INTELLECTUAL PROPERTY RIGHTS IN OMAN
Opposition Term |
02 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
In Oman, the registration, use, and enforcement of trademarks are regulated by the Law of Industrial Property Rights, promulgated under Royal Decree No. 67/2008 (‘The IP Law’). The Ministry of Commerce and Industry (‘MOCI’) issued the Executive Regulations of the IP law, which govern the application of the law and its provisions under the Ministerial Decision No. 105/2008 (the ‘Executive Regulations’).
For getting a trademark registered, an application must be lodged before the Intellectual Property Department (the ‘IP Department’) at the MOCI.
It is based on a ‘first-to-file’ system.
As per Oman's membership to the Nice Agreement and the Paris Convention, goods and services must be classified under the Nice International Classification System. The 11th edition of Nice Classification is currently in use in Oman. A separate application must be filed for each class of goods or services.
The opposition period is two (02) months from the date of the publication of the trademark application in the official gazette.
A trademark registration in Oman is valid for ten (10) years from the date of application, which is further renewable indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Oman has been a contracting party to the Paris Convention for the Protection of Industrial Property since July 14, 1999. It has also been a contracting party to the Patent Cooperation Treaty (PCT) since October 26, 2001. In addition, it is a party to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the Patent Law Treaty (PLT).
The Industrial Property Rights Law (‘IPRL’), promulgated by the Royal Decree 67/2008 - governs the protection and use of patents.
For seeking patent protection in Oman, an application has to be filed with the Patent Office, which administers the entire process of patent grant.
In Oman, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Any pre-grant oppositions may be filed within one hundred and twenty days (120) days from the date of the publication.
Patents last for twenty (20) years in Oman. Annuities are to be paid on the anniversary date of the filing of the patent with a grace period of three (03) months without a fine, which is extendable by another three (03) months with a fine. The payment of annuities can be made on or before the due date at any time and for any number of years.
Industrial Design Law No. Royal Decree No. 39/2000 - governs and deals with the mechanism of registration of industrial designs in Oman.
For getting an industrial design registered in Oman, an application has to be filed with the Department of Agencies and Intellectual Property of the Ministry of Commerce and Industry, which administers the entire process of registration.
The types of industrial design applications that can be filed in Oman include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Oman.
Utility model protection is provided under industrial design protection in the nation. The same can be protected for a period of ten (10) years.
The registration term of an industrial design lasts for five (05) 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 may be further renewed for two (02) consecutive periods of five (05) years each. A grace period of six (06) months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge, otherwise the registered industrial design would lapse. There is no restoration of lapsed registered industrial designs.
Oman is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Royal Decree No. 37/2000 on Protection of Copyright and Related Rights governs the law on copyright protection in Oman.
Copyrighted works do not need to be registered to acquire protection in Oman. However, the government still provides a mechanism for registration to those who wish to do so. The Ministry of Commerce and Industry (MOCI) publishes in the Official Gazette the details of the works that have been deposited for copyright registration.
The term of protection for the financial copyright, stipulated under this Law, is the life of the author and seventy (70) years starting from the beginning of the Gregorian calendar year following the year of his death.
The financial rights of the audio-visual works and collective works are protected for ninety-five (95) years starting from the first day of the Gregorian calendar year following the year during which these works were published for the first time, and if such works were not published during twenty-five (25) years starting from the date on which they were completed, the financial rights of these works are protected for one hundred twenty years (120) starting from the first day of the Gregorian calendar year following their creation.
The financial rights of the works of applied arts are protected for ninety-five (95) years starting from the first day of the Gregorian calendar year following the year during which these works were published for the first time. If such works were not published during twenty-five (25) years starting from the date of completion, the economic rights of these works are protected for one hundred twenty years (120) starting from the first day of the Gregorian calendar year following their creation.