REGULATIONS UNDER THE LAW ON INDUSTRIAL PROPERTY RIGHTS AND THEIR ENFORCEMENT FOR THE SULTANATE OF OMAN
Article 1
Definition
In these Regulations, unless the context otherwise requires:
Article 2
Fees
(B) Payment by cheque shall be acceptable only when the cheque is certified by the drawee bank.
(C )If the payment is made credit card, the payment shall be deemed to have been made on the specified amount has been credited to the Ministry’s account.
Article 3
Forms
Article 4
Details of Application
The application must include the following details :
Article 5
Representation by Agent
( a ) shall provide the department with a copy of the license to practice Intellectual Property activity.
( b ) shall register his name with the department on form No. ( 1 ) after payment of the prescribed fees.
Article 6
Change of Name, Address or Address for Service
Article 7
Changes in Ownership; License Contracts
(1) The request, of a change of ownership of a title granted under the Act or of an application therefore shall be made to the Registrar on Form No. ( 3 ) and shall be subject to payment of the prescribed fee.
(2) The publication of the change of ownership shall specify
(a) the title of protection concerned;
(b) the filing date, the priority date ( if any), and the date of registration or grant:
(c) the owner and the new owner; and
(d) the nature of the change of ownership.
(3) A license contract submitted for recordal under Article 93(5) shall be accompanied by the prescribed fee.
Article 8
Consultation of Registers; Request for Extracts Therefrom and for Copies of Documents
Article 9
Corrections of Errors
The Registrar under Article 96 may correct any immaterial error in any document related to the application, Corrections made shall be communicated in writing to all interested person .
Article 10
Hearing
Article 11
Evidence
Article 12
Publication
The applications submitted to the department shall be published, in the official Gazette in accordance with the directions of the Registrar Applicants shall be notified of the decision in writing so as to pay the prescribed fees.
The date and validity of Official Decisions and Notifications
CHAPTER 1 – PATENTS AND UTILITY MODELS
Article 14
Request for Grant of Patent
Article 15
Discription
( 1 ) The description shall first state the title of the invention as appearing in the reques.
(2) specify the technical field to which the invention relates;
(3) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art;
(4) disclose the invention in such terms that it can be understood and state its advantageous effects, if any, with reference to the background art;
(5) briefly describe the figures in the drawings, if any;
(6) set forth at least one mode contemplated by the inventor as the best mode for carrying out the invention; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any;
(7) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made and used, or, if it can only be used, the way in which it can be used.
Article 16
Claims
(1) The number of the claims shall be reasonable taking into account the nature of the invention; if there are several claims, they shall be numbered consecutively in Arabic numerals.
(2) The claims shall define the invention in terms of the technical features of the invention.
(3) Whenever appropriate, claims shall contain
(a) a statement indicating those technical features of the invention which are necessary for the definition of the latter but which, in combination, are part of the prior art;
(b) a characterising portion – preceded by the words “characterised in that,” “characterised by,” “wherein the improvement comprises,” or any other words to the same effect – stating concisely the technical features which, in combination with the features stated under (i), it is desired to protect.
(4) Claims shall not, except where absolutely necessary, rely in respect of the technical features of the invention on references to the description or drawings; in particular, they shall not rely on such references as “as described in part ... of the description,” or “as illustrated in figure ... of the drawings.”
(5) Where the application contains drawings, the technical features mentioned in the claims shall preferably be followed by the reference signs relating to such features; when used, the reference signs shall preferably be placed between parentheses; if inclusion of reference signs does not particularly facilitate quicker understanding of a claim, it should not be made.
(6) Any claim submitted after the filing date of the application and which is not identified with the claims previously appearing in the application shall, at the choice of the applicant, be submitted either as an amended claim or as a new claim.
(7) The deletion of any claim previously appearing in the application shall be made by indicating the number of the previous claim followed by the word “cancelled.”
Article 17
Drawings
(1) Drawings forming part of an application for a patent shall be on sheets the usable surface area of which shall not exceed 26.2 cm by 17 cm. The sheets shall not contain frames round the usable or used surface.
The minimum margins shall be as follows:
top 2.5 cm
left side 2.5 cm
right side 1.5 cm
bottom 1.0 cm
(2) Drawings shall be executed as follows:
(a) Without colouring in durable, black sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction.
(b) Cross-articles shall be indicated by hatching which does not impede the clear reading of the reference signs and leading lines.
(c) The scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty. If, as an exception, the scale is given on a drawing it shall be represented graphically.
(d) All numbers, letters and reference signs appearing in the drawings shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters.
(e) Elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure.
(f) The height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the Arabic and, where customary, the Latin or Greek alphabet shall be used.
(g) The same sheet of drawings may contain several figures. Where figures drawn on two or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures. The different figures shall be arranged without wasting space, clearly separated from one another. The different figures shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets.
(h) Reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa. The same features, when denoted by reference signs, shall, throughout the application, be denoted by the same signs.
(i) The drawings shall not contain textual matter, except, when required for the understanding of the drawings, a single word or words such as “water”, “steam”, “open”, “closed”, “article on AA” and in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords.
(j) The sheets of the drawings shall be numbered in accordance with Article 20(7)(a) from this regulation .
(3) Flow sheets and diagrams are considered drawings.
Article 18
Abstract
(1) The abstract shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art.
(2) The abstract shall consist of the following:
(a) a summary of the disclosure as contained in the description, the claims, and any drawings, indicating the technical field to which the invention pertains and drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention and the principal use or uses of the invention; and
(b) where applicable, the chemical formula which, among all the formulae contained in the application, best characterises the invention.
(3) The abstract shall be as concise as the disclosure permits (preferably 50 to 150 words).
(4) The abstract shall not contain statements on the alleged merits or value of the invention or on its speculative application.
(5) Each main technical feature mentioned in the abstract and illustrated by a drawing in the application shall be followed by a reference sign, placed between parentheses.
(6) The abstract shall be accompanied by the most illustrative of any drawings furnished by the applicant.
Article 19
Measures, Terminology and Signs
(1) Units of weights and measures shall be expressed in terms of the metric system.
(2) Temperatures shall be expressed in degrees centigrade (Celsius).
(3) Density shall be expressed in metric units.
(4) For indications of heat, energy, light, sound, and magnetism, as well as for mathematical formulae and electrical units, articles in general use shall be observed; for chemical formulae, the symbols, atomic weights, and molecular formulae, in general use, shall be employed.
(5) In general, only such technical terms, signs and symbols should be used as are generally accepted in the art.
(6) The terminology and the signs shall be consistent throughout the application.
Article 20
Number of Copies and Physical Requirements
(1) The application and any accompanying statements or documents shall be filed in 3 (three) copies, but the Registrar may require the applicant to supply additional copies.
