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Industrial design law of Oman

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Industrial design law in Oman is governed by the Industrial Property Law issued by Royal Decree No 67/2008[1] which was later amended by Royal Decree No 131/2008.[2]

History of Design Law in Oman

The first design related law was issued in 2000[3] as part of the process of Oman's accession to the World Trade Organisation (WTO). This law was later repealed by the current comprehensive Industrial Property Law issued in 2008[1] as part of Oman's prerequisites for the entry into force of the Free Trade Agreement signed with the United States.

Industrial Design Protection

Definition of Industrial Design

Article 1 of the Industrial Property Law [1] states that an industrial design is any formation of lines, colors, or 3D shapes, whether connected by lines and colors or not, that adds a unique look to an industrial or handicraft good and may be recognized by the naked eye.

Requirement for Registration

In order for a design to be protected such a design must:

  • Be novel in the sense that it has not been disclosed the public prior to the date of the application for registration.[4]
  • Have an individual character that distinguishes the design to a sufficient degree from all designs disclosed the public anywhere in the world.[5]

Exemptions from Protection

The Omani Industrial Property Law does not allow for the protection of the following:

  • Any aspect of the design which is solely dictated by a technical character.[6]
  • Designs which are contrary to public order and morals.[7]

Duration of the Protection

The law grants the owner of the design a protection that initially lasts for 5 years, which can be renewed for up to a maximum of 15 years.[8]

Rights of a Registered Design Owner

The owner of a registered design has the right to stop others from manufacturing, selling, or importing, goods that include or portray a design that is copied in part of whole from the registered design. This right is only related to commercial uses and does not cover non-commercial uses of the design.[9]

References

  1. ^ a b c "Industrial Property Law" (PDF). Royal Decree No 67/2008. Ministry of Legal Affairs. Retrieved 25 September 2012.
  2. ^ "Amending Some Provisions of the Industrial Property Law" (PDF). Royal Decree No 131/2008. Ministry of Legal Affairs. Retrieved 25 September 2012.
  3. ^ "Issuing the Law of Industrial Designs and Patters", Royal Decree No 39/2000, issued on May 21, 2000, published in issue no 672 of the Official Gazette.
  4. ^ Article 20(1), Industrial Property Law, Royal Decree No 67/2008.
  5. ^ Article 20(2), Industrial Property Law, Royal Decree No 67/2008.
  6. ^ Article 19, Industrial Property Law, Royal Decree No 67/2000.
  7. ^ Article 20(4), Industrial Property Law, Royal Decree No 67/2000.
  8. ^ Article 24(5), Industrial Property Law, Royal Decree No 67/2000.
  9. ^ Article 24(1), Industrial Property Law, Royal Decree No 67/2000.
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