RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/282/Add.2
13 September 2001
(01-4308)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Oman to the questions posed by the United States
Addendum
By means of a communication from the Permanent Mission of Oman, dated 31 August 2001,
the Secretariat has received the following responses to the questions posed by the United States, as
circulated in document IP/C/W/268/Add.1.
_______________
A. G ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most
favoured nation treatment are provided to nationals of other WTO Members.
The Royal Decree 92/2000 promulgated the Law on the  Protection of New Plant Varieties.
Article 7 of this law provides that the breeder's right, in accordance with this law, is enjoyed by
Omani nationals, Omani juridical persons, resident expatriates and foreign juridical persons located inOman and the subjects of countries that provide in their legislation protection for Omani national
protection not less than the protection stipulated in this law provided that they have legal resident
agents.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Oman complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne
Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPS Agreement.
Article 9 of the TRIPS Agreement obligates member States to comply with the provisions of
Articles 1 to 21 of Berne Convention (1971) and it s Appendix.  According to Article 9.2 of the TRIPS
Agreement, copyright protection shall extend to expressions and not to ideas, procedures, methods of
operation or mathematical concepts as such.  There is nothing conflicting with this meaning in the
Law on the Protection of Copyright and Relate d Rights promulgated by the Royal Decree
No. 37/2000.
3. Please explain how the copyright law of Oman protects computer programs as literary works
and compilations of data as required by Article 10 of the TRIPS Agreement.IP/C/W/282/Add.2
Page 2
Article 13 of the Law on the Protection of Copyright and Related Rights provides that author's
rights may not be seized pursuant to a court decision.  However copies of a published work may be
seized; works whose owners die before their publica tion may not be seized unless it is proven beyond
any doubt that such owners intended to publish such works before their death.
Article 14 provides that upon request from the author, the owner of the author's rights or their
successors in title, the competent court may order the following provisional measures:
• Put an end to the infringement of any right protected under this law.
• Seize the infringing copies of the work and the material used in making such copies.
• Designate an official receiver for the work under conflict, who shall be responsible
for republication, presentation, manufacturing or the making of copies of the work.The resulting proceeds shall be deposited with the Court Treasury.  Such receivership
shall cease by agreement between the concerned parties or by a court decision.
• Designate an expert to assess the proceeds of such republication or presentation if
necessary, and seize the income in all cases.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law
of Oman.
Article 10 of the Law on the Protection of Copyright and Related Rights provides that the
author or the holder of author's right may transfer the economic rights in the work in whole or in part,
for free or against compensation- Such act must be made by a written contract specifying explicitly
and in details each right subject to the act with an indication of the scope, objective, period and place
of exploitation and the compensation, if any.
5. Please state the length and terms of protection the copyright law of Oman provides  for a
work other than a photographic work or a work of applied art and cite to the relevant provision of
law.
Article 8 of the Copyright Law provides that the term of protection of author's financial rights
shall continue for fifty years from the date of the first publication as to the following works:
cinematographic works, works of applied arts and photographs.
6. Please describe the protection the copyright law of Oman provides for performers, and the
term of the protection.
Performers enjoy the same protection mentioned in the answer to question 3.  As for the
protection period, Article 19 provides that:
"The term of protection of the rights of perf ormers and producers of sound recordings shall be
fifty years, under the Gregorian Calendar, from  the beginning of the first year after the
starting date of the recording, fixation or performance, as the case may be."
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms are to have the right to authorize or prohibit the commercial
rental to the public of originals or copies of their phonograms.  Please describe how the copyright
law of Oman implements these obligations  and indicate the term of protection.IP/C/W/282/Add.2
Page 3
Article 18 of the Copyright Law provides that producers of sound recordings shall enjoy the
following rights:
• Direct or indirect reproduction of their recordings.
• Commercial rental of their recordings.
C. T RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Oman.
Article 1 of the Law on Trademarks, Indicati ons and Secrets and Protection against Unfair
Competition provides that a trademark means any visible form capable of being distinguished andconsists of words, signatures, personal names, letters, numbers, logos, symbols, addresses, seals,
engravings, combinations of colours, figurative el ements or any other sign or combination of such
elements, if it is used or intended to be used to distinguish goods, products or services as those of the
owner of the mark by reason of their manufacture, choice, sale or offering for sale.
9. Please describe the procedure that must be followed to register a trademark in Oman, citing
the relevant provisions of the law, and describe the rights that the owner of a registered mark can
exercise.
