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Legislative Implementation of Flexibilities - Oman

Title:Sections 1 and 15-16 of the Royal Decree Promulgating the Patent Law No. 82 of 21/05/2000
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

1. In implementing the provisions of this law, the following words and expressions shall have the meaning specified for it, unless otherwise specified.

The Minister: The Minister of Commerce and Industry

The Ministry: The Ministry of Commerce and Industry

The Department: The Department of Agencies and Intellectual Property (Patent Office).

Patent: The document awarded by the Department to the patent owner in order of invention, to enjoy the legal protection in accordance with this law and its bylaws.Contractual License: The license issued on the basis of the patent owner's approval for others to use the patent.Compulsory License: The license issued by a decision from the Minister without the patent holder's approval, for the cases specified in this law.

15. Three years after awarding the patent, whomever is concerned, may request a compulsory license to utilize the invention for any of the following reasons:

(a) Not utilizing the patent actively and seriously 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 contract to utilize it, which may impact the establishment, or development, of industrial or commercial activities within the Sultanate of Oman.

In all cases, compulsory license may not be issued if patent holder justified the position. Import of the produce is not considered a justified reason. The Minister issues compulsory license and the patent holder may complain against this decision before the committee, as stipulated in Article 7, in accordance with the conditions and regulation stipulated in the bylaws.

16. Compulsory license grants the licensee the right to initiate some, or all, the activities entrusted to the patent holder, in accordance with the license conditions, with the exception of the right to import the produce. License holder may use the civil and penal rights associated with the patent holder, to protect and utilize the invention, in the event of failure despite of being notified.

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