Industrial Design Law of Oman
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 This law was later repealed by the current comprehensive Industrial Property Law issued in 2008[1] as part of Oman's prerequisites for the entry into force of the Free Trade Agreement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 USA.
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 2 3 "Industrial Property Law" (PDF). Royal Decree No 67/2008. Ministry of Legal Affairs. Retrieved 25 September 2012.
- ↑ "Amending Some Provisions of the Industrial Property Law" (PDF). Royal Decree No 131/2008. Ministry of Legal Affairs. Retrieved 25 September 2012.
- ↑ "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.
- ↑ Article 20(1), Industrial Property Law, Royal Decree No 67/2008.
- ↑ Article 20(2), Industrial Property Law, Royal Decree No 67/2008.
- ↑ Article 19, Industrial Property Law, Royal Decree No 67/2000.
- ↑ Article 20(4), Industrial Property Law, Royal Decree No 67/2000.
- ↑ Article 24(5), Industrial Property Law, Royal Decree No 67/2000.
- ↑ Article 24(1), Industrial Property Law, Royal Decree No 67/2000.
External links
- Industrial Property Law, English translation of the law.
- Industrial Property Law, Original text of the law in Arabic (Does not include amendments).
- Oman IP Laws and Treaties, World Intellectual Property Organization
- Ministry of Commerce and Industry of Oman
- Ministry of Legal Affairs of Oman
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