(2) All elements of the application shall be so presented as to admit of direct reproduction by photography, electrostatic processes, photo offset and microfilming.
(3) Only one side of each sheet contained in the application shall be used.
(4) All elements of the application shall be on paper which is flexible, strong, white, smooth, non-shiny and durable.
(5) The size of the sheets shall be A4 (29.7cm x 21cm), although the Registrar may accept sheets of other sizes.
(6) The minimum margins of sheets shall be as follows:
(a) upper margin of each page, except the first page: 20 mm
(b) upper margin of the first page: 30 mm
(c) side margin adjacent to the binding: 25 mm
(d) other side margin: 20 mm
(e) bottom margin: 20 mm
(7) (a) All sheets shall be numbered at the top of the sheet, in the middle, in consecutive Arabic numerals.
(b) In effecting the sequential numbering of the sheets, the elements of the application shall be placed in the following order: the request, the description, the claims, the abstract, the drawings.
(c) The sequential numbering of the sheets shall be effected by using three separate series of numbering, the first series applying to the request only and commencing with the first sheet of the request, the second series commencing with the first sheet of the description and continuing through the claims until the last sheet of the abstract, and the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings.
(8) The text matter of the application shall be typed; graphic symbols, chemical or mathematical formulae and certain characters, if necessary, may be handwritten or drawn.
(9) Drawings shall be executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes without colourings.
Article 21
Unity of Invention
(1) Article 6 of the Act shall be construed as permitting, in particular, one of the following three possibilities:
(a) in addition to an independent claim for a given product or part of a product, the inclusion in the same application of an independent claim for a process specially adapted for the manufacture of the said product, and the inclusion in the same application of an independent claim for a use of the said product; or
(b) in addition to an independent claim for a given process, the inclusion in the same application of an independent claim for an apparatus or means specifically designed for carrying out the said process; or
(c) in addition to an independent claim for a given product, the inclusion in the same application of an independent claim for a process specially adapted for the manufacture of the product, and the inclusion in the same application of an independent claim for an apparatus or means specifically designed for carrying out the process.
(2) Without prejudice to the provisions of subrule (1) of this Article, the fact that the applicant treats the process and the product or part of the product as independent inventions does not preclude or preempt the obligation of description .
(3) Subject to Article 6 of the Act , it shall be permitted to include in the same application two or more independent claims of the same category which cannot readily be covered by a single generic claim.
(4) Subject to Article 6 of the Act, it shall be permitted to include in the same application a reasonable number of dependent claims, claiming specific forms of the invention claimed in an independent claim.
(5) Article 6(3) of the Act shall be construed as not assigning the applicant the discretionary power to decide whether the application should be divided or not. Such division shall only be authorized by the Registrar when one single patent application relates to two or more inventions that are not linked as to form a single general inventive concept.
Article 22
Division of Application
(1) A divisional application shall contain a reference to the initial application.
(2) If the applicant wishes a divisional application to benefit from any priority claimed for the initial application, the divisional application must contain a request to that effect; in such a case, the declaration of priority and the documents for the initial application shall be deemed to relate also to the divisional application.
(3) Where the priorities of two or more earlier applications were claimed for the initial application, a divisional application may benefit only from the priority or priorities that are applicable to it.
(4) (a) Article 6(3) of the Act shall be construed as permitting the division of the application provided that the divided applications do not go beyond the matter disclosed in the initial application.
(b) For the purposes of this Article , any matter that has been disclosed in the description or in the drawings shall be taken into consideration, provided such disclosure is sufficient to permit the full comprehension and operation of the invention by a person .
Article 23
Disclosures to be Disregarded for Prior Art Purposes
Article 24
Declaration of Priority and Translation of Earlier Application
(1) The declaration referred to in Article 7 of the Act shall be made at the time of filing the application for the patent and shall indicate:
(a) the date of filing of the earlier application;
(b) where the earlier application is a regional or an international application, the Office with which it was filed.
(c) the symbol of the International Patent Classification which has been allocated to the earlier application, subject to subrule (3);
(2) Where at the time of filing the declaration referred to in subrule (1) the number of the earlier application is not known, that number shall be furnished within the period of 16 (sixteen) months after the priority date.
(3) Where a symbol of the International Patent Classification has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subrule (1), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.
(4) The applicant may, at any time before the grant of the patent, amend the contents of the declaration referred to in subrule (1) hereof.
(5) The period for furnishing the certified copy of the earlier application, referred to in Article 7(2) of the Act, shall be 90 ( ninety ) days from the date of the request by the Registrar; where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.
(6) Where the earlier application is in a language other than Arabic, the applicant shall, within 90 ( ninety ) days from the date of the aforementioned request, furnish an Arabic translation of the earlier application.
(7) Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one copy.
Article 25
Declaration of of Priority and Translation of Earlier Application
(1) The Registrar shall correct or add a priority claim with respect to an application (“the subsequent application”), if:
(a) a request to that effect is made to the Intellectual Property Department;
(b) the request is filed within the time limit prescribed in the time limit applicable under the Patent Cooperation Treaty to an international application for the submission of a priority claim after the filing of an international application; and
(c) the filing date of the subsequent application is not later than the date of the expiration of the priority period calculated from the filing date of the earliest application whose priority is claimed.
(2) Where an application (“the subsequent application”) which claims or could have claimed the priority of an earlier application has a filing date which is later than the date on which the priority period expired, but within 60 ( sixty ) days from the date in which the priority expired, the Registrar shall restore the right of priority, if:
(a) a request to that effect is made to the Intellectual Property Department;
(b) the request is filed within 60 ( sixty ) days from the date in which the priority expired;
(c) the request states the reasons for the failure to comply with the priority period; and
(d) the Registrar finds that the failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken or was unintentional.
(3) Where a copy of an earlier application required under Article 6(5) of the Patent Law Treaty is not filed with the Intellectual Property Department within the time limit prescribed in the Regulations pursuant to Article 6 of the Patent Law Treaty, the Registrar shall restore the right of priority, if:
(a) a request to that effect is made to the Intellectual Property Department;
(b) the request is filed within 60 ( sixty ) days before the expiry of 16 (sixteen) months from the filing date of an earlier application or, where there is more than one such earlier application, from the earliest filing date of those earlier applications;
(c) the Registrar finds that the request for the copy to be provided had been filed with the Office with which the earlier application was filed, within the time limit prescribed in the Regulations; and
(d) a copy of the earlier application is filed within the time limit prescribed in subrule (3)(c).
(4) The Registrar shall not refuse a request under subrules (1) to (3), totally or in part, without the requesting party being given the opportunity to make observations on the intended refusal within 60 ( sixty ) days from the notification to make those observations.
