Geographical Indications Law in Nepal
Hereβs a comprehensive overview of Geographical Indications (GI) law in Nepal:
π³π΅ 1. Legal Framework
Nepal currently does not have a standalone Geographical Indications (GI) law. However, certain aspects of GI protection are covered under other existing legislation:
Patent, Design and Trademark Act, 2022 (B.S.) (i.e., 1965 A.D.)
β Offers limited protection for marks that include geographical names, often through certification or collective trademarks.
Nepal has drafted a Geographical Indications Bill, but as of 2025, it has not yet been enacted into law.
π§Ύ 2. Draft Geographical Indications Bill
Nepal has made efforts to develop a specific GI legal regime, which includes:
Definition of GIs aligned with the TRIPS Agreement.
Procedures for:
Application
Examination
Publication & Opposition
Registration and protection
Prohibition of misuse and use of deceptive similar names.
π However, the bill is still pending approval, and therefore not yet enforceable.
π 3. International Commitments
Nepal is a member of:
World Trade Organization (WTO) β bound by the TRIPS Agreement, which requires GI protection.
World Intellectual Property Organization (WIPO)
Paris Convention
As a Least Developed Country (LDC), Nepal enjoys some flexibilities in implementing TRIPS, but is still required to develop GI protection mechanisms.
π‘ 4. Protection via Trademarks
In absence of GI law, protection can be sought under:
Certification Marks
Collective Marks
Example:
"Nepal Tea" and "Ilam Tea" are products often linked with origin and quality, though their GI protection is not yet formalized.
π 5. Potential GIs in Nepal
Nepal has many local products that would qualify for GI protection once legislation is enacted:
Ilam Tea
Jumla Apples
Marpha Brandy
Dhaka Fabric (Palpa)
Allo (Himalayan Nettle) Products
Mustang Garlic
These products are tied to geographic origin and possess unique qualities and reputations.
β Summary Table
| Aspect | Status in Nepal |
|---|---|
| Dedicated GI Law | β Not enacted yet |
| Draft GI Legislation | β In development |
| Trademark-based GI Protection | β Certification/Collective marks under Patent, Design and Trademark Act |
| Registration Authority | Department of Industry, Ministry of Industry |
| TRIPS Compliance | β Yes (WTO member, with LDC flexibilities) |
| Paris Convention Member | β Yes |
| GI Use in Practice | π Limited and informal (e.g., Nepal Tea) |
π Final Note:
Nepal is moving in the direction of GI protection, but currently lacks full legal infrastructure. A dedicated GI Act would help local producers obtain exclusive rights, boost exports, and preserve cultural heritage.
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