Application for the registration of the trademark is made on the form designated therefore,
signed by the applicant or his duly authorized agen t and accompanied with the fees for the registration
of the application.
• Application must be limited to the registration of one trademark.
• In case the applicant is a company non-existing in Oman, the application must be
accompanied with a power of attorney.
• The Department shall examine the application and if accepted, it shall be published in
one daily newspaper and the Official Gazette. Then a registration certificate shall be
issued if the mark is not objected to within the legal period and a period of two
months from the date of publication.
• The owner of the mark shall have the right to license the use of the mark, transfer its
ownership and to prevent its imitation.
10. Please provide the length and terms of prot ection that the trademark law of Oman provides
for a trademark.
Article 16 of the Law on Trademarks provides that:
"The term of protection resulting from the registration of the mark shall be ten years.  The
right holder may secure the continuity of such protection for similar periods by making a
request for renewal, within the last year and under the conditions prescribed by the
regulations.  Within the month following the expiration of the term of protection, the registrar
shall send at the address of the owner of the mark a written notification of the expiration ofthe mark.  If, within the six months following the expiration date, the owner of the mark failsIP/C/W/282/Add.2
Page 4
to make a request for renewal, the Registra r shall remove the mark from the Register ex
officio ."
D. G EOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Oman provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
Article 5 of the Law on the Protection and Geographical Indications provides that a good may
not be designated or presented to the public in a manner which suggests that it originates in a
geographical area other than the true place of origin, misleads the public or constitutes an act of unfair
competition, including the use of the false geographical indication with a mention of the true place oforigin of the good and the use of a geographical indication in translation or accompanied by
expressions such as kind, style or imitation.
We have no examples so far as these laws are new to us and the implementing regulations
have not been issued yet. However geographical i ndications in the Sultanate enjoy protection whether
they are registered or not.
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Ag reement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
The law provides adequate protection for all geographical indications including wines and
spirits. (Refer to the previous answer)
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of  Oman, and describe the nature of the protection
provided.
Registration of industrial designs is a must in order to obtain protection therefore as such
registration is considered a proof of ownership un less it is established otherwise. Article 12 of the
Law on the Protection of Industrial Designs provides that
"Any person who carries out any of the following acts shall be punishable by imprisonment
for a period not exceeding two years, a fine no t exceeding two thousand Rials Omani or both:
(a) imitates an industrial design registered under this law.(b) knowingly sells, offers for sale, imports or processes with the intention to sell
products embodying an industrial design registered in Oman.
(c) illicitly affixes; on products, advertisements, trademarks, containers or other object
indications that may lead to believe that the object is a registered industrial design."
14. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the relevant provisions of law or regulation.
There is no special protection or treatment for te xtile designs as they are considered industrial
designs.IP/C/W/282/Add.2
Page 5
F. P ATENTS
15. Please describe in detail the way in which the patent law of Oman implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
Article 4 of the Patent Law provides that:"The following are not regarded as inventions according to the regulations of this law:
(a) Scientific theories, mathematical methods, computer programs, pure mental activities
and playing game.
(b) Plant and animal research, or biological methods for the production of plants, animals
or types of plant and animal.  Exempted from this Article is minute biology and its
produce.
(c) Methods of surgical or medical treatment of human and animal body, and methods for
diagnosis of illnesses applied to humans or animals."
16. Please describe in detail the rights provided patent holders under the patent law of Oman and
cite to the relevant provisions of law.
Article 9 of the Patent Law provides that the patent entitles its owner to exploit the invention
by manufacturing, using such invention and importing what is manufactured thereof, selling and
offering it for sale whether the subject of the patent is a product or a process.  Third parties shall not
exploit the patent without having the owner's consent.
17. Please describe in detail any provisions in the laws of Oman permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such
use can occur.
Article 15 of the Patent Law provides that:
"Three years after awarding the patent, whomever is concerned may request a compulsory
licence to utilize the invention for any of the following reasons:
(a) Not utilizing thepatent actively and serious ly within three years from being awarded.
(b) Suspension of the utilization of the invention protected by the patent, by the patent
utilizer, for two consecutive years.
(c) The patent holder's refusal to grant license  contact to utilize it, which may impact the
establishment, or development of industrial or commercial activities within theSultanate of Oman."