Article 26
Time for Furnishing Information Concerning Corresponding Foreign Applications, Patents and Other Titles of Protection
(The information requested under Article 8 of the Act shall be furnished within 90 ( ninety ) days from the date such a request is made; upon a reasoned request by the applicant, the Registrar may extend such time limit.
(2) If the applicant replies that the documents requested under Article 8 are not yet available, the Registrar may suspend the procedure for the examination of the application until such time as the documents are furnished, but such suspension shall not be longer than 2 (two) years from the date on which the request for examination was filed by the applicant.
Article 27
Withdrawal and Amendment of Application
Article 28
Marking Application
Article 29
According and Notifying Filing Date
Article 30
Examination as to Form
.
Article 31
Publication
(1) (a) After 18 (eighteen) months from the filing date, the Registrar shall open the patent application for public inspection.
(b) Upon payment of the prescribed fee, at any time between the filing date and the end of the eighteen-month period, the applicant may request the Registrar to open the application for public inspection.
(2) Opening of the patent application for public inspection shall be made by publishing in the Official Gazette of the following elements
(a) the number and the filing date of the application;
(b) the title of the invention;
(c) the name of the applicant(s) and of the inventor(s);
(d) the priority date(s);
(e) the international classification;
(f) one drawing (if any) that depicts the main element(s) of the invention;
(g) the abstract;
and the statement that the application is open for public inspection.
(3) Any interested person shall receive a copy of the full contents of patent applications opened for public inspection, provided the prescribed fees are paid.
(4) The Registrar shall not give access to or information about the contents of the patent application to third persons until the notice mentioned in subrule (2) of this Article is published in the Official Gazette.
Article 32
Request for Examination
In the event the request for examination is filed by a person other than the applicant, that person shall explain the reasons that accord him a legitimate interest to submit the application to examination as to substance.
Article 33
Submission of Information Relevant to Patentability
Article 34
Examination as to Substance and Decision to Grant or Refuse to Grant a Patent
Article 35
Decisions concerning Redundant and Interfering Applications
Article 36
Grant of Patent; Publication of Reference Thereto; Issuance of Certificate
(b) The patent shall be deemed to be granted on the date the Registrar publishes a reference to the grant.
(1) the number of the patent;
(2) the name and address of the owner of the patent;
(3) the filing date and, where applicable, priority date of the application;
(4) the effective date of grant of the patent; and
(5) the title of the invention.
(b) The certificate of grant shall have annexed to it the description, the drawings (if any), the abstract and the claims. The annex shall be certified by the Registrar as authentic.
Article 37
Compulsory Licenses
(a) the period of which the license is granted;
(b) to which of the acts referred to in Article 13 of the Act, the license extends;
(c) the time limit within which the beneficiary of the compulsory license must commence working the patented invention;
(d) the terms regarding payment of remuneration.
Article 38
Annual Fees and Publication of Lapsed Patents
Article 39
Invalidation
Article 40
(2) The application may be submitted by the inventor, his successor or by an attorney, pursuant to Article 90 of the Regulations under the Patent Cooperation Treaty. In the event the application is signed by an agent, the document appointing him shall be in separate and shall observe the model established by the International Bureau.
(b) An international application filed with the Intellectual Property Department as receiving Office shall be filed in English and the prescribed transmittal fee shall be paid to the Intellectual Property Department.
(c) The application must comply with the requirements of the Patent Cooperation Treaty and the Regulations thereunder.
(d) The Intellectual Property Department shall stamp the date of receipt of the application on the application. If the application does not comply with the requirements of Article 11 of the Patent Cooperation Treaty, the Registrar shall give notice thereof to the applicant and shall establish the time period within which the necessary corrections must be submitted.
(e) The filing date of the international application is the date of the receipt of the application in compliance with Article 11 of the Patent Cooperation Treaty or, in the event one or more corrections are necessary, the date of receipt of such correction or corrections.
(f) If the applicant does not submit the correction or corrections as requested by the Intellectual Property Department, the Registrar shall give notice to the applicant that his application has been rejected.
(g) Where the Registrar verifies, after according a filing date to the international application, that the provisions of Article 14.1 of the Patent Cooperation Treaty have not been complied with, he shall establish the time period within which the necessary corrections must be filed.
(h) If the necessary corrections are not submitted in accordance with subrule (h), the Registrar shall notify the applicant and the International Bureau that the application is deemed withdrawn.
(i) Where the Registrar verifies, after according a filing date to the international application, that one or more drawings mentioned in the application is or are missing, he shall establish the time period in which the applicant must submit the missing drawing or drawings. Where the missing drawings are submitted within the period established by the Registrar, the filing date shall be the date of receipt of the missing drawing or drawings. Otherwise, the date of filing shall be maintained and any mention of the missing drawing or drawings in the application shall be deemed as non-existent.
(j) In the event the international application, any amendment, correction or any other document is submitted by telegraph, teleprinter, facsimile machine and addressed to the Registrar, the applicant shall furnish, within 14 (fourteen) days from the date of the transmission, to the Intellectual Property Department the original of such documents and an accompanying letter identifying that earlier transmission. Otherwise, those documents shall be deemed as non-existent.
(k) In the event the Registrar, within 4 (four) months from the filing date of the international application, verifies that the requirements of Article 11 (i) through (iii) of the Patent Cooperation Treaty have not been fulfilled, he shall notify the applicant that his application is deemed withdrawn.
(l) The applicant may request the International Bureau to transmit his application to the designated Offices so as to exercise his right to request that those Offices review the Registrar’s decision of rejecting or considering the international application withdrawn, pursuant to Article 25 of the Patent Cooperation Treaty and Article 51 of the Regulations thereunder.
(m) All documents received by the Intellectual Property Deprtment, including those concerning rejected or withdrawn applications. shall be transmitted to the International Bureau.
(b) The international applications that designate Oman may apply for the grant of a patent or a utility model certificate.
(c) In the event Oman is designated, the applicant must submit, before the expiry of 20 (twenty) months from the priority date, the specifications in Arabic in accordance with the initial international filing (description, claims, abstract and drawings, if any) and, if it is the case, the amendments and the statement to which Article 19 of the Patent Cooperation Treaty refers, accompanied by a document that identifies the essential elements of the international application, the designation of the inventors, and the proof of the payment of the due fee.
(d) If the applicant fails to submit in Arabic at least the claims or the description, the application shall be deemed withdrawn as regards Oman. If the applicant fails to submit in Arabic one of the other documents mentioned in subrule (c), the Registrar shall notify him to submit those documents within 60 (sixty) days. If the missing document is the statement referred to in subrule (c), the Registrar shall consider it as non-existent. If the missing document is one of the other documents, the Registrar shall consider the application withdrawn as regards Oman. In this event, the applicant may request, within 60 (sixty) days from the date on which the application was deemed withdrawn, that the application be reconsidered upon submission of the missing document in question.
