Copyright Registration in Nepal | WIPS law Associates

Copyright

The term “copyright” is a legal term that provides the legal protection to the creators of a broad range in literary and artistic work. When any person or institution creates or produce any literary or artistic work he or she is the owner, which is known as the creator and can control over his work. Law explicitly provides protection over that work to the creator which is known as copyright.

Copyright registration in Nepal is not compulsory according to the Act, however if anyone would like to get registered his/her work, sound recording, or broadcasting should voluntarily make an application to the registrar. According to the Act, “work” explicitly means any work presented and intellectually in the field of literature, art and science an in any other field and it shall include the following works;

1. Book, pamphlet, article, thesis
2. Drama, dramatic-music, dumb show, and a work prepared to perform in such manner,
3. Musical notation with or without words,
4. Audio visual works,
5. Architectural design,
6. Fine Arts, painting, work of sculpture, work of woodcarving, lithography and other work relating to architecture,
7. Photographic work,
8. Work of applied work,
9. Illustration, map, plan, three dimensional work relating to geographic, scientific article and work,
10. Computer program

Some of the frequently asked question about the Registration of copyright in Nepal.

Q.1) What is the competent authority to register the copyright?

Ans) The competent authority to register the copyright is Nepal Copyright registrar’s Office.

Q.2) What are the national laws that is applicable for the registration of copyright?

Ans) Applicable national laws for the Registration of copyright ,

1. Copyright Act, 2059 (2002),
2. Copyright Rule, 2061.
3. Procedure of Nepal copyright Registrar’s Office, 2061 (2004) 

International laws

1. Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) , 1995
2. World Intellectual Property Organization (WIPO)
3. Berne covention for the Protection of Literary and Artistic Works, 1886
4. Rome convention for the Protection of the Performers, Producers of phonograms and Broadcasting Organization, 1961
5. Universal Copyright Convention, 1951 
6. WIPO performers & phonograms Treaty, 1996
7. WIPO Copyright Teaty, 1996
8. Convention for the Protection of Producer of Phonograms Aganist Unauthorized Duplication of Their Phonograms, 1971  

Q.3) what are the protectable and non-protectable subject matter of copyright according to the Copyright Act, 2059 (2002)

Ans) The protectable subject matter are as follows,

1. Literary  work, which means Book, Pamphlet, article, thesis, computer programmes ,
2. Artistic work, which means Fine Arts, Painting, work of sculpture, work of woodcarving, lithography, Architecture design
3. Dramatic work, which means Dramatic music, dumb show and a work prepared to perform in such manner.
4. Musical work, which means music notation with or without words, sound recordings.

       The non-protectable subject matter are as follows,

1. Religion,
2. News,
3. Method of operation,
4. Concept or principle,
5. Court judgment,
6. Administrative decision

Q.4) What are the procedure of the registration of copyright?

Ans) The procedure of the registration of copyright are as follows,

• Any person who wants to register an copyright of his work should make an application with all evidence to Nepal Copyright Registrar’s Office according to schedule 1 of Copyright Rule, 2061,
• Examination over the application and orders to bring the documents if any missing,
• If all the requirement is fulfilled, and office hasn’t ordered to provide the document then office should provide the certificate within 35 days with a charge of 100 Rs from the date of the application according to the schedule 2 of Copyright Rule, 2061,
• With the examination, if it is seen that, the document which has been provided to the office doesn’t mount to register the copyright, Office has to provide information with a reason to the applicant within 7 days.

Q.5) What are the documents required that are submitted before Nepal Copyright Registrar’s office?

Ans) The documents required for the Registration of Copyright are as follows,

• Application form,
• 3 copies of artistic or literary work, sound recording, presentation of proposed Registration (in terms of audio visual and computer program both literature and digital forms are required).
• Copy of certified citizenship of the creator,
• Power of attorney,
• Agreement if any,
• Document related to ownership of literary or artistic work, sound recording, presentation or broadcast,
• Any work that has been firstly published in Foreigncountry and also in the territory of Nepal, where the date of publication is clearly mentioned.  

Q.6) What is the duration of protection of copyright?

Ans) The duration of protection of copyright of author, is throughout the life of the author and in case of his/her death until fifty years completed from the year of his death.

WIPS Law Associates provides Copyright registration, trademark registration in Nepal, Patent Rights Registration and Industrial Design rights in Nepal. For more information Contact us info@wips.com.np or contact us at 01-5907498

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