Industrial Designs Law in Nepal
Nepal's industrial design protection is governed by the Patent, Design and Trademark Act, 2022 (1965), administered by the Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies. This legislation provides a framework for the registration, protection, and enforcement of industrial designs within Nepal.
๐ Key Provisions of Nepalโs Industrial Design Law
1. Definition and Scope
An industrial design in Nepal refers to the visual features of shape, configuration, pattern, or ornamentation applied to an article by any industrial process, which appeals to the eye. The design must be new, original, and not solely dictated by technical or functional considerations.
2. Registration Process
To register an industrial design, the applicant must submit:
An application to the DOI.
Four copies of the design, including maps and drawings.
A receipt of the application fee.
A power of attorney (if applicable).
Details of the claim reflecting originality.
Personal details of the designer.
The DOI conducts both formal and substantive examinations to assess compliance with legal requirements. If no objections are raised, the design is registered and published in the Industrial Property Bulletin. Oppositions can be filed within 35 days of publication.
3. Duration and Renewal
The initial protection period for a registered industrial design is 5 years, renewable twice for additional 5-year terms, totaling a maximum protection period of 15 years. Renewal applications must be submitted within 35 days before the expiration date, with a grace period of up to 6 months after expiration, subject to a late fee.
4. Grounds for Refusal
The DOI may refuse to register a design if:
It is identical or similar to an existing registered design.
It is contrary to public order, morality, or national interest.
It adversely affects the prestige of any individual or institution.
5. Enforcement and Remedies
Infringement of industrial design rights occurs when unauthorized parties make, sell, or import products incorporating the protected design. Rights holders can seek remedies through:
Civil litigation in Nepali courts.
Criminal prosecution for willful infringement.
Border measures to prevent the import of infringing goods.
Alternative dispute resolution methods like mediation and arbitration.
Available remedies include injunctions, damages, seizure and destruction of infringing goods, and publication of court judgments.
๐ International Treaties and Conventions
Nepal is a member of several international treaties that influence industrial design protection:
Paris Convention for the Protection of Industrial Property: Allows applicants to claim priority for design applications filed in other member countries within six months.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): Sets minimum standards for the protection of industrial designs.
World Intellectual Property Organization (WIPO) Convention: Establishes WIPO as the global forum for IP services.
However, Nepal is not a contracting party to the Hague Agreement, which facilitates the international registration of industrial designs.
๐ Summary
Registration Required: Industrial designs must be registered with the DOI to receive legal protection in Nepal.
Protection Duration: Initial protection lasts 5 years, renewable up to 15 years.
Enforcement: Rights holders can pursue legal action through civil and criminal channels.
International Considerations: Nepal is a member of key IP treaties but is not part of the Hague Agreement.
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