(e) In the event the communication referred to by Article 20 of the Patent Cooperation Treaty is not made, the applicant shall submit such documents within 60 (sixty) days from the date on which the Intellectual Property Department gives notice of the absence of such communication, in which event the beginning of the national phase shall remain pending. If the documents are not submitted within that time period and if the communication pursuant to Article 20 of the Patent Cooperation Treaty is not received in the meantime, the application shall be considered rejected as regards Oman. In this event, the applicant may request, within 60 (sixty) days from the date on which the application was deemed rejected, that the application be reconsidered upon submission of the missing document in question.
(f) The right to amend the application, as established by Article 28 of the Patent Cooperation Treaty and Article 52 of the Regulations thereunder, may be exercised:
(1) within 60 (sixty) days from the expiry of the period established by Article 22.1 of the Patent Cooperation Treaty;
(2) if the communication that Article 20 of the Patent Cooperation Treaty refers to is not made to the Intellectual Property Department before the expiry of the period set by Article 20.1 of the Patent Cooperation Treaty, within 4 (four) months after the expiry of that period; or
(3) in any event, until the date of the request for examination.
(6) (a) The Intellectual Property Department shall act as an elected Office in respect of an international application in which Oman is designated, as referred to in subrule (5), if the applicant files a demand for the purposes of international preliminary examination under Chapter II of the Patent Cooperation Treaty.
(b) Where Oman is designated before the expiry of the nineteenth month from the date of priority (Article 39.1 of the Patent Cooperation Treaty), the applicant must furnish, within 30 (thirty) months from the date of priority, the documents mentioned in subrule (5)(c), provided that
(1) any replacing sheet mentioned in Article 70.16 of the Regulations under the Patent Cooperation Treaty that is attached to the report of the international preliminary examination must be submitted in Arabic;
(2) for the purposes of Article 39.1 of the Patent Cooperation Treaty, when the report on the international preliminary examination has been furnished, the submission of any amendment in Arabic, in accordance with Article 19 of the Patent Cooperation Treaty shall be required only when such amendment is annexed to the mentioned report;
(3) the translation into English of the report of the international preliminary examination, in the event the communication pursuant to Article 36.3 of the Patent Cooperation Treaty and Article 72.1 of the Regulations thereunder must be submitted; such translation shall not be required if an Arabic version is furnished.
(c) The provisions of subrule 5(c) through (e) shall apply to documents necessary for the entry of the international application into the national phase.
(d) The right to amend the application, as established by Article 41 of the Patent Cooperation Treaty, may be exercised:
(1) within 60 (sixty) days from the expiry of the period established by Article 39.1 of the Patent Cooperation Treaty;
(2) if the transmission of the report of the international preliminary examination, pursuant to Article 36.1 of the Patent Cooperation Treaty is not made until the expiry of the period set in Article 39.1(a) of the Patent Cooperation Treaty, within 4 (four) months after the expiry of that period; or
(3) in any event, until the date of the request for examination.
(e) Any election made after the end of the nineteenth month from the date of priority shall not produce any effects in respect of the application of the periods established by Chapter II of the Patent Cooperation Treaty as regards the processing of the national phase in Oman.
(7) The Intellectual Property Department as designated Office or elected Office shall not commence processing of an international application designating Oman before the expiration of the time limit referred to in subrule (8) except if the applicant complies with the requirements of that subarticle and files with the Intellectual Property Department an express request for early commencement of such processing .
(8) The applicant shall, in respect of an international application designating Oman and before the expiration of the time limit applicable under Article 22(1) or 39(1)(a) of the Patent Cooperation Treaty pay the national fee to the Intellectual Property Department and file with the Intellectual Property Department a translation of the international application into Arabic if the international application was not filed in, and has not been published under the Patent Cooperation Treaty as a translation into such a language.
(9) If the applicant does not comply with the requirements of subrule (8) within the time limit referred to in that subrule, the international application shall be considered withdrawn for the purposes of these Regulations.
(10) (a) Where the international application is considered withdrawn under subrule (9), the Intellectual Property Department shall reinstate the rights of the applicant with respect to that international application, upon a reasoned request by the applicant which must be submitted to the Registrar no later than 90 (ninety) days from the date on which the withdrawal took effect, and the payment of the applicable fee, provided the Registrar finds that the failure to meet the time limit referred to in subrule (8) occurred in spite of due care required by the circumstances having been taken.
(b) The Registrar shall not refuse a request for reinstatement of rights without giving the applicant the opportunity to make observations on the intended refusal within a time limit which shall be reasonable under the circumstances.
(11) (a) The Intellectual Property Department shall process international applications in accordance with the provisions of the Patent Cooperation Treaty, the Regulations established thereunder and the Administrative Instructions under those Regulations and with the provisions of these Regulations and eventual Administrative Instructions that the Registrar may enact. In the event of conflict, the provisions of the Patent Cooperation Treaty, the Regulations thereunder and the Administrative Instructions under those Regulations shall apply.
(b) Without prejudice to the provisions of subrule (a), applications filed with the Intellectual Property Department under the Patent Cooperation Treaty shall comply with the same requirements that apply to national applications, namely as regards the application, accompanying documents and their formatting, including the assignment of a number, except that the date of filing shall be the date of international filing.
(c) Once the international application is received in the national phase, it shall be published in Arabic. The publication of receipt of the application in the national phase shall contain, besides the number assigned in the national phase, in accordance with subrule (b), the date and the number of the international publication, the date of receipt of the application in the national phase and the number and the date of the international application.
(d) The request for examination under Article 9(5)(a) of the Act may be submitted within 36 (thirty-six) months from the date of the international application or within 60 (sixty) days from the entry into the national phase, whichever expires later.
(12) (a) In the event the applicant requests the Registrar to review the decision of the receiving Office or of the International Bureau, in accordance with Article 25 of the Patent Cooperation Treaty, he must submit both the international application and its complementary documents in Arabic, with the payment of the applicable fee, within 60 ( sixty ) days from the date of the notice of the decision in question (Article 51 of the Regulations under the Patent Cooperation Treaty).
(b) If the Registrar decides that the decision of the receiving Office or of the International Bureau is not justified, he shall communicate the International Bureau that the processing of the international application should proceed, so as to produce effects as regards Oman.
(13) (a) Further details concerning the processing of international applications by, and other functions of, the Intellectual Property Department in connection with the Patent Cooperation Treaty, including fees payable, time limits, prescribed languages and other requirements in relation to international applications, may be included in future Administrative Instructions, which the Registrar may decide to establish.
(b) The Registrar shall establish Administrative Instructions as regards the payment of fees due to the Intellectual Property Department under the Patent Cooperation Treaty, provided, however, that the annual fees shall be due one year after the filing of the international application; the annual fees due before the entry of the international application into the national phase shall be paid with 90 ( ninety ) days from that date.
