VZCZCXYZ0006
RR RUEHWEB

DE RUEHMS #0152/01 0511021
ZNR UUUUU ZZH
R 201021Z FEB 08
FM AMEMBASSY MUSCAT
TO RUEHC/SECSTATE WASHDC 9288
INFO RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS MUSCAT 000152 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/ARP, EEB/TPP/MTA/IPC 
STATE PASS USTR FOR JBUNTIN 
COMMERCE FOR ITA THOFFMAN 
 
E.O. 12958: N/A 
TAGS: ECON KIPR ETRD MU
SUBJECT: OMAN RESPONSE TO SPECIAL 301 REVIEW 
 
REF: STATE 9475 
 
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Summary 
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¶1. (SBU) The Omani government continues to take steps to 
protect intellectual property, evidenced both by its 
revisions to its IPR regime in advance of implementation of 
the U.S.-Oman Free Trade Agreement (FTA), and its 
collaborative work with the USG and the private sector. 
Given these efforts, Embassy recommends that Oman not be 
placed on the "Watch List" or the "Special Mention List" for 
¶2008.  End Summary. 
 
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Advancing IPR 
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¶2. (U) The Omani government has worked extensively with USG 
counterparts during the course of 2007 to revise its already 
strong intellectual property regime in advance of the 
implementation of the FTA.  The government is finalizing its 
industrial property and copyright laws, which will provide 
increased IPR protection for copyrights, trademarks, 
geographical indications, and patents.  Oman will also 
improve enforcement and protection of undisclosed test data 
from unfair commercial use.  Both revised laws, which 
included input from the USG, are undergoing final review with 
the Ministry of Legal Affairs before they are promulgated by 
Royal Decree.  The government has drafted, again with 
significant USG input, optical disc regulations and a 
government use of software decree in order to meet FTA 
obligations.  In addition, the government is in the process 
of acceding to those intellectual property conventions as 
specified in Article 15 of the FTA. 
 
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Working with the USG 
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¶3. (U) The Omani government welcomes technical assistance 
programs to enhance its intellectual property protection 
efforts.  The U.S. Patent and Trademark Office (USPTO) has 
held a number of successful intellectual property rights 
(IPR) seminars, the most recent being workshops on broadcast 
and optical disc piracy, as well as border enforcement, in 
February 2008.  Over 40 officials from the Ministry of 
Commerce and Industry, Ministry of Foreign Affairs, Royal 
Oman Police, Ministry of Information, and the Office of the 
Public Prosecutor attended.  Workshop participants were 
knowledgeable about the issues concerning the two topics and 
readily engaged USPTO officials.  These workshops followed 
well-attended USPTO seminars in both January and December 
2006 for judges, prosecutors, investigators and customs 
officials.  Furthermore, the Omani government regularly 
nominates officials for participation in USPTO-sponsored 
programs at its headquarters in Alexandria. 
 
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Working with the Private Sector 
------------------------------- 
 
¶4. (U) The Omani government is engaged with the private 
sector on supporting intellectual property rights.  On 
computer software usage, the Omani government is in the midst 
of a three-year agreement with Microsoft for the desktop use 
of the company's licensed products.  As a component of the 
relationship, Microsoft provides training to the intellectual 
property division at the Ministry of Commerce and Industry. 
It also is investing in training programs for government 
employees and the general community.  Most recently, 
Microsoft and the Information Technology Authority signed an 
agreement to provide on-line services to 650,000 students in 
Oman.  The government is partnering with Cisco systems in 
developing a framework for e-government services. 
 
¶5. (U) The government conducts periodic sweeps of the market 
in efforts to confiscate counterfeit goods.  In January 2008, 
the Ministry of Commerce and Industry and the Royal Oman 
Police confiscated over 8,000 pirated discs from retailers. 
This effort follows others that have netted as many as 40,000 
pirated discs.  Furthermore, in 2007, the Royal Oman Police 
worked with Estee Lauder to remove counterfeit creams from 
storefronts in Ruwi, a principal commercial district of 
Muscat. 
 
¶6. (U) On the pharmaceutical front, the Ministry of Health's 
Directorate of Rational Drug Use has affirmed that once the 
U.S.-Oman Free Trade Agreement (FTA) comes into effect, the 
Ministry would recognize U.S. pharmaceutical product patent 
expiration dates.  The Ministry has already solicited 
information -- including trade name, chemical name, first 
filing date, strength, patent expiration date, and a copy of 
the original U.S. patent -- from U.S. pharmaceutical 
producers regarding patented products being marketed in Oman. 
 The Ministry further agreed to adhere to the strong data 
protection requirements of the FTA.  The Ministry's Director 
of Rational Drug Use mentioned to Econoff on February 18 that 
she recently had a productive meeting with PhRMA 
representatives in Muscat regarding protection of 
pharmaceutical patents. 
 
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Comment 
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¶7. (SBU) Oman continues to improve upon its intellectual 
property protection regime in anticipation of implementing 
the FTA, and USG programming is assisting Oman in enforcing 
its IPR obligations.  Furthermore, the private sector has 
made significant efforts in partnering with Omani government 
officials on IPR protections.  For these reasons, Embassy 
Muscat recommends excluding Oman from both the Watch List and 
Special Mention List for 2008.  End Comment. 
GRAPPO