Registration of industrial Design in Nepal | WIPS Law Associates
The term design means the form or any shape of any material manufactured in any manner. The useful article which has aesthetic aspect or ornament and consist of the shape or pattern or color of article is known as industrial design. For the protection of the design it must be new and original. Industrial design are protected against unauthorized copying or imitation for a period which lasts for five, ten or fifteen years.
This article provides the information on registration process on industrial design in Nepal.
The law that addresses the registration of design is, The Patent, Design and Trade Mark Act, 2022.
The competent authority for the registration of industrial design in Nepal is department of Industry.
International convention, Nepal is signatory for the protection of industrial design are as follows;
- Paris convention for the protection of industrial property, 1883
- Agreement on Trade related aspects of intellectual property rights, 1995
- Convention establishing world intellectual property organization 1979, (WIPO convention)
- Hague agreement concerning the international registration of industrial design, 1925 (Nepal is not party to this agreement)
Procedure for the registration of industrial design,
- submission of application to the Department of industry, (”DOI"), with four copies of designs, maps and drawing.
- Examination over a document, whether the designs harms the pubic conduct, morality or national interest or is it similar to the existed designs.
- For the information of the public Department will publish the design registered.
- Registration of design if there is no objection by third parties, anyone who has any objection can file complaint within 35 days of such application.
The documents that are needed for the registration of industrial design and are submitted before Department of industry,
- Application of registration of industrial design (1 copy)
- Label of industrial design (4 copies)
- Receipt of submission of application fee (1 copy)
- Power of attorney (1 copy)
- Details of the claim that reflect originality (1 copy)
- Name, addresses and occupation of designer (1 copy)
Department has right to refuse the registration of design on the following grounds,
- If the design hurts the prestige of any individual,
- If the design adversely affect the public conduct or morality,
- If the design affects the national interest,
- If the design has been already registered in the name of other person
The validity of registered industrial design is 5 years from the date of registration.
Fee for the registration of industrial design are as follows;
The overall cost for the application fee and registration is 8000.
(Rs. 1000 for the application and Rs. 7000 for the registration)
Above picture is taken from the https://www.designedge.com.au/blog/2019/01/15/evolution-of-industrial-design-since-its-inception/