Nep
En
Intellectual Property
Intellectual Property can be defined as the outcome of creation, ideas, and thoughts such as invention, literary, artistic works, design, and symbols which can be expressed in one or other forms and the Intellectual Property right is the right given to a person over the creation of minds. It is broadly categorized into Copyright and Industrial Property (Patent, Design, & Trademark). It is intangible.
According to the Constitution of Nepal
Article 25: Right relating to property :( 1) every citizen shall, subject to law, have the right to acquire own, sell, dispose, acquire business profits from, and otherwise deal with, property.
- For the purpose of this Article, "property" means any form of property including movable and immovable property, and includes an intellectual property right.
Copy right
Copyright extends to Artistic, literary works and creation where expression is protected but not only the idea.
Rights under copyrights are: (i) Exclusive Rights: Economic Right – This means the right to reproduce, right to translate, right to communicate.
(ii) Moral Right: This means the right to acknowledgment and the right to attribution.
Related Rights: The related rights are those rights of a creative work related to copyrights that are not connected with the work's actual author. For instance; the Right to Performers (Section 9 of Copy Right Act 2002), the Right of Sound Recording Producer (Section 10), and the Right to Communication with the Public/ Broadcaster (Section 11).
In Section 7 there is economic right and in Section 8 there is moral right in the Copyright Act 2002 of Nepal.
Industrial Property
It is a form of intellectual property that is attached to or related to industrial products.
Patent: Exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem.
Legal provision related to Patents is Patent Design Trademark Act 1965(2022)
To have a patent register, an application to the Department of Industry (DOI) has to be applied.
Then, DOI will undertake the search procedure.
Later on, there will be registration if patentability conditions are met.
The term of a patent in Nepal is for 7 Years.
There is also a provision for renewing the patent within 35 days from the date of expiry by paying a fine of 1 thousand within 6 months after the expiry of the time limit of 7 year time.
If found guilty there will be a fine of up to 5 lakhs.
Trade mark
The trademark is the mark, a symbol that is used to signify the product.
Legal provision related to Trademark is Patent Design Trademark Act 1965(2022)
Application is given to the Department of Industry as in patent.
DOI will publish in Industrial Property Bulletin.
Registers, if there will be no objection.
Trademark is also registered for 7 years and it can also be renewed.
If found guilty there will be a fine of up to 1 lakh fine, and confiscation of products.
Design
The design consists of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines, or color.
Legal provision related to Design is Patent Design Trademark Act 1965(2022)
The application and registration process is like the procedure of a patent but the registration is for 5 years in design and can be renewed.
If found guilty there will be a fine of up to 50,000 fine and confiscation of the products.