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EDITOR IN CHIEF- ABDULLAH BIN SALIM AL SHUEILI

Trademark violators to face jail term

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STAFF REPORTER -


MUSCAT, JULY 27  -


Amid a rise in trademark violations, the Ministry of Commerce and Industry said it will intensify checks to deal with counterfeit goods. According to a top official in the ministry, trading in fake and contraband goods is still thriving in some parts of the market despite the government’s constant warning and monitoring.


“The ministry has been receiving a number of complaints about counterfeiting of trademarks. In the recent raids, a large number of violations were detected and goods seized,” said Ali bin Hamad al Maamari, Head of Intellectual Property Rights Monitoring Department at the ministry.


Many traders were found to have involved in this unethical practice on the pretext that they are unware of the laws, he said.


The violations were across almost all consumer sectors, including food items, car tyres and spare parts, medicines, watches, jewellery, clothes, shoes, bags, cell


phones, electronic devices and building materials.


Al Maamari said that Article 16/2 of the Unified Trademarks Law of the GCC countries, the owner of a trademark can prevent others from using his/her trademark without their prior consent.


Due to the protection of the rights of the trademark owners, all traders and importers must stop trading and selling products which have trademarks protected in the Sultanate”, urged Al Maamari.


Legal action will be taken against the violators as per the law, he warned. According to Article 42 of the law, trademark violators can be punished by imprisonment for a period of not less than one month and not more than three years and a fine not less than RO 500 and not more than RO 10,000, or one of those two punishments.


It also calls for payment of compensation for the loss caused due to violation of this right. The main focus of the Trademark Law is to bring uniformity trademark laws in GCC member states namely, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE. Through the Trademarks Law, trademarks are provided a greater ambit of protection. The law prohibits the registration of reproduction, imitation or translation of well-known marks.


It also prohibits the registration of a mark with relation to dissimilar goods, whereby consumers may be lead to believe that the goods emanate from the same trader, and which would likely the damage the trademark owner’s interests.


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