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Intellectual property border enforcement and custom recordal mechanisms in Oman

28 September 2026

Intellectual property border enforcement and custom recordal mechanisms in Oman

The Sultanate of Oman continues to strengthen its economic framework by reinforcing intellectual property rights protection at its borders. Central to this effort is the Directorate General of Customs and its electronic portal, the Bayan platform, which connects registered trademarks directly with customs authorities. This integrated portal enables continuous monitoring of incoming shipments and facilitates the prompt seizure of goods suspected of infringing valid IP rights. By establishing a direct link between trademark owners and border officials, the system serves as a primary line of defense against the influx of counterfeit products into the Omani market.

The customs protection structure operates through two primary operational phases. The initial phase consists of administrative trademark recordal, which formally registers trademark ownership within the Bayan database. This crucial administrative step ensures that customs authorities recognize the legal rights of the brand owner. Once completed, the administrative recordal remains valid for up to 10 years, matching the validity term of the official trademark registration certificate issued by the Ministry of Commerce, Industry & Investment Promotion. This phase can also be renewed accordingly if the underlying trademark registration is maintained.

Following administrative recognition, right holders can engage the second operational phase, known as the field product protection request. Unlike the initial administrative recordal, phase two is an active operational step aimed at enforcing border security for specific products at entry ports. Customs officers utilize this stage to actively intercept counterfeit goods linked to a registered item. Field protection is applied on a per-product basis, requires annual renewal, and relies on visual comparison guides alongside specific tariff codes to trigger shipment detentions and guarantee deposits when suspect goods are identified.

Border enforcement through the Bayan platform is executed via an 11-step operational procedure. The process commences when an applicant submits an electronic recordal application to the Intellectual Property Section at the Directorate General of Customs. This submission must include a copy of the trademark registration certificate, a legalized/apostilled POA, and supporting documentation proving legal ownership. The applicant must then provide full disclosure regarding known infringers, as well as the physical specifications and visual characteristics of the target goods. Furthermore, evidentiary proof of potential infringement, such as detailed photographs or physical samples, must be supplied to assist customs personnel.

When customs officials detain a suspect shipment at a port of entry, they concurrently notify the right holder or their legal representative and inform the importer of the detention rationale. The importer is granted access to the Customs portal to review the specifics of the alleged infringement. To proceed with the investigation, the right holder must deposit a financial guarantee of OMR500 (US$1,300) with customs within three business days of receiving the detention notice. This deposit serves as a formal guarantee to initiate procedures to ascertain the authenticity of the detained goods.

Strict timelines govern the handling of detained goods. Customs authorities provide the right holder with access to relevant suspect documentation and permit physical inspection of sample items. If the right holder fails to complete the necessary legal actions within 10 business days of notification, customs will automatically release the detained shipment. Similarly, if infringement cannot be established or if procedures are not finalized within the mandatory timeframe, customs clearance for the importer proceeds, unless a formal request to extend the detention for an equivalent period is officially granted.

When goods are conclusively proven to be counterfeit and infringing, the dispute must be resolved either through an amicable settlement between the parties or by referral to a competent court. The regulatory framework mandates a strict prohibition against commercial dealing, re-exportation or placing infringing goods under any alternative customs regime. The procedure ultimately concludes with the complete destruction of the counterfeit goods, with all destruction costs borne entirely by the infringing importer, ensuring no financial burden falls on the brand owner.

Conversely, the system incorporates legal protections for importers against unfounded detentions. If subsequent investigation or judicial review demonstrates that the detained goods are genuine and non-infringing, the right holder or their agent is legally obligated to compensate the alleged infringer. This compensation covers all damages incurred due to the wrongful stoppage, disruption, and associated losses, which are determined through court proceedings before the competent judiciary. The OMR500 financial guarantee deposited by the right holder acts as an initial security for these potential claims.

Regarding the schedule of fees, the official fee for initial trademark recordal is set at OMR20 (US$52) for up to 10 years, while the annual product protection request is set at OMR80 per product. However, registration fees are currently temporarily exempt pending the issuance of official legal regulations, though retroactive application of these fees may occur in the future. Lastly, stakeholders should note that as of August 2026, the Bayan customs IP system remains in a trial and pilot operational phase. The platform has not yet fully transitioned to live implementation, and present submissions to the Directorate General of Customs are strictly restricted to Stage 1 administrative filings.


About the author

 Jehad Ali E. Hasan

Jehad Ali E. Hasan

Jehad Ali E. Hasan, the founder and chief executive officer of JAH Intellectual Property, is a Jordanian University graduate with over three decades of extensive experience in the field of intellectual property across the Middle East and North Africa. A permanent resident of Qatar, Jehad honed his expertise working with some of the region’s most prominent IP firms before establishing JAH Intellectual Property in 1999. Under his leadership, the firm has expanded exponentially from a single office in Qatar to holding fully-staffed, operational offices throughout the GCC and Arab states, coordinating activities across multiple countries to provide comprehensive IP protection and enforcement as well as Africa through long-term affiliations. Jehad’s professional practice encompasses both contentious and non-contentious matters, specializing in portfolio management, dispute resolution, and representing clients before Middle Eastern patent and trademark offices. He is also an active member of major international associations, including the International Federation of Intellectual Property Attorneys (FICPI) and the Chartered Institute of Patent Attorneys (CIPA). 

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