for the registration of a geographical indication shall be made on Form No. 25 after payment of the prescribed fees, and shall include : a) The name, address and nationality of the applicant and his capacity in which the applicant is applying for registration. b) The geographical indication for which registration is sought . c) The geographical area which the geographical indication applies. d) The goods for which the geographical indication is used. e) The quality, reputation or other characteristics of the goods for which the geographical indication is used.The application shall be subject to payment of the prescribed fee. Article 68 Withdrawal of Application The application may be withdrawn by written declaration submitted to the Registrar and signed by each applicant. The application fee shall not be refunded if the application is withdrawn. Article 69 Marking Application (1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letters GI, slash, the numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for registration of the geographical indication . (2) The application number allotted under subrule (1) shall be quoted in all subsequent communications concerning the application. Article 70 Objection to or Conditional Acceptance of Application; Hearing (1) If the Registrar objects to the application for registration of a geographical indication, he shall notify the applicant in writing of his objections with all the relevant details and notify the applicant to amend the application, to submit his observations in writing or to apply for a hearing within 60 ( sixty ) days from the date of the notification. If the applicant does not comply with the notification within the set period, he shall be deemed to have withdrawn his application. (2) If, upon examination Registrar decides to accept the application subject to amendments, modifications, conditions or limitations, he shall communicate the decision to the applicant in writing. If the applicant objects to the amendments, modifications, conditions or limitations, he shall, within 60 ( sixty ) days from the date of the communication, request a hearing or submit his observations in writing. If the applicant does not object to such amendments, modifications, conditions, or limitations, he shall notify the Registrar in writing and amend his application accordingly. If the applicant does not respond in one way or the other within the set period, he shall be deemed to have withdrawn his application. (3) The request for a hearing, which shall be accompanied by the prescribed fee, shall be made in writing to the Registrar who, upon receiving the same, shall give the applicant at least 30 ( thirty ) days notice in writing of the date and time when he may be heard. Article 71 Refusal of Application or Conditional Acceptance to which Applicant Objects If, after a hearing or after consideration of the applicant’s amendments or observations in writing, the Registrar refuses the application or accepts it subject to any amendments, modifications, conditions or limitations to which the applicant objects, he shall communicate his decision to the applicant in writing. The applicant may, within 30 ( thirty ) days from the date of such communication, upon payment of the prescribed fee, request the Registrar to state in writing the grounds of his decision and the materials used by him in arriving thereat. Article 72 Acceptance of Application, Publication (1) If the Registrar accepts the application unconditionally or accepts it subject to any conditions or limitations to which the applicant does not object, he shall so notify the applicant, requesting him to pay the publication fee within 30 ( thirty ) days from the date of the notification. the Registrar shall proceed to publish the application setting out: (a) the geographical indication for which registration is sought; (b) the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration; (c) the name and address of the agent, if any; (d) the demarcation of the geographical area to which the geographical (e) the goods for which the geographical indication is used; (f) the quality, reputation or other characteristic of the goods for which the geographical indication is used, and any conditions under which the indication may be used; (g) the filing date and number of the application. (2) If the publication fee referred to in subrule (1) is not paid within the time limit prescribed, the application shall be considered withdrawn. Article 73 Opposition (1) The notice of opposition, shall be made on Form No. 26 after payment of the prescribed fees. (2) The counter-statement referred to in Article 53(2)(b) shall be subject to payment of the prescribed fee and shall be given within 60 ( sixty ) days from the date the notice of opposition is sent to the applicant and shall be in writing, stating the grounds upon which the applicant relies for his application and accompanied by supporting evidence, if any. (3) The request for a hearing, shall made on Form No. 27 at any time after the filing of the notice of opposition but not after the expiry of the prescribed period for filing the counter-statement. The Registrar shall give the parties at least 30 ( thirty ) days notice of the date set for the hearing, and each party shall pay the prescribed fee for the hearing. (4) Where the Registrar decides to register the geographical indication, he shall notify the opponent, if any, and the applicant in writing, stating the reasons for his decision, and applicant shall pay the registration fee within 30 ( thirty ) days from the date of the notification. (5) Where the Registrar decides to refuse to register the geographical indication, he shall notify the opponent and the applicant in writing, stating the reasons for his decision. Article 74 Registration (1) The Registrar shall register the geographical indication setting out: ( a ) The geographical indication registered. ( b ) The demarcation of the geographical area to which the geographical indication applies. ( c ) The name and address of the owner of the geographical indication. ( d ) The name and address of the agent, if any. ( e ) The goods for which the geographical indication is used. ( f ) The quality, reputation or other characteristic of the goods for which the geographical indication is used and any conditions under which the indication may be used. ( h ) The filing date and number of the application as well as the date of registration. (2) The certificate of registration of the geographical indication shall be issued on Form No. 28. Article 75 Refusal or Invalidation of Registration of Misleading Marks (1) the Registrar has competence according to Article ( 56 ) for refusing or invalidating, ex affico or at the request of an interested party, 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 goods in Oman is of such a nature as to mislead the public as to the true place of origin. (2) The request, to refuse or to invalidate the registration of a misleading mark shall be made on Form No. 29 and shall be subject to the payment of the prescribed fee. (3) Where the Registrar on his motion decides to refuse or invalidate the registration of a mark, he shall, in writing, so notify the proprietor of the mark, stating the reasons for his decision and giving him at least 30 (Thirty ) days to submit a counter – statement and to request a hearing. If a hearing in requested, the registrar shall give the registed proprietor at least 30 (Thirty ) days written notice of the date set for the hearing, and the registered proprietor shall, within that period, pay the prescribed fee for hearing. The Registrar shall notify the registered proprietor in writing of his final decision, stating the reasons therefor. CHAPTER 4 – INDUSTRIAL DESIGNS Article 76 Application for Registration of an Industrial Design The application for the registration of an industrial design