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 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 REGISTEREDFOREIGN ORIGINDOMESTIC ORIGIN PATENT TRADE MARK DESIGN

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, copyright Act, Paris Convention, Export Import Act, Customs Act, 2064 and Regulations 2066, - Foreign Investment and Technology Act, 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 , Fax No Web-site