Article 41
Special Provisions concerning Contracts of Assignment and Licensing of Patents
(1) If the Registrar finds that the assignment or licensing contract contains one or more clauses that fall , he shall notify the patent owner and the prospective assignee or licensee to offer their allegations and submit pertinent evidence within 60 (sixty) days from the notification.
(2) the Registrar shall proceed with utmost discretion and shall take all measures necessary to protect the confidentiality of business information. The Registrar may consult with other governmental sectors in order to collect relevant information and make an informed decision. Examination of a contract by the Registrar does not preempt the need for a judicial or administrative proceeding for the purposes of Article 13(1)(a)(2) of the Act, but his decision may be taken into account for that purpose.
Article 42
Outsourcing of Examination of Patent Applications as to the Substance
(1) In the event a decision is made by the competent authorities of Oman to outsource the activities of substantive examination of patent and utility model certificate applications, all these Regulations shall apply as if the examination were carried out by the Intellectual Property Department of Oman, except that the Registrar may extend or reduce the periods for the answers and information to be submitted by interested persons in response to notifications, requests of information or of amendments of the application, as the Registrar sees fit.
(2) The outsourced examination shall take into account the conditions of patentability set out in Act.
(3) In the event a decision is made by the competent authorities of Oman to outsource the activities of substantive examination of patent and utility model certificate applications, the Registrar or the Court shall retain the duty to verify compliance with the provisions of the Act and these Regulations.
(4) For all purposes of the Act and these Regulations, all communications, notifications and concerning the substantive examination shall be made through the Registrar.
Article 43
Utility Model Certificates
These Regulations shall apply, mutatis mutandis, to utility model certificates, in accordance with Articles from 15 to 18 of the Act .
Article 44
Classification of Marks
The Registrar shall apply the International Classification of Goods and Services for the Purposes of the Registration of Marks adopted by the Nice Agreement of June 15, 1957, as updated subsequently, for all purposes relating to the registration and publication of marks.
Article 45
Application for Registration of a Mark
The application for the registration of a mark shall be made on Form No. 12 and shall be signed by the applicant or by his agent. An application may be made for the registration of a mark in respect of goods or services in one or more classes of the International Classification.
Article 46
Data of Application for Registration of a Mark
Article 47
Declaration of Priority and Translation of Earlier Application
(a) the date of the earlier application;
(b) the number of the earlier application, subject to subrule (2); and
(c) the State or territory that is a WTO Member in which the earlier application was filed or, where the earlier application is a regional or an international application, the Office with which it was filed and the country or countries for which it was filed.
Article 48
Withdrawal of Application
(1) The withdrawal of the application shall be made by a written declaration signed by the applicant and submitted to the Registrar.
(2) The application fee shall not be refunded if the application is withdrawn.
(3) For the purposes of Article 37 ( 3 ) , a subsequent application concerning the mark as a previous first application filed in Oman shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having published and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.
Article 49
Marking Application and Filing Date
The Registrar shall accord as the filing date of the application the date on which the following elements are received in Arabic on Form No. 13 :
(1) an express or implicit indication that the registration of a mark is sought;
(2) indications allowing the identity of the applicant to be established;
(3) indications sufficient to contact the applicant or his representative, if any, by mail;
(4) a sufficiently clear reproduction of the mark whose registration is sought;
(5) the list of the goods and/or services for which the registration is sought; and
(6) The Registrar shall, in writing, notify the applicant of the application number and the filing date.
Article 51
Acceptance of Application
Article 52
Publication
The Registrar shall publish the application in the Official Gazette within 30 (thirty) days after payment of the prescribed fees setting out :
Article 53
Opposition
Article 54
Registration of Marks; Issuance of Certificate
The Certificate of registration shall include :
Article 55
Renewal of Registration
Article 56
Assignment, Pledge, Licensing contracts
B – No request shall be made for the assignment of a mark considered to be a related mark without the other marks related to it .
C – The Registrar shall indicate in the Register the transfer of the mark and mention the name, profession and address of the new owner, and the date of the transfer of ownership, the date of acquisition and the date of indication in the register. The shall so notify the applicant on Form No. 20.
D – The Registrar shall publish the transfer of the mark in the Official Gazette after the payment of the fees.
The publication shall include:
B – Deletion of the pledge shall be pursuant to a request from the owner of the mark to the registrar accompanied with the documents evidence the expiry of the pledge .
The deletion must be published in the Official Gazette, indicating the issuer member and member and date of the Gazette in which the pledge was published, after the payment of the prescribed fees .
Article 57
Search for a Mark
Any interested person may request the Registrar on Form No. ( 23 ) to search for a trademark in the Department registers. The Registrar shall notify the applicant of the result of the search on Form No.( 24 ) making comments, if any .
Article 58
Collective and Certification Marks
(a) an application for registration of a collective or certification mark shall not be accepted unless, in the application for registration, the mark is designated as a collective or certification mark, and unless the application is accompanied by a copy of the regulations governing the use of the mark, duly certified by the applicant; when the application concerns a collective mark, the submission of the copy of the regulations shall be required only when regulations have been established by the by the collectivity that owns the mark; no legalization of such regulations shall be required;
(b) the regulations governing the use of the certification mark shall define the common characteristics or quality of the goods or services which the certification mark shall designate and the conditions under which and the persons by whom it may be used; they shall provide for the exercise of effective control of the use of the mark in compliance with those regulations, and shall determine adequate sanctions for any use contrary to the said regulations.
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Article 59
Removal on the Ground of Invalidation or of Non-Use
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Article 60
International Registrations under the Madrid Agreement and the Madrid Protocol
(a) “Madrid Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted in Madrid on June 27, 1989;
(b) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891;
(c) “Common Regulations” means the Common Regulations under the Madrid Agreement and Madrid Protocol;
(d) “International Bureau” means the International Bureau of the World Intellectual Property Organization;
(e) “International Register” means the official collection of data concerning international registrations effected under the Madrid Protocol and the Madrid Agreement, as maintained by the International Bureau;
(f) “Basic application” means an application for registration of a mark filed with the Intellectual Property Department under the present Law, which is used as a basis to apply for an international registration under the Madrid Protocol;
(g) “Basic registration” means the registration of a mark in the Intellectual Property Department under the present Law, which is used as the basis to apply for an international registration under the Madrid Protocol.
Article 61
International Applications Originating from Oman
Article 62
International Registrations in Respect of which Oman is a designated Contracting Party
(a) publish the international application in the Official Gazette and notify any interested person to file an opposition within 90 (ninety) days from the date of the publication in the Official Gazette.
(b) regardless of whether an opposition has been filed under subrule (a), examine whether the mark is a mark as defined in Article 1 and is registrable under Article 38 of the Act.