18. What term of protection does the patent law of Oman provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
Article 11 of the Patent Law provides that patent protection period shall be twenty years, from
the date of obtaining the patent and the invention during the term from the date of applying for the
patent until the patent is obtained shall enjoy the same protection as determined for the patent.IP/C/W/282/Add.2
Page 6
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Oman, including the term of protection, and cite to the relevant provisions of law.
Article 11 of the Law on the Protection of Layout-Designs (Topographies) of Integrated
Circuits provides that, whoever:
• reproduces a layout-design protected under th is law without authorization of the right
holder; or
• imports, sells or distributes a registered layout-design or a product incorporating an
integrated circuit without authorization of the right holder, shall be punished by aterm of imprisonment not to exceed two y ears or/and a fine of not more than two
thousand Rials Omani.
The protection period is ten years from the date of the filing of the registration application.H. P
ROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Oman provide for the protection of undisclosed
information as required by Article 39.2 of the TR IPS Agreement and provide citations to the relevant
provisions of law.
Article 34 of the Trade Marks, Data Secrets a nd Protection from Unfair Competition provides
that natural and legal persons shall not disclose information lawfully within their control in a mannercontrary to honest commercial practices so long as such information is secret in the sense that it is
unknown, has commercial value because it is secret or has been subject to reasonable steps to keep it
secret or not easily accessible to an ordinary person within the circles that normally deal with the kind
of information in question.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Oman and cite to the relevant provisions of law.
Article 34 also provides that disclosure includes use of the data, tests or other undisclosed
information submitted to competent authorities in or der to obtain the marketing licenses necessary for
pharmaceuticals or of agricultural chemical products which utilize new chemical entities the
originating of which resolves a considerable effort.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
See the answers to questions 20 and 21.  Measures shall be detailed in the regulations to be
prepared.
I. E
NFORCEMENT
23. Please describe in detail the manner in which the laws of Oman provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.IP/C/W/282/Add.2
Page 7
Answers to questions 23 to 26 are included in the attached appendix that contains all related
matters to enforcement and criminal procedures as pr ovided in the different Omani laws as there is no
separate enforcement law so far.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production
of evidence necessary to substantiate a party’s claims where that party has been unable to obtain
such evidence from the opposing party.  Please desc ribe how the laws or regulations of Oman provide
this authorization, citing to the relevant provisions of law or regulation.
Please see the reply to question 23.
25. Please describe in detail the all of the civil remedies that are available to right holders under
the laws of Oman, citing to the relevant provisions of law or regulation.
Please see the reply to question 23.
26. Please describe in detail the provisional procedures and remedies available to right holders
under the laws of Oman, citing to the relevant provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
Please see the reply to question 23.
J. S PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Oman that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
See the appendix.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each form of
intellectual property, citing the relevant provisions of law.
In the appendix there are references to some border measures related to imports.  We may
resort to reference laws such as the unified custom s law.  As for the competent authorities, they are
the Commercial Court, Customs and the Department of Intellectual Property, especially in relation to
trademarks.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please explain whether the competent authorities in Oman are
empowered to act ex officio and, if so, please iden tify the intellectual property areas subject to ex
officio action.
In the event that the competent authorities receive information regarding infringement of
intellectual property rights, the infringing goods may be suspended or prevented form entering the
Sultanate. In case of counterfeit goods the authorities shall suspend them. The authorities have
recently conducted inspection campaigns on visual and audio tapes shops and confiscated all limited
works.
K. C RIMINAL PROCEDURES
30. Please describe in detail how the laws of Om an implement Article 61 of the TRIPS Agreement
that requires Members to have criminal proce dures and penalties, including imprisonment and/orIP/C/W/282/Add.2
Page 8
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
See the appendix.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence.  Please describe the provisions in the laws of Oman that provide
for such remedies, and describe the circumstances in which those remedies would be imposed, citing
to the relevant provisions of law or regulation.
See the appendix.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of
the laws of Oman that provide for such procedures and remedies, citing to the relevant provisions oflaw or regulation.
See the appendix.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcement
for 2000, including the number of cases filed; injunctions issued; infringing products seized;
infringing equipment seized; cases resolved (i ncluding settlement); and the amount of damages
awarded.
No statistics can be available as to geographical indications, industrial designs, patents,
integrated circuits and trade secrets for the year 2000 as the executive regulations have not been
issued yet.  The statistics for trademark are as follows:
2822 applications for the registration of trademarks.