shall be made on Form No. 30 and shall be signed by each applicant. The application shall indicate each applicant’s name, address, nationality and residence. Article 77 Number and Size of Representations and Specimen (1) The application shall be accompanied by the following: (a) if the industrial design is two-dimensional, by four graphic representations or four drawings or tracings; or (b) if the industrial design is three-dimensional, by four graphic representations or four drawings or tracings of each of the different sides of the industrial design; and (c) a printing block or printing blocks [of such dimensions as the Registrar may consider appropriate][the dimensions of which shall not exceed ( 10 centimetres x 20 centimetres) . (2) No graphic representation, drawing or tracing of the industrial design shall exceed [10 centimetres x 20 centimetres]. Such representations, drawings or tracings, shall be affixed on four sheets of cardboard of [A4 size]. Drawings and tracings shall be in black ink. A specimen shall be of a size not exceeding 20 centimetres x 20 centimetres x 20 centimetres. Article 78 Declaration of Priority and Translation of Earlier Application (1) The declaration at the time of filing the application for the industrial shall indicate: (a) the date of the earlier application; (b) the number of the earlier application, subject to subrule ( ); (c) the symbol of the International Classification for Industrials Designs which has been allocated to the earlier application, subject to subrule ( ); (d) the State or territory Member of the WTO in which the earlier application was filed or, where the earlier application is a regional or an international application, the State or States for which it was filed; (e) where the earlier application is a regional or an international application, the Office with which it was filed. (2) Where at the time of filing the declaration the number of the earlier application is not known, that number shall be furnished within 90 ( ninety ) days from the date on which the application containing the declaration was filed. (3) Where a symbol of the International Classification for Industrial Designs has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subrule (1) the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated. (4) The applicant may, at any time before the registration of the industrial design, amend the contents of the declaration referred to in subrule (1) hereof. (5) The period for furnishing the certified copy of the earlier application, shall be 90 ( ninety ) days from the date of the request by the Registrar; where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application. (6) Where the earlier application is in a language other than English, the applicant shall, within six months from the date of the aforementioned request, furnish an English translation of the earlier application. (7) Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one copy. Article 79 Marking Application (1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letters ID, slash, the numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for registration of the industrial design (Form No. 31). (2) The application number allotted under subrule (1) shall be quoted in all subsequent communications concerning the application. Article 80 According and Notifying Filing Date; Examination; Decision to Grant or Refuse Application (1) The Registrar shall notify the applicant of his decision to grant or to refuse the application, after examination of the application. The applicant, in the case of decision to grant the application, shall pay the prescribed fees within 90 (ninety) days from the date of the notification, otherwise, he shall be deemed to have abandoned the application. (2) If the Registrar finds that the application did not, at the time of receit, fulfill the requirements provided for in the Act, he shall notify the applicant to file the required correction within 60 ( sixty ) days from the date of the notification, and shall accord as the filing date the date of receit of the required correction. If no correction is made, the application shall be treated as if it had not been filed. (3) Once the Registrar accords a filing date, he shall so notify the applicant in writing, if the application is treated as if it had not been filed, the Registrar shall notify the applicant in writing, specifying the reasons. (4) Refusal of the application shall not affect its filing date which shall remain valid. Article 81 Registration of Industrial Design; Issuance of Certificate (1) The Registrar shall allot to each industrial design he registers a number in the sequential order of registration. (2) The registration of an industrial design shall include a representation of the industrial design and shall specify:- a. the number of the industrial design. b. the name and address of the registered owner; c. the name and address of the agent, if any; d. the name and address of the creator, except where he has asked not to be named in the registration; e. if the priority has been claimed, and the claim has been accepted, the priority date and the country or countries in which or for which the earlier application was filed; and f. the kind of products for which the industrial design is to be used. g. a brief description of the industrial design . (3) The Registrar shall publish a reference to the registration of the industrial design in the Official Gazette after the payment of the prescribed fees. The publication shall contain the particulars specified in the previous paragraph. (4) The certificate of registration of an industrial design shall be issued on Form No. 32. Article 82 Renewal of Registration (1) The application for the renewal of the registration of an industrial design may made in according with Article 24 ( 4 ) of the Act during the six month period preceding the expiry of the registration, on Form No. 33 after the payment of the prescribed fee and the delay penalty, if any . (2) The renewal of the registration shall be recorded in the register and shall be published in the official Gazette, after the payment of the prescribed fees . (3) The Registrar shall issue the certificate of renewal on Form No. 34 which shall contain: (a) The registration number of the industrial design; (b) The date of renewal and the date of expiry. (c) the name and address of the registered owner; and (d) an indication of the kind of products for which the industrial design has been registered. (e) a brief description of the industrial design . Article 83 Special Provisions Concerning The Hague Agreement (1) For the purpose of these Regulations, “the Hague Agreement” means the Hague Agreement Concerning the International Registration of Industrial Designs; “the 1999 Act” means the Act of the Hague Agreement signed in Geneva on July 2, 1999; “the Common Regulations” means the Common Regulations under the Hague Agreement; “international application,” “international registration,” and “date of the international registration” have the same meaning as in the 1999 Act. (2) Except where it is otherwise expressly provided, the provisions of the Act, and of the Articles relating thereto, shall apply, mutatis mutandis, to international registrations of industrial designs that designate Oman. (3) International applications in which Oman is a country of origin must be filed either personally or through an agent directly with the International Bureau or through the Intellectual Property Department. (4) International applications must be filed in English or in French in two copies, one of them being an original copy representing the respective standard form of the International Bureau. (5) In addition to the representations of the design or of the products in which it is incorporated or to which it is applied, the applicant may decide to furnish also samples or models