Database

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OMAN

Since March 2002, last amended in 2015
Since March 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Telecommunications Regulatory Act (Royal Decree 30/2002)

Decision No. 37/2008 - Rules for importing, exporting, re-exporting and usage of Encryption Systems and Equipment
Pursuant to the Telecommunications Regulatory Act, the Telecommunications Regulatory Authority issued Decision No. 37/2008. In accordance with Arts. 4 and 5, dealing in encryption systems or equipment should only be permitted after obtaining the Authority’s approval. The following are required to obtain the Authority’s approval to deal in encryption systems or equipment:
- Registration with the Authority to deal in encryption systems or equipment;
- Submission of a statement showing type and specifications of all encryption systems or equipment intended to deal in;
- A sample of the encryption system or equipment intended to deal in, whenever requested by the Authority. Where samples are submitted, the Authority may retain them in whole or in part if the work interest so requires;
- Information as requested by the Authority regarding the dealing user;
In addition, the Authority may scrutinize and inspect the encryption systems or equipment before licensing their usage, and it may, whenever necessary, retain a sample and obtain the key (Art. 9).
Coverage Horizontal

OMAN

Since May 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Royal Decree No. 38/2000 on Law on Trademarks
The country has a framework in place that provides effective protection of trade secrets. Royal Decree No. 38/2000 on Law on Trademarks establishes broad protections for trade secrets, within the law a trade secret is defined as such if "due to its nature, it is not known, it draws its commercial value from its confidentiality, reasonable measures have been taken to maintain its confidentiality or it is not easily accessible to an ordinary person having skill in the art". Sanctions against the disclosure of trade secrets include fines and imprisonment.
Coverage Horizontal

OMAN

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Oman to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

OMAN

Since September 2005

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Oman ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

OMAN

Since September 2005

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Oman ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

OMAN

Since May 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Royal Decree 67/2008 on Law on Industrial Property Rights
Art. 65.3 of the Law on Industrial Property Rights allows the disclosure of data in industrial and commercial activities if necessary to protect the public interest. However, there is no further clarification on what constitutes public interest leaving this provision ambiguous.
Coverage Horizontal

OMAN

Since October 2001

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Oman is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

OMAN

Since May 2008, last amended in December 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Royal Decree No. 65/2008 on Law on Copyright and Neighbouring Rights
Oman has a copyright regime under the Royal Decree No. 65/2008 on Law on Copyright and Neighbouring Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 20 lists the exceptions, which include quoting paragraphs from a protected work lawfully made available to the public in another work for clarification, explanation, or criticism purposes, to the extent of the desired purpose and as much as justified by such goal; the use of the work in meetings within the family or through an educational institution for clarification during face-to-face educational or teaching purposes, within the limits justified by such goal, provided that this would be done with no direct or indirect compensation; among others.
Coverage Horizontal

OMAN

Since December 2020

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Ministry of Commerce, Industry and Investment Promotion (MOCIIP) Ministerial Decision No.209/2020
The MOCIIP Ministerial Decision No.209/2020 introduces a “negative list” of investments that bans foreign investment in certain sectors to safeguard national security interests. The list includes retail sales of mobile phones, their accessories, and of cards of telecommunications services licensed in the Sultanate.
Coverage Retail sales of mobile phones, their accessories and cards of telecommunications services

OMAN

Since January 2020

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Royal Decree 50/2019 on Foreign Capital Investment Law
Art. 6 of the Foreign Capital Investment Law stipulates that all permits required for foreign investments in Oman should be approved through the Investments Services Centre of the Ministry of Commerce and Industry.
Coverage Horizontal

OMAN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Oman is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2001.
Coverage Horizontal

OMAN

Since March 2008, last amended in 2013

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Royal Decree No. 36/2008, last amended by the Royal Decree No.60/2013 on Tender Law
Art. 36 of the Tender Law states that local SMEs may receive a bidding preference in government tenders within a 10% price differential.
Coverage Horizontal

OMAN

Since 2008, last amended in 2013

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Royal Decree No. 36/2008, last amended by the Royal Decree No.60/2013 on Tender Law
Art. 16 of the Tender Law stipulates that a public tender can be a local or international tender. Foreign companies without a representative in Oman cannot participate in local tenders. To participate in local tenders, foreign companies can register a temporary branch for the duration of the work. It is reported that many international companies choose to establish an agency agreement with local companies. This agreement is registered with the Ministry of Commerce, Industry and Investment Promotion (MOCIIP), and the agent participates in tendering on behalf of the foreign company.
In addition, Art. 23 states that a foreign company is required to register in Oman within 30 days from the award of a contracting or construction contract in an international tender.
Coverage Horizontal

OMAN

Since 2008, last amended in 2013

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Royal Decree No. 36/2008, last amended by the Royal Decree No.60/2013 on Tender Law
Art. 47 of the Tender Law states that the State can use limited contracts in cases the nature of the contract requires restricting the participation in the tender to specific suppliers, contractors, or consultants within or outside the Sultanate who satisfy the required conditions.
Coverage Horizontal

OMAN

Since 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Tender Board Circular No.3/2016 on Giving the Priority for Purchasing and Using National Products in Government Projects
The Tender Board Circular No. 3/2016 introduces the In-Country Value (ICV) policy in government procurement. The policy seeks to incentivize companies, including foreign companies, to procure local goods and services and provide training to Omani national employees. The government includes bidders' ICV as one factor in all government tender awards. It is reported that foreign companies find this requirement prohibitive.
Coverage Horizontal

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