English abstract
The study aims at identifying the commercial name as per the provisions of the Omani Law, as it is considered as one of the important moral elements of the trade house, through answer to the following
questions:
What is the commercial name? Why is it adopted? What are the functions of the commercial name? How is the commercial name registered? How does the Omani Legislator protect the commercial name?
In reply to these questions, we have explained the law provisions regulating issues pertaining to the commercial name in all commercial legislations in force in the Sultanate. Then we have sorted them out according to their subjects, and we have divided them into three chapters. In the first chapter, we have clarified the general historical background of the establishment of the intellectual property rights. In the second chapter we have referred to the description of the commercial name, its nature, its functions, what resembles it, and its elements. The last chapter has been dedicated to the research on the mode of dealing with the commercial name, measures of its registration and protection. We have reached many conclusions, the most significant among them are: The necessity of issuing an Omani legislation concerned with the regulation and protection of the commercial name. The project clarifies explicitly practice of transfer of the ownership of the commercial name, to avoid any ensuing confusion. Addition of replacement of the commercial name by another to Article [15] of the Commercial Register Law, as one of the reasons for the elapse of the right of the commercial name. Cancellation of Article [307] of the Penal Code, which was punishing cases of infringement on the commercial name and to be satisfied with Article [93], of the Law of Industrial Rights, as a a special law which limits the Penal Code, is appropriate for the offender as its gives the judge the option to inflict imprisonment or fine, contrary to the Penal Code which combines both penalties.
