Intellectual Property Laws at Nepal
Nepal's intellectual property (IP) legal framework is designed to protect the rights of creators and innovators across various domains, including patents, trademarks, copyrights, and industrial designs.
🏛️ Key Intellectual Property Laws in Nepal
1. Copyright Act, 2002 (2060 BS)
Automatic Protection: Copyright protection is granted automatically upon the creation of an original work in literary, artistic, musical, or dramatic forms
Duration:
Individual authors: Life of the author plus 50 years
Joint works: 50 years from the death of the last surviving author
Anonymous/pseudonymous works: 50 years from first publication
Photographs and applied art: 25 years from creation
Computer programs: 50 years from first publication
Moral Rights: Authors retain rights of attribution, integrity, and disclosure
Registration: While not mandatory, registration with the Copyright Registrar’s Office provides legal advantages, including prima facie evidence of ownership in legal proceedings
2. Patent, Design and Trademark Act, 1965 (2022 Amendment)
Patents:
Eligibility: Inventions that are new, involve an inventive step, and are capable of industrial application
Duration: 20 years from the filing date
Registration: Mandatory for protection
Industrial Designs:
Definition: The ornamental or aesthetic aspect of an article
Registration: Requires submission of the design along with necessary documents to the Department of Industry (DOI)
Duration: 5 years, renewable up to two times, totalling a maximum of 15 years
Trademarks:
Definition: Any sign capable of distinguishing goods or services
Registration: Mandatory for protection
Duration: 10 years, renewable indefinitely
Scope: Includes shapes, packaging, and combinations of colours
3. Trade Secrets
Protection: Arises from the nature of the information and the reasonable efforts taken to keep it secret
Registration: Not required
Enforcement: Protection is maintained through confidentiality agreements and legal actions against misappropriation
🏢 Enforcement and Administration
Department of Industry (DOI) Oversees the registration and enforcement of patents, industrial designs, and trademark.
Nepal Copyright Registrar’s Office Manages the registration and enforcement of copyright.
Nepal Police Handles criminal enforcement of IP rights, including raids and seizures of counterfeit good.
Nepal Bar Association Provides legal support and advocacy for IP rights holder.
🌐 International Engagement
Nepal is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Berne Convention for the Protection of Literary and Artistic Works, ensuring protection of foreign works under its jurisdiction.
RELATED Blog
0 comments