Existing Laws on Intellectual property in Nepal

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Existing Laws on Intellectual property in Nepal

Published by: Anu Poudeli

Published date: 07 Aug 2023

Existing Laws on Intellectual property in Nepal

Here is a summary of the important components of Nepal's intellectual property laws:

1.Copyrights : The IPR Act protects literary, creative, and scientific works such as books, music, films, computer software, and databases. In Nepal, copyright protection lasts for the author's lifetime plus 50 years after their death.

2.Trademarks: Under the IPR Act, trademarks, service marks, and collective marks can be registered and protected. Words, logos, symbols, and even sounds can be used as trademarks to differentiate goods or services in the marketplace. Trademark protection is valid for ten years and is renewed forever.

3.Patents: The IPR Act protects inventions that are innovative, entail an inventive step, and have industrial application. Patents are normally issued for 20 years from the date of filing.

4.Industrial Designs: Under the legislation, industrial designs, which pertain to the aesthetic or ornamental qualities of a product, can be registered and protected. Industrial design protection is valid for five years from the filing date and is renewable for two subsequent five-year durations.

5.Geographical Indications (GIs): The IPR Act recognizes geographical indications (GIs) as indications of origin and quality connected with particular Nepalese products originating in specific geographical locations.

6.Trade Secrets and private Information: While Nepal does not have explicit trade secret legislation, private information is protected under the law.

7.Penalties and Enforcement: The IPR Act includes provisions for both civil and criminal enforcement of intellectual property rights. Copyright, trademark, and patent infringement can result in penalties, imprisonment, or both.

Nepal is also a signatory to a number of international intellectual property treaties and conventions, including the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, and the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).