1183 trademarks registered1018 applications for the examination of marks.
1416 entries of trademark data.
86 assignments.
244 transfer and property.
4249 file studies.1044 renewals of trademarks.
The number of applications for filing intellectual works in 2000 amounted to 96 filing applications for
which 96 certificates were issued.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions,
convictions, and the amount of fines and/or jail terms (including whether the fines were paid and
whether the jail term was actually served or was suspended) and any other information establishing
that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
In the year 2000, 55 000 audio-visual works including computer programs were confiscated.
As for deterrent laws, we have addressed them with in the answers related to enforcement and criminal
procedures.IP/C/W/282/Add.2
Page 9
APPENDIX COMPRISING ALL THE LAWS ON
ENFORCEMENT AND CRIMINAL PROCEDURES
IN THE SULTANATE OF OMAN
Patent Law 82/2000
Article (9):  The Patent entitles its holder the right to utilize the invention by manufacturing, usage,
import whatever is being manufactured and offer it for sale, whether the subject of the invention was
material produce, industrial operation or manufacturing process. Others may not utilize the patent
without the patent holder's permission.
Article (21):  In the event of any illegal act, or violation of this law or the licence awarded in
accordance with its provisions, the patent holder, or whomever some or all the patent's rights have
been assigned to, in accordance with this law., ma y request the competent court to issue a provisional
seizure on the invention and the installation used or utilized for the invention , or part therefrom.
Article (23):  Anyone requesting a provisional seizure should deposit a bond, to be specified by the
court, prior to the seizure order. The confiscator should raise the subjective case within eight days
from the court's order, otherwise it shall be considered as null and void.
Article (24):  Without prejudice to any greater penalty stipulated by another law, anyone submitting
false or incorrect documents or information to obtain a patent, or anyone forging an invention ormanufacturing process, or encroached intentionally upon any right protected by this law, shall be
punished by imprisonment for not more than two y ears and/or a fine not exceeding Rials Omani two
thousand.
The Court may order the seizure of confiscated items, or its destruction, together with the machinery
and equipment used in the forgery.
Penal Code No 7/74:
Article (307):  Shall be punished by imprisonment for a term of three months to two years and a fine
of Rial Omani ten to three hundred, whoever imitates an invention or an industrial design registered in
the territory of the Sultanate or abroad to make profit or to cause damage to the owner of such
invention or industrial design,
Law of Trademarks 38/2000
Article (35):  A punishment by imprisonment for a period not exceeding two years and /or a fine not
exceeding two thousand Rials Omani. shall be applicable to any person who:
(i) counterfeits a mark registered under this Law, imitates such mark in a manner that is
likely to mislead the public or uses in bad faith a counterfeited or imitated mark;
(ii) knowingly sells, offers for sale or circulation, possesses with the intention to sell,
products bearing a counterfeited, imitated or illicitly placed mark;
(iii) uses in bad faith a mark identical with or similar to a well-known marks, whether
registered or not registered, in a manner that is likely to mislead the public, providedthat, in the case of a well-known mark that is not registered, goods or services are
identical or similar;
(iv) contravenes in bad faith provisions on trade indications;IP/C/W/282/Add.2
Page 10
(v) intentionally contravenes provisions on unfair competition or protection of trade
secrets.
Article (36):  The owner of a mark may, at an y time even before filing a commercial or criminal
action, request, by a petition accompanied by an official certificate of the registration of the mark, thatthe chief judge of the Commerce Court issues an order to take the necessary conservative measures,
particularly the seizure of equipment and implements likely to be used or effectively used in
committing the offence.  The same shall apply to product, goods, titles, packages, papers or whatever
bears the infringing mark or indications.  Such seizure may be executed upon importation of the
goods. The order may include the designation of an expert or more to assist in the seizure and require
that the person making the request makes a deposit.
Article (38):  In any commercial or criminal action, the competent court may decide to confiscate the
material seized or to be seized to deduct its value from damages or fines or dispose thereof in any
other manner considered convenient by the court.
In addition, the court may decide the destruction of illegal marks and, when necessary, products,
packages, wrapping material titles, catalogues and other material bearing such marks or illegal
indications.  It may also order the destruction of equipment and implements particularly used in
counterfeiting. Such orders may be issued even in the case where a judgement of non guilty is
rendered.
