Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Royal Decree 39/2000 regulates industrial drawings and patterns. In order to be protected, a drawing or pattern must be registered in the trade drawings and patterns register at the Ministry of Commerce and Industry in Oman. The person who created the drawing or pattern is then deemed to be the owner, unless another party can prove this not to be the case.
The design must be original and, again, must conform to Oman’s standards of decency, in order to enjoy protection. The protection of a registered drawing or pattern lasts for ten years from the date of submission of an application for its registration. Illegally copying the registered design is punishable by imprisonment or fine.
For the industrial design registration, the following documents are required for the same:
While getting into examination, the following may not be registered as industrial designs: (a) an industrial design which lacks novelty or originality or which was disclosed to the public in any country of the world by way of publication, use or in any other manner prior to the filing date of the application or, if any, priority date of a registration application. (b) an industrial design that is contrary to public order or morality.
In case of refusal, the applicant shall have the right to appeal against the decision refusing registration. The appeal shall be filed with a committee to be established by decision of the Minister. The rules of procedure of the committee shall be fixed in the Regulations. The decision of the committee may be the subject of an appeal before the competent court within sixty days from the date of notification of the decision of the committee by registered mail.
The term of protection afforded to industrial designs shall be ten years from the filing date of the application. Such term may be renewed for the same period of time, failure of which shall cause the registration to be cancelled by the competent authority of the Ministry. The application for renewal shall be filed within the last six months of the initial term. The registration and renewal fees shall be fixed in the Regulations. The registration and renewal decisions shall be published in the manner prescribed by the Regulations.
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, imports or possesses 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.