Article 63
Effects of an International Registration
(a) a mark registered in Oman is also the subject of an international registration that extends to Oman; and
(b) the same person is recorded as holder of the registration in Oman and of the international registration; and
(c) all the goods and services listed in the registration in Oman are also listed in the international registration in respect of Oman; and
(d) the extension of that international registration to Oman took effect after the date of registration of that mark in Oman,
the Intellectual Property Department shall, upon request from the holder of the international registration, take note of the international registration in the register in respect of the mark registered in Oman.
(e) A request under subrule (a) shall be subject to the payment of the prescribed fee.
(f)Where the Intellectual Property Department has taken note of an international registration in accordance with subrule (a), it shall notify the International Bureau accordingly. Such notification shall indicate the following:
(1) the number of the international registration in question,
(2) where only some of the goods and services listed in the international registration are concerned, those goods and services,
(3) the filing date and number of the application for registration and the registration date and number of the mark in Oman,
(4) the priority date, if any, of the registration in Oman, and
(5) information relating to any rights acquired by virtue of the registration of the mark in Oman.
(7) (a) Where an international registration designating Oman is cancelled at the request of the Office of origin in accordance with Article 6(4) of the Madrid Protocol, in respect of all or some of the goods and services listed in the international registration, the person who was the holder of the international registration at the date of its cancellation may file with the Intellectual Property Department, within 90 (ninety) days from the date on which the international registration was cancelled, an application for registration of the same mark in respect of goods and services covered by the cancelled international registration.
(b) Subject to this subrule, the provisions applicable to an application for registration filed directly with the Intellectual Property Department shall apply mutatis mutandis to an application resulting from transformation under subrule (a).
(c) An application under subrule (a) shall include the following:
(1) a statement that the application is made by way of transformation,
(2) the international registration number of the international registration which has been cancelled,
(3) the date of the said international registration, or the date of recording of the territorial extension to Oman, where applicable,
(4) the date on which the cancellation of the international registration was recorded,
(5) where applicable, the date of any priority claimed in the international application and recorded in the International Register.
(d) An application for registration under this article shall be subject to the payment of the standard application fee.
(e) Where the mark under the international registration had become protected in Oman on or before the date on which the international registration was cancelled, and provided that all the requirements relating to an application to register that mark under subrule (a) are met, the mark shall be registered by the Intellectual Property Department. Such registration shall bear the date of the cancelled international registration or, where applicable, the date of recording of the territorial extension to Oman, and shall enjoy any priority enjoyed by the cancelled international registration.
(f) Where the mark under the international registration had not become protected in Oman on or before the date on which the international registration was cancelled, any procedures already undertaken by the Intellectual Property Department in respect of the international registration on or before the date on which an application under subrule (a) is filed, shall be considered as having been undertaken for the purposes of the application under subrule (a). Such application shall be deemed to have as its application date the date of the cancelled international registration or, where applicable, the date of recording of the territorial extension to Oman, and shall enjoy any priority enjoyed by the cancelled international registration.
Article 64
Marking Application and Filing Date
(a) an express or implicit indication that the registration of a mark is sought;
(b) indications allowing the identity of the applicant to be established;
(c) indications sufficient to contact the applicant or his representative, if any, by mail;
(d) a sufficiently clear reproduction of the mark whose registration is sought;
(e) the list of the goods and/or services for which the registration is sought; and
(f) the payment of the prescribed fee.
Article 65
Division of Application
Any application listing several goods and/or services (hereinafter referred to as “initial application”) may,
(a) at least until the decision by the Office on the registration of the mark; or
(b) during any opposition proceedings against the decision of the Office to register the mark; or
(c) during any appeal proceedings against the decision on the registration of the mark, be divided by the applicant or at his request into two or more applications (hereinafter referred to as “divisional applications”) by distributing among the latter the goods and/or services listed in the initial application. The divisional applications shall preserve the filing date of the initial application and the benefit of the right of priority, if any.
Article 66
Domain Names on the Internet
(1) The Uniform Domain Name Dispute Resolution Policy ("the Policy"), as adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into these Regulations and shall therefore set forth the terms and conditions in connection with a dispute between the domain name applicant and any party other than the authority in charge of registering domain names in Oman ("the Authority") over the registration and use of an Internet domain name registered by the domain name applicant.
(2) By applying to register a domain name, or by asking the Authority to maintain or renew a domain name registration, the applicant represents and warrants to the Authority that
(a) the statements that he made in his Registration Agreement are complete and accurate;
(b) to the applicant' s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
(c) the applicant is not registering the domain name for an unlawful purpose; and
(d) the applicant will not knowingly use the domain name in violation of any applicable laws or regulations. It is the applicant's responsibility to determine whether his domain name registration infringes or violates someone else's rights.
(3) (a) The Authority shall cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
(1) Subject to the provisions of subrule (8), upon the Authority's receipt of written or appropriate electronic instructions from the applicant or his authorized agent to take such action;
(2) Upon receipt by the Authority of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
(3) Upon receipt by the Authority of a decision of an Administrative Panel requiring such action in any administrative proceeding to which the applicant was a party and which was conducted under the Policy.
(b) The Authority may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements.
(4) (a) In the event a dispute arises concerning the application, registration or renewal of a domain name registration in Oman, such dispute shall be referred to the World Intellectual Property Organization (WIPO) and shall be subject to the Articles of Procedure of WIPO. Those disputes will cover in particular allegations by any third party ("the complainant") that
(1) the applicant's or owner's ("the defendant") domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(2) the defendant has no rights or legitimate interests in respect of the domain name; and
(3) the defendant's domain name has been registered and is being used in bad faith.
(b) In the administrative proceeding, the complainant must prove that each of these three elements are present.
(5) For the purposes of subrule (4)(a)(3), the following circumstances, in particular but without limitation, if found by the WIPO Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(a) circumstances indicating that the defendant has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(b) the defendant has registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the defendant has engaged in a pattern of such conduct; or
(c) the defendant has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(d) by using the domain name, the defendant has intentionally attempted to attract, for commercial gain, Internet users to his web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site or location or of a product or service on his web site or location.
(6) Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate the defendant's rights or legitimate interests to the domain name for purposes of subrule (4)(a)(2):
(a) before any notice to the defendant of the dispute, the defendant's use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(b) the defendant (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark or service mark rights; or
(c) the defendant is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
(7) The mandatory administrative proceeding requirements set forth in subrule (4) shall not prevent either the defendant or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If the WIPO Administrative Panel decides that the defendant's domain name registration should be canceled or transferred, the Authority shall wait 10 (ten) business days after being informed by WIPO of the Administrative Panel's decision before implementing that decision. The Authority shall then implement the decision unless it has received from the defendant during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the defendant has commenced a lawsuit against the complainant in a competent jurisdiction. If the Authority receives such documentation within the ten (10) business day period, it shall not implement the Administrative Panel's decision, and it shall take no further action, until it receives
(a) evidence satisfactory to the Authority of a resolution between the parties;
(b) evidence satisfactory to the Authority that the defendant's lawsuit has been dismissed or withdrawn; or
(c) a copy of an order from such court dismissing the defendant's lawsuit or ordering that the defendant does not have the right to continue to use the domain name in question.