The court may order the publication of the decision in the Official Gazette at the expense of the
person against whom the decision was pronounced.
Oman Penal Code 7/74
Article (305):  Shall be punished by imprisonment for a tern of three months to three years and a fine
between Rials Omani 20 and 500 whoever imitates a distinguishing registered mark belonging to a
third party, whatever its shape may be, or pl aces such mark on any product or a commercial
commodity.  Also, the same punishment shall apply to whoever, knowingly, offers for sale or sells a
product or a commodity bearing such imitated mark.
Article (306):   Shall be punished by imprisonment for a te rm between two mouth and two years and a
fine of not less than Rials Omani 20 (twenty) and not more than Rials Omani 300 (three hundred)
whoever make a mark similar to a registered mark  with the intention of swindling without imitating
such mark, and whoever uses such similar mark or se ll or offer for sale a product bearing such mark if
his act may mislead the buyer.
Article (307):  Shall be punished by imprisonment for a term between three months and two years and
a fine of ten Rials Omani to Rials Omani three hundred whoever:
illegally uses, in any way, the trade name of a third party even if the illegally used name is a little bit
distorted or associated with an epithet other than that of the owner of such trade name or with anyexpression that keeps the distinguishing letters of the name and leads to confusion.
Commercial Law No 55/90
Article (47):  Where a tradename is used by a person other than its owner or if used by its owner in a
manner inconsistent with the law, the parties concerned may apply for ban on its use.  They may also
apply for the deletion thereof if it is recorded in the Commercial Register and may also have recourse
to compensation where there is cause.IP/C/W/282/Add.2
Page 11
Article (48):  The merchant may not resort to dece ption and fraud in disposing of his goods and shall
not publish false information in respect thereof which is damaging to the interests of another
competing merchant, otherwise he shall be liable for compensation.
Article (49):   The merchant may not disseminate any particulars which are inconsistent with fact as
regards the origin or description of his goods or the importance of his trade.  Neither may he declare
contrary to fact that he holds a degree or certificate or award nor resort to any other method which
misleads with intent to entice clients from another competing merchant, otherwise he shall be liable to
pay compensation.
Article (50):  A merchant may not induce the workers or employees of another merchant to assist him
in enticing clients from such merchant or to leave th e service of the latter to enter into his service and
disclose to him the secrets of his competitor.  Su ch activities shall be deemed unlawful competition
which requires compensation.
Article (5l):  A person whose profession it is to provide commercial entities with information on the
situation of merchants and who in return for a fee deliberately or by way of gross negligence suppliesfalse information about the conduct or financial position of a merchant shall be liable to compensate
for the damage caused by this error.
Law on the Protection of Industrial Designs No. 39/2000
Article (12):  Any person who carries out any of the following acts shall be punishable by
imprisonment for a period not exceeding two years, a fine not exceeding two thousand Rials Omani or
both:
(a) imitates an industrial design registered under this law.(b) knowingly sells, offers for sale, import or  processes with the intention to sell products
embodying an industrial design registered in Oman.
(c) illicitly affixes on products, advertisements, trademarks, containers or other object
indications that may lead to believe that the object is a registered industrial design.
Article (13):  The rights holder in an industrial design may request from the chief judge of the
Competent Court or any judge designated by him from that Court to issue an order to take the
necessary conservative measures, such as preventing third parties from manufacturing, selling or
importing for commercial purposes goods which embody, wholly or partly, a protected industrial
design, and seizing used equipment or implements.  The same shall apply to products, goods,packages, papers or others.
An action on the merits shall be filed with the Competent Court within fifteen days from the date of
witch the order was issued, failure of which shall cause the measures to cease to have affect.
Law on the Protection of Geographical Indications No 40/2000
Article (5):   A good may not be designated or presented to the public in a manner which suggests that
it originates in a geographical area other than the true place of origin, misleads the public or
constitutes an act of unfair competition, including the use of a false geographical indication with amention of the true place of origin of the good and the use of a geographical indication in translation
or accompanied by expressions such as kind, style and imitation.
Article (6):  Any interested person may, pursuant to Article (2), request that an order be issued by the
chief judge of the Commerce Court or a judge designate by him from the Court to take the necessaryIP/C/W/282/Add.2
Page 12
conservative measures, including in particular, seizure of goods, products, packages, papers or the
same.
An action on the merits shall be filed with the competent department of the Commerce Court within
fifteen days from the date at which the order was issued, failure of which shall cause the measures tocease to have effect.
