Intellectual Property Related Laws and Procedures in Nepal

by

Govinda Prasad Subedi,

Director, Department of Industry

27th October, 2010

My presentation

- Existing Administration System in IP- Current Status of Nepal IP Office- Institutional Arrangement- Concerning Laws - IP Registration Procedures- Law enforcement Agencies- Current progress

Existing IP Administration system in Nepal

– IP Section of DOI is responsible for Patent, Design and Trademark Administration.

a. Partly through IPAS (WIPO-NOV 03)

b. Partly Mannual – DOI is responsible for other Sectoral IP administration

also.eg. GI, TK, TCE, GR

– Copyright – Through Office of the Registrar of Copyright.

History of IP in Nepal (Ancient)

– In post Vedic Age, Nepal Kalambalam, Nepala Kastury were Famous.

– Samveda had its own Musical history in the Vedic Era

– 4 Vedas, 4 Upavedas, 18 Puranas, 18 upapuranas,and 108 Upanisadas, are IP as well as TC and TCE of the society.

– Mrit Sanjibini was famous in RAMAYAN age.

Contd….

History of IP in Nepal ( Medieval )

– Nag Bhojpatram

– Raj Tarangini of Jayadeva

– Nepal Kambalam, Art of Arniko,

– Mananka, Kailashkoot art etc.

History of IP law in Nepal ( Modern )

– Trade Mark Kanun, 1937 ( 1993 Vikram Sambat)

– Patent , Design and Trade Mark act, 1965

– Copyright Act – 2002

Kinds of Marks• Trademark ( TM )

• Service mark

• Collective mark

• Geographical Indication (GI)

• National and International / Governmental Logo

• Inter– governmental logos • Certification Marks

Who can apply and use Collective mark

– sn]lS6e dfs{sf]] btf{ ;DaGwL lgb]{lzsf, @)^& cg';f/ k|rlnt sfg"g jdf]lhd :yfkgf, u7g jf btf{ ePsf] ;+3, ;+u7g jf ;xsf/L ;+3n] To:tf] ;+3, ;+u7g jf ;xsf/L ;+3;+u cfj4 ;b:on] dfq k|of]u ug{ kfpg] u/L btf{ u/fpg rfx]sf] dfs{nfO{ sn]lS6e dfs{sf] ?kdf btf{ ug]{ Joj:yf ldnfOPsf] 5 .

– ;f] lgb]{lzsfn] lgwf{/0f u/]sf] zt{sf] clwgdf /xL To;sf ;b:ox?n] dfq Collective Mark k|of]u kfp5g\ .

International Institutional Arrangement of Nepal

– WTO Membership, 2004

– WIPO Membership, 1997

– Member of Paris Convention – 2001

– Member of Berne Convention , 2006

– Exchange of Cooperation with Japan Patent Office (JPO), IPO Australia, IPO Korea, IPO Malaysia, IPO India, IPO USA, SIDA etc.

DURATION OF IP REGISTRATION

Patent – Registration for 7 yrs, renewal 2 times for 7 yrs. Each, total validity 21 yrs.

Industrial Design – registration for 5 yrs, renewal 2 times for 5 yrs. Each, total validity 15 yrs.

Trademark – registration for 7 yrs. renewal every 7 yrs for indefinite period.

Current Industrial Property Data Chaitra 2066

REGISTERED FOREIGN ORIGIN DOMESTIC ORIGIN

PATENT 67 36 31

TRADE MARK 27054 12091 14963

DESIGN 81 55 26

LAW ENFORCEMENT AGENCIES

- IP Offices

- Courts

- CDO Offices

- Local Governments

- Police

- Custom Offices

- Consumers' Right Implementation Offices, etc

Some Concerning Laws and Rules

- Interim Constitution of Nepal, 2063 (B.S)- Patent, Design and Trademark Act, 1995 - copyright Act, 2002- Paris Convention , 2001- Export Import Act, 2013 - Customs Act, 2064 and Regulations 2066,- Foreign Investment and Technology Act, 1992

- Consumers' Rights Protection Act, 2054 (B.S)

- Consumers' Rights Protection Rules, 2055 (B.S)

- Black Marketing Act, 2032 (B.S)- Summary Procedural Act, (Samchhipta Karyabidhi ain)

Some Concerning Laws and Rules Contd………

- DOI Procedural Directives 2058 (B.S)

- Collective Marks Nirdeshika, 2067 (B.S)- Local Self government Act, 2055 and Regulations 2066 (B.S)-Competition Act,

LAW ENFORCEMENT PROCEDURE ( Trademarks/Collective Marks)

– Filling & Receive of IP Applications

– Data Capture

– Search the Logo or word, verification and examine.

– Decision for bulletin publication (Notice for pre–opposition)

– Issuing the certificate ( after 3 months of notice publication)

In case of pre–opposition:

– Tribunal (hearing) Meeting and recommendation .

– Decision for issuing the certificate.

Appeal,

– Appeal over decision on the Court

Other work of IP Office

– Ownership Transfer, Renewal, Licensing, Cancellation of IP’s.

– Receive complains on violation of IPR,

– Conduct investigation against violation

– Organise meetings, Seminars, and create awareness

– Co-ordinate with national and International organisations/Governments.

Recent progress

– New Industrial Policy

– Proposed for separate / autonomous IP office

– Proposal for new IP procedural activities,

– New Collective Mark Nirdeshika,

– GI Mapping program under Tier 2

( proposed)

WAY FOR FUTURE IMPROVEMENT

MORE AWARENESS PROGRAMS AT GRASS –ROOT LEVEL,

ESTABLISHMENT OF SEPARATE IT ROOM, COMPUTERS,

STRENGTHENING THE LEGAL SECTION, MANUALS (DIRECTIVES) FOR IP

ADMINISTRATION OF DOI.

For More Information

Please, Contact

Department of Industry, Kathmandu,Phone 0097-1-4261101, 4261203

Fax No . 0097-1-4261112Web-site

www.doind.gov.np , E-mail : info@doind.gov.np