الملخص الإنجليزي
The purpose of this paper is to look primarily into the laws and regulations governing the right of employees to own inventions during the course of their service according to the Omani laws and international agreements. In this paper, the researcher applied comparative structural - functional approach, one of the descriptive analytical methodologies, in studying and analyzing legal texts using inductive, structural and compositional analysis.
The paper is divided into: Introduction, Preliminary study, Two sections and a final section covering the main conclusions and recommendations.
The research found that the Omani legislator enacted a Special Law on all issues related to patents reaching the point of promulgating Industrial Property Rights Law compared to other laws such as the Egyptian and Jordanian laws which only included certain paragraphs in their labor laws in addition to their patent laws. Moreover, some laws stated special paragraphs on invention in the civil laws. Moreover, some laws stated special paragraphs on invention in the civil laws. The Omani legislator aims to regulate all issues related to industrial property rights within one law, in order to avoid clashes and interference between laws and any ensuing potential consequences, both on the level of substantive organization of the law or on the procedural and judicial levels.
This paper concluded that by the enacting the Property Rights Law in the Sultanate, the Omani laws were able to keep pace with international agreements and comparative regulation in terms of regulations in terms of regulating employees right to own inventions during the course of their employment by stipulating the cases where employees have the right to own inventions and the cases where that right is reserved to the employer. Therefore, Omani laws have sought to enshrine the relationship, in this matter, between the employer and employees regulating provisions of this relationship and solving its issues in a batter way compared to the former Patent which has been abolished. According to the Industrial Property Rights laws, employees have become well-positioned and their right to own their inventions during service time has been protected. Thus, the law has stipulated, in detail, the cases of the scope of employees right to own inventions during the course of their employment, when employees are entitled to financial remuneration about the invention and cases where the right of owing inventions is referred to employees in a manner that serves justice during the settlement of disputes in this issue.
