Section 2(b) of Patent Design and Trademark Act 2022(PTDA) defines Design as, “The form or shape of any material manufactured in any manner.” The process of registration of Design may differ from country to country. In case of Nepal the designed registered in anyone’s name remains valid for a period of five years from the date of registration. One can renew the Design not more than twice for a period of five years at a time. No one shall copy or use or cause to use the design that is registered in the name of the others without transforming the ownership or written permission.
The Department shall not register the design or shall cancel the registration if
- such design hurts the prestige of any individual or institution,
- such designs adversely affects the public conduct or morality,
- such designs undermines the national interest,
- such design has already been registered in the name of any other person.
The department shall provide reasonable opportunity to the design- holder to show case if any, why the registration of his/her design should not be cancelled.
The steps for registration of Design in Nepal is as mentioned below:
Step: 1 Application for the registration of Design: Anyone wanting to register a Design in their name shall submit an application to the department in the format as per Schedule 1(b) of Patent Design and Trademark Act 2022(PTDA) along with four copies of such design and maps, and drawings and particulars thereof.
Step: 2 Submission of Application Fee: The person submitting an application shall pay the application fee to the department specified in Schedule 3 (2) (a) i.e. Rs.1000 along with the application.
Step: 3 Publication by the Department for the public knowledge: The Department shall publish the designs registered as well as particulars of their renewal or cancellation, for the information of the public
Step: 4 Objection to the publication: Anyone who has any objection to the particulars published may file a complaint to the department within a period of 35 days from the date of such publication. The Department shall take necessary Actions after holding inquiries into such complaints.
Step: 5 Registration of the design: If the publication of the Designs is not objected by anyone, the Department shall register the design in the name of the applicant and issue a certificate as mentioned in Schedule 2(b)
Step: 6 Submission of Registration Fee: Applicant shall pay a design registration fee as prescribed in Schedule 3 (2) (b) i.e. Rs.7000 to the department.