Oman IP Development

IP OVERVIEW OF OMAN
Oman’s IP Laws are basically complete since around the year 2000, including: the Industrial Property Rights Law (promulgated by the Royal Decree No. 67/2008) (2008), involving patent (invention), trade names, trademarks, geographical indications, utility models, industrial designs, layout designs of integrated circuits, and other types of intellectual property objects registration, protection and other aspects; the Royal Decree No. 65/2008 promulgating the Law on Copyright and Related Rights (2008), involving copyright and related rights (neighboring rights) protection, as well as the protection of the contents of traditional cultural expressions and traditional knowledge. The Royal Decree No. 49/2009 promulgating the Law on the Protection of Breeders' Rights in New Varieties of Plants (2010) provides protection for new plant varieties; In addition, the provisions of protection for undisclosed information (trade secrets) are contained in the Commercial Code of Oman (Royal Decree No. 55 / 90). The Regulations No. 105/2008 under the Law on Industrial Property Rights & Their Enforcement for the Sultanate of Oman (2008) provides for specific supporting procedures, costs, IPRs administrative bodies and other contents.
Oman joined a large number of international treaties protecting intellectual property rights, including the Hague Agreement Concerning the International Registration of Industrial Designs, the Trademark Law Treaty, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the WIPO Performances and Phonograms Treaty (WPPT), the WIPO Copyright Treaty (WCT), and the Patent Cooperation Treaty (PCT). Oman has also signed a number of multilateral treaties relating to intellectual property, including the Agreement on the Importation of Educational, Scientific and Cultural Materials (December 19, 1977), the International Convention for the Protection of New Varieties of Plants (UPOV) (November 22, 2009),  and the Convention on the Rights of Persons with Disabilities (February 1, 2009), and so on.
 
Oman IPRs Administration and Enforcement
The IPRs administrative authority of Oman is the Intellectual Property Department under the Ministry of Commerce and Industry (MOCI). Under the Regulations No. 105/2008 under the Law on Industrial Property Rights & Their Enforcement for the Sultanate of Oman (2008), industrial property rights include trademarks, patents, utility models, industrial designs, collective trademarks, and geographical indications. The Regulations No. 105/2008 under the Law on Industrial Property Rights & Their Enforcement for the Sultanate of Oman (2008) are uniformly developed and published by the MOCI. The Intellectual Property Department under the MOCI is responsible for the registration and management of various industrial property rights. After the completion of relevant procedures of the Industrial Property Registry, the intellectual property rights will be authorized or registered, and the IPR licenses will be collectively issued by the director of the Intellectual Property Department.
The MOCI issued the Ministerial Decree No. 103/2008 for the executive regulations of the Law on Copyright and Neighboring Rights (2008). Under the Industrial Property Rights Law (promulgated by the Royal Decree No. 67/2008) (2008), any interested person (including the applicant) who is dissatisfied with the decision of the MOCI, the Intellectual Property Department or any other competent IPRs authority, in respect of any industrial property, may file a litigation with the competent court within 60 days from its awareness of that decision.
 
Oman Major IPRs Protection Systems
Oman's copyright protection covers any literary, artistic and scientific works of originality. Such protection does not require registration, which will be effective automatically from the date of completion of works. Article 2 of the Royal Decree No. 65/2008 promulgating the Law on Copyright and Related Rights (2008) provides for the scope of copyright protection, with a non-exhaustive list of (including but not limited) literary and artistic works, computer programs and databases, as well as any title of works, which is original.
The Royal Decree No. 65/2008 promulgating the Law on Copyright and Related Rights (2008) gives copyright holders a wide range of exclusive economic rights, and also provides additional protection for performing works, sound recordings and broadcasting.
If an invention is novel and contains inventive step and industrially applicable invention, it can be patented. As for the patent application process, any patent applicant shall comply with the relevant rules.
The Intellectual Property Department under the MOCI, after receiving the patent application, will firstly determine the date of application. Any interested party upon payment of the prescribed fee, can receive a copy of the application containing all the contents of patent application, accessible by the public. The period of patent protection will be generally 20 years from the date of application. However, certain conditions being met, the patent holder may apply to extend or shorten the period by law. The reasons to extend the period are mainly delay for commercial application beyond the applicant’s control, and the reasons to shorten the period are mainly failure to pay and damage to third party rights, etc.



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