(8) (a) The defendant may not transfer his domain name registration to another holder
(1) during a pending administrative proceeding brought pursuant to subrule (4) or for a period of fifteen (15) business days after such proceeding is concluded; or
(2) during a pending court proceeding or arbitration commenced regarding the defendant's domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.
(b) The Authority reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of subrule (a).
(c) The defendant may not transfer his domain name registration to another registrar during a pending administrative proceeding brought pursuant to subrule (4) or for a period of fifteen (15) business days after such proceeding is concluded. The defendant may transfer administration of his domain name registration to another registrar during a pending court action or arbitration, provided that the domain name he has registered with the Authority shall continue to be subject to the proceedings commenced against him in accordance with the terms of the Policy. In the event that the defendant transfers a domain name registration to the Authority during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
(9) In assessing whether the use of a certain domain name on the Internet may cause harm to a competitor and/or may deviate clientele from that competitor, the court shall take into account the language of Article 1 of the Act as regards the definition of "distinctive signs" and, in particular, that the Act provides that domain names are subject to the legal regime that applies to the names of places of businesses (or shop signs) and that, therefore, their protection extends to the geographical area where competing business may take place, regardless of national and political borders.
(10) The Authority shall provide online public access to a reliable and accurate database of contact information for domain-names registrants.
CHAPTER 3 – GEOGRAPHICAL INDICATIONS
Article 67
Application for Registration
The application for the registration of a geographical indication shall be made on Form No. 25 after payment of the prescribed fees, and shall include :
The application may be withdrawn by written declaration submitted to the Registrar and signed by each applicant. The application fee shall not be refunded if the application is withdrawn.
Article 69
Marking Application
Article 70
Objection to or Conditional Acceptance of Application; Hearing
(1) If the Registrar objects to the application for registration of a geographical indication, he shall notify the applicant in writing of his objections with all the relevant details and notify the applicant to amend the application, to submit his observations in writing or to apply for a hearing within 60 ( sixty ) days from the date of the notification. If the applicant does not comply with the notification within the set period, he shall be deemed to have withdrawn his application.
(2) If, upon examination Registrar decides to accept the application subject to amendments, modifications, conditions or limitations, he shall communicate the decision to the applicant in writing. If the applicant objects to the amendments, modifications, conditions or limitations, he shall, within 60 ( sixty ) days from the date of the communication, request a hearing or submit his observations in writing. If the applicant does not object to such amendments, modifications, conditions, or limitations, he shall notify the Registrar in writing and amend his application accordingly. If the applicant does not respond in one way or the other within the set period, he shall be deemed to have withdrawn his application.
(3) The request for a hearing, which shall be accompanied by the prescribed fee, shall be made in writing to the Registrar who, upon receiving the same, shall give the applicant at least 30 ( thirty ) days notice in writing of the date and time when he may be heard.
Article 71
Refusal of Application or Conditional Acceptance to which Applicant Objects
If, after a hearing or after consideration of the applicant’s amendments or observations in writing, the Registrar refuses the application or accepts it subject to any amendments, modifications, conditions or limitations to which the applicant objects, he shall communicate his decision to the applicant in writing. The applicant may, within 30 ( thirty ) days from the date of such communication, upon payment of the prescribed fee, request the Registrar to state in writing the grounds of his decision and the materials used by him in arriving thereat.
Article 72
Acceptance of Application, Publication
(1) If the Registrar accepts the application unconditionally or accepts it subject to any conditions or limitations to which the applicant does not object, he shall so notify the applicant, requesting him to pay the publication fee within 30 ( thirty ) days from the date of the notification. the Registrar shall proceed to publish the application setting out:
(a) the geographical indication for which registration is sought;
(b) the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
(c) the name and address of the agent, if any;
(d) the demarcation of the geographical area to which the geographical
(e) the goods for which the geographical indication is used;
(f) the quality, reputation or other characteristic of the goods for which the geographical indication is used, and any conditions under which the indication may be used;
(g) the filing date and number of the application.
(2) If the publication fee referred to in subrule (1) is not paid within the time limit prescribed, the application shall be considered withdrawn.
Article 73
Opposition
Article 74
Registration
Article 75
Refusal or Invalidation of Registration of Misleading Marks
CHAPTER 4 – INDUSTRIAL DESIGNS
Article 76
Application for Registration of an Industrial Design
The application for the registration of an industrial design shall be made on Form No. 30 and shall be signed by each applicant. The application shall indicate each applicant’s name, address, nationality and residence.
Article 77
Number and Size of Representations and Specimen
(1) The application shall be accompanied by the following:
(a) if the industrial design is two-dimensional, by four graphic representations or four drawings or tracings; or
(b) if the industrial design is three-dimensional, by four graphic representations or four drawings or tracings of each of the different sides of the industrial design; and
(c) a printing block or printing blocks [of such dimensions as the Registrar may consider appropriate][the dimensions of which shall not exceed ( 10 centimetres x 20 centimetres) .
(2) No graphic representation, drawing or tracing of the industrial design shall exceed [10 centimetres x 20 centimetres]. Such representations, drawings or tracings, shall be affixed on four sheets of cardboard of [A4 size]. Drawings and tracings shall be in black ink. A specimen shall be of a size not exceeding 20 centimetres x 20 centimetres x 20 centimetres.
Article 78
Declaration of Priority and Translation of Earlier Application
(1) The declaration at the time of filing the application for the industrial shall indicate:
(a) the date of the earlier application;
(b) the number of the earlier application, subject to subrule ( );
(c) the symbol of the International Classification for Industrials Designs which has been allocated to the earlier application, subject to subrule ( );
(d) the State or territory Member of the WTO in which the earlier application was filed or, where the earlier application is a regional or an international application, the State or States for which it was filed;
(e) where the earlier application is a regional or an international application, the Office with which it was filed.
(2) Where at the time of filing the declaration the number of the earlier application is not known, that number shall be furnished within 90 ( ninety ) days from the date on which the application containing the declaration was filed.
(3) Where a symbol of the International Classification for Industrial Designs has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subrule (1) the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.
(4) The applicant may, at any time before the registration of the industrial design, amend the contents of the declaration referred to in subrule (1) hereof.
(5) The period for furnishing the certified copy of the earlier application, shall be 90 ( ninety ) days from the date of the request by the Registrar; where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.
(6) Where the earlier application is in a language other than English, the applicant shall, within six months from the date of the aforementioned request, furnish an English translation of the earlier application.