of the design that must comply with the requirements of Art. 5 (3)(b) of the Hague Agreement. (6) The application must be accompanied by a document certifying payment of the prescribed fee, as well as by a document certifying payment of fees payable to the International Bureau. If the applicant fails to pay the fees, the Registrar shall notify him to do so within a period of 30 (thirty) days In case of failure to make the payment within the prescribed term, application shall be deemed withdrawn. (7) Where the Intellectual Property Department is informed by the International Bureau of any deficiencies in the international application, the Registrar shall give notice thereof to the applicant and shall notify him to remedy those deficiencies within 30 (thirty) days . In case the applicant fails to remedy the deficiencies within the specified term, the application shall be deemed to be abandoned within the meaning of the Hague Agreement. (8) Where the Registrar has been notified, by the International Bureau, of an international application containing the designation of Oman, he shall examine whether the industrial design or designs comply with the requirements of Article 21 of the Act. (9) (a) Where the Registrar finds that, in respect of an international application in which Oman has been designated, the requirements of Article 21 have not been complied with, he shall, in accordance with the relevant provisions of the 1999 Act and of the Common Regulations, notify the International Bureau that, to the extent that the said requirements have not been complied with, protection in Oman is refused. Such notification may be total or partial. (b) The holder of the international registration in respect of which such a refusal has been notified shall enjoy the same remedies as if the industrial designs had been the subject of an application for registration under this Act. (10) Where, in respect of an international registration which contains the designation of Oman, no notification of refusal has been sent to the International Bureau in accordance with the relevant provisions of the 1999 Act and of the Common Regulations, or any such refusal has subsequently been withdrawn, the international registration shall have the same effect, from the date of the international registration, as a registration of industrial designs under this Act. CHAPTER 5 – LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS Article 84 Application for Registration of a Layout-Design (1) The application for the registration of a layout‑design shall be made on Form No. 35 and shall be signed by each applicant. (2) The application shall indicate each applicant’s name, address, nationality and residence. (3) Where the applicant is the creator, the request shall contain a statement to that effect, and, where he is not, it shall indicate each creator’s name and address and be accompanied by the statement justifying the applicant’s right to the registration of the layout‑design. (4) The brief and precise designation of the layout-design shall consist of the title of the layout-design indicating the matter to which it relates or indicating the field to which the article in which it is intended to be incorporated, or has been incorporated, relates. (5) Where the application was accompanied by a copy of the layout-design, the applicant shall file a drawing thereof within a period of 30 (thirty) days . Article 85 Withdrawal of Application The application may be withdrawn by written declaration submitted to the Registrar and signed by each applicant.The application fee shall not be refunded if the application is withdrawn. Article 86 Marking Application (1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letters LD, slash, the numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for registration of the layout-design (Form No. 36). (2) The application number allotted under subrule ( 1 ) shall be quoted in all subsequent communications concerning the application. Article 87 According and Notifying Filing Date; Examination; Decision to Grant or Refuse Application (1) The Registrar shall examine whether the application fulfills the requirements . (2) (a) Where the Registrar finds that the application did not at the time of receipt fulfill the requirements, he shall notify the applicant to file the required correction. (b) The notification to file any correction shall specify the correction or corrections required and request that these be filed within 60 (sixty) days from the date of the said notification, together with the payment of the prescribed fee. (3) Once the Registrar accords a filing date, he shall so notify the applicant in writing; if the application is treated as if it had not been filed, the Registrar shall notify the applicant, specifying the reasons. (4) Where the Registrar finds that the conditions , and the Articles pertaining thereto are not fulfilled, he shall notify the applicant to file the required correction within 60 (sixty) days from the date of the notification, together with the payment of the prescribed fee; if the applicant does not comply with the notification to correct a deficiency, or where, despite corrections submitted by the applicant, the Registrar is of the opinion that the said conditions are not fulfilled, he shall reject the application and notify the applicant, in writing, stating the reasons. (5) Refusal of the application shall not affect its filing date which shall remain valid. (6) The Registrar shall notify the applicant of his decision to grant or to refuse the application, and, in the case of a decision to grant the application, he shall request the applicant to pay the registration and publication fee within 30 ( thirty ) from the date of the notification. Article 88 Registration of Layout-Design; Publication of Reference Thereto; Issuance of Certificate 1) The Registrar shall allot to each layout‑design he registers a number in the sequential order of registration. and record it the relevant register. 2) The registration of a layout-design shall contain :- (a) the number of layout-design (b) the name and address of the registered owner (c) the name and address of the agent, if any; (d) the name and address of the creator, except where he has asked not to be named in the registration; and (e) the date of the first commercial exploitation, anywhere in the world, of the layout-design or an indication that such exploitation has not yet commenced. (f) a brief description of the layout-design. 3) The Registrar shall publish a reference to the registration in the official Gazette after the payment of the prescribed fees. 4) The certificate of registration of a layout-design shall be issued on Form No. 37. CHAPTER 6 – Unfair Competition Article 89 Measures Related to Pharmaceutical and Agricultural Chemical Products Article 64(3)(A)(1) of the Act shall be construed to provide that: 1 - unfair commercial use includes reliance by a governmental authority upon undisclosed test or other data concerning safety and efficacy submitted to it as a condition of marketing approval, without consent of the person submitting the data, within the applicable minimum 5 or 10 year period, in the approval of a same or similar product. 2- the applicable minimum 5 or 10 year period begins on the marketing approval date in Oman of the pharmaceutical or agricultural chemical product the data was originally submitted to support. 3 - unfair commercial use also includes reliance by a governmental entity on undisclosed test or other data submitted to it as a condition of marketing approval for a new use of an agricultural chemical product which does not contain a chemical entity which has not been previously approved in Oman, in the approval of a same or similar product based on that data within 10 years from the date of the original marketing approval of the agricultural chemical product in Oman.