Article (11):  Any person who intentionally commits any of the acts mentioned in Article (5) of this
law shall be punishable by imprisonment for a period not exceeding two years, a fine not exceeding
two thousand Rials Omani or both.
Law on the Protection of Topographies Righ ts of Integrated Circuits No 41/2000
Article (4):  The holder of the layout-design shall have alone the right to exploit commercially the
layout-design.  No other person shall have the right to import, reproduce, sell or distribute any
protected layout-design, unless having obtained a written authorization from the holder of the right to
explore the layout-design commercially or the successors in title.
Article (9):  The right holder may request from th e chief judge of the Court of Commerce or a judge
designated by him from that Court to issue an order have the necessary conservative measures,
particularly the seizure of implements used.  The same shall apply to product, goods or others.
An action on the merits shall be filed with the competent department within fifteen days from the date
at which the order was issued, failure of which shall cause the measures to cease to have effect.
Article (11):  Any person who carries out any of the following acts shall be punishable by
imprisonment for a period not exceeding two years, a fine not exceeding two thousand Rials Omani orboth:
(a) reproduces a layout-design protected under this law without the authorization of the
right holder.
(b) imports, sells, or distributes a registered layout-design or product incorporating an
integrated circuit without the authorization of the right holder.
Law on the Protection of Copyright and Related Rights No. 37/2000
Article (14):  Upon request from the author, owner of the author's tights or their successors in title, the
competent court may decide to order the following conservative measures be taken:
(a) put an end to the infringement of any right protected under this law.(b) seize infringing copies of the work and material used to make these copies.
(c) prove the existence of a public performance in case of execution, representation or
public recitation of a work, and discontinue or prevent the display of the show.
(d) designate an official receiver for the work under conflict, who shall be responsible for
the publication, presentation, manufacturing or making of copies of the work ; theresulting proceeds shall be deposited with the Court Treasury. Such receivership shall
cease by agreement between the concerned parties or by a court decision.
(e) designate an expert to assess the proceeds of such publication, or presentation, where
necessary, and seize the income in all cases.IP/C/W/282/Add.2
Page 13
The plaintiff shall file an action on the merits of the case with the Court within the following fifteen
days, for a decision on the merits and appropriate damages to be granted.  Otherwise, the measures
shall cease to have effect.
Article (23):  Infringement of any moral or economic right of authors or holders of related rights
under this Law shall be punished by imprisonment for a maximum period of two years, by a
maximum fine of two thousand Omani Rials or both.  In particular, any of the following acts shall be
considered infringements:
(a) selling or making available, by any means, a work protected under the provisions of
this law.
(b) imitating in Oman a work published abroad, or knowingly making available,
exporting or shipping abroad such imitation.
(c) communicating or making available to the public, a performance, broadcast or sound
recording through a computer network for commercial purposes.
(d) illicit removal or alteration of any technical protection intended to regulate or limit
public access to the work, performance, broadcast or recording, or distribution, import
for distribution purposes, broadcasting or making available to the public of the above,provided that the person who commits th e act knows or has grounds to know the
committed infringement.
Law on Control of Artistic Works No. 609/97
Article  (5):  Non original artistic works shall not be circulated, sold or displayed except by
authorization of the producer or the authorized agent in Oman.
Article (25):  Whoever contravenes the provisions of paragraph first, second and third or Article (3)
this Law shall be punished by imprisonment for a term of not more than two years and for a fine of
not less than Rials Omani one thousand and not more than Rials Omani two thousand. Such
punishment shall be doubled in case of recurrence.
Article (3):  None of the following acts shall be performed without authorization from the Ministry in
connection with artistic works:
(a) their phonography, recording, reproduction or alteration with the aim of exploiting
them.
(b) their import or export.(c) their distribution, rental, circulation or sale.
Article (30):  The provisions of this Law shall not apply to artistic works imported for personal use,
and shall be punished whoever imports them and agrees to their reproduction for commercial
purposes or circulation by the penalty set forth in Article (25) of this Law.IP/C/W/282/Add.2
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Gulf Cooperation Council (GCC) Unified Customs Law
Article (24):  Customs authorities shall prevent the entry, transit or exit of prohibited or impinging
goods according to the provisions of this Law or any other Law or decision.  Restricted goods shallnot be accorded entry, transit or exit except by approval of the state competent authority.
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