(7) Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one copy.
Article 79
Marking Application
(1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letters ID, slash, the numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for registration of the industrial design (Form No. 31).
(2) The application number allotted under subrule (1) shall be quoted in all subsequent communications concerning the application.
Article 80
According and Notifying Filing Date; Examination; Decision to Grant or Refuse Application
Article 81
Registration of Industrial Design; Issuance of Certificate
Article 82
Renewal of Registration
(1) For the purpose of these Regulations,
“the Hague Agreement” means the Hague Agreement Concerning the International Registration of Industrial Designs;
“the 1999 Act” means the Act of the Hague Agreement signed in Geneva on July 2, 1999;
“the Common Regulations” means the Common Regulations under the Hague Agreement;
“international application,” “international registration,” and “date of the international registration” have the same meaning as in the 1999 Act.
(2) Except where it is otherwise expressly provided, the provisions of the Act, and of the Articles relating thereto, shall apply, mutatis mutandis, to international registrations of industrial designs that designate Oman.
(3) International applications in which Oman is a country of origin must be filed either personally or through an agent directly with the International Bureau or through the Intellectual Property Department.
(4) International applications must be filed in English or in French in two copies, one of them being an original copy representing the respective standard form of the International Bureau.
(5) In addition to the representations of the design or of the products in which it is incorporated or to which it is applied, the applicant may decide to furnish also samples or models of the design that must comply with the requirements of Art. 5 (3)(b) of the Hague Agreement.
(6) The application must be accompanied by a document certifying payment of the prescribed fee, as well as by a document certifying payment of fees payable to the International Bureau. If the applicant fails to pay the fees, the Registrar shall notify him to do so within a period of 30 (thirty) days In case of failure to make the payment within the prescribed term, application shall be deemed withdrawn.
(7) Where the Intellectual Property Department is informed by the International Bureau of any deficiencies in the international application, the Registrar shall give notice thereof to the applicant and shall notify him to remedy those deficiencies within 30 (thirty) days . In case the applicant fails to remedy the deficiencies within the specified term, the application shall be deemed to be abandoned within the meaning of
the Hague Agreement.
(8) Where the Registrar has been notified, by the International Bureau, of an international application containing the designation of Oman, he shall examine whether the industrial design or designs comply with the requirements of Article 21 of the Act.
(9) (a) Where the Registrar finds that, in respect of an international application in which Oman has been designated, the requirements of Article 21 have not been complied with, he shall, in accordance with the relevant provisions of the 1999 Act and of the Common Regulations, notify the International Bureau that, to the extent that the said requirements have not been complied with, protection in Oman is refused. Such notification may be total or partial.
(b) The holder of the international registration in respect of which such a refusal has been notified shall enjoy the same remedies as if the industrial designs had been the subject of an application for registration under this Act.
(10) Where, in respect of an international registration which contains the designation of Oman, no notification of refusal has been sent to the International Bureau in accordance with the relevant provisions of the 1999 Act and of the Common Regulations, or any such refusal has subsequently been withdrawn, the international registration shall have the same effect, from the date of the international registration, as a registration of industrial designs under this Act.
CHAPTER 5 – LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS
Article 84
Application for Registration of a Layout-Design
(1) The application for the registration of a layout-design shall be made on Form No. 35 and shall be signed by each applicant.
(2) The application shall indicate each applicant’s name, address, nationality and residence.
(3) Where the applicant is the creator, the request shall contain a statement to that effect, and, where he is not, it shall indicate each creator’s name and address and be accompanied by the statement justifying the applicant’s right to the registration of the layout-design.
(4) The brief and precise designation of the layout-design shall consist of the title of the layout-design indicating the matter to which it relates or indicating the field to which the article in which it is intended to be incorporated, or has been incorporated, relates.
(5) Where the application was accompanied by a copy of the layout-design, the applicant shall file a drawing thereof within a period of 30 (thirty) days .
Article 85
Withdrawal of Application
The application may be withdrawn by written declaration submitted to the Registrar and signed by each applicant.The application fee shall not be refunded if the application is withdrawn.
Article 86
Marking Application
(1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters OM, slash, the letters LD, slash, the numbers of the year in which the initial papers were received, slash, and a five-digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Registrar shall also mark their actual date of receipt in the appropriate place of the request for registration of the layout-design (Form No. 36).
(2) The application number allotted under subrule ( 1 ) shall be quoted in all subsequent communications concerning the application.
Article 87
According and Notifying Filing Date; Examination; Decision to Grant or Refuse Application
(1) The Registrar shall examine whether the application fulfills the requirements .
(2) (a) Where the Registrar finds that the application did not at the time of receipt fulfill the requirements, he shall notify the applicant to file the required correction.
(b) The notification to file any correction shall specify the correction or corrections required and request that these be filed within 60 (sixty) days from the date of the said notification, together with the payment of the prescribed fee.
(3) Once the Registrar accords a filing date, he shall so notify the applicant in writing; if the application is treated as if it had not been filed, the Registrar shall notify the applicant, specifying the reasons.
(4) Where the Registrar finds that the conditions , and the Articles pertaining thereto are not fulfilled, he shall notify the applicant to file the required correction within 60 (sixty) days from the date of the notification, together with the payment of the prescribed fee; if the applicant does not comply with the notification to correct a deficiency, or where, despite corrections submitted by the applicant, the Registrar is of the opinion that the said conditions are not fulfilled, he shall reject the application and notify the applicant, in writing, stating the reasons.
(5) Refusal of the application shall not affect its filing date which shall remain valid.
(6) The Registrar shall notify the applicant of his decision to grant or to refuse the application, and, in the case of a decision to grant the application, he shall request the applicant to pay the registration and publication fee within 30 ( thirty ) from the date of the notification.
Article 88
Registration of Layout-Design; Publication of Reference Thereto; Issuance of Certificate
CHAPTER 6 – Unfair Competition
Article 89
Measures Related to Pharmaceutical and Agricultural Chemical Products
Article 64(3)(A)(1) of the Act shall be construed to provide that:
1 - unfair commercial use includes reliance by a governmental authority upon undisclosed test or other data concerning safety and efficacy submitted to it as a condition of marketing approval, without consent of the person submitting the data, within the applicable minimum 5 or 10 year period, in the approval of a same or similar product.
2- the applicable minimum 5 or 10 year period begins on the marketing approval date in Oman of the pharmaceutical or agricultural chemical product the data was originally submitted to support.
3 - unfair commercial use also includes reliance by a governmental entity on undisclosed test or other data submitted to it as a condition of marketing approval for a new use of an agricultural chemical product which does not contain a chemical entity which has not
been previously approved in Oman, in the approval of a same or similar product based on that data within 10 years from the date of the original marketing approval of the agricultural chemical product in Oman.