“Budapest Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980

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 provision shall not apply to certification marks.

Section 61

Section 62

Section 63

Section 64

Section 65

Part I: Infringement Proceedings

PART II: Provisional Measures

PART III: EVidence; Burden of Proof

PART IV: Damages; Other Remedies

Part V: Border Measures

Chapter I: Border Measures by the Customs Department

Chapter II: Border Measures by Court Order

Chapter III: Proceedings Leading to Decisions on the Merits of the Case

Chapter IV: General Provisions AS REGARDS BORDER MEASURES

Section 99

Article 13

International applications filed through the Patent Cooperation Treaty

CHAPTER II: MARKS

Article 50

Objection to or Conditional Acceptance of Application; Hearing

a) The name, address and nationality of the applicant and his capacity in which the applicant is applying for registration.

b) The geographical indication for which registration is sought .

c) The geographical area which the geographical indication applies.

d) The goods for which the geographical indication is used.

e) The quality, reputation or other characteristics of the goods for which the geographical indication is used.The application shall be subject to payment of the prescribed fee.

Article 68

Withdrawal of Application

(1) The notice of opposition, shall be made on Form No. 26 after payment of the prescribed fees.

( a ) The geographical indication registered.

( b ) The demarcation of the geographical area to which the geographical indication applies.

( c ) The name and address of the owner of the geographical indication.

( d ) The name and address of the agent, if any.

( e ) The goods for which the geographical indication is used.

( f ) The quality, reputation or other characteristic of the goods for which the geographical indication is used and any conditions under which the indication may be used.

( h ) The filing date and number of the application as well as the date of registration.

Article 83

Special Provisions Concerning The Hague Agreement