Intellectual Property Law in Nepal

"Protect The Creator Ease The Creativity"

Intellectual Property Law in Nepal

INTELLECTUAL PROPERTY LAW

Industries Enterprises Act, 2020 states that  “intellectual property” means intellectual properties including patents, designs, trademarks, service marks, geographical indications and trade secrets, and this term  includes matters defined as copyrights by the prevailing law;

Copyright Act, 2059 has included following arts under the protection of copyright:

  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, 2 (8) Work of applied art, (9) Illustration, map, plan, three-dimensional work relating to geography, and scientific article and work, (10) Computer program.

Foreign Investment and Technology Transfer Act, 2075 states that “Technology transfer" means any transfer of technology to be made under an agreement between an industry and a foreign investor on the following matters:

 (1)   Patent, design, trademark, goodwill, technological specificity, formula, process,

(2)    User’s license, technological know-how sharing or use of technological knowledge (franchise),

 (3)    Provision of foreign technical adviser, management and marketing service or other technological skill or knowledge.

Patent Design and Trademark Act, 2022 states that "patent" means any useful invention relating to a new method of process or manufacture, operation or transmission of any material or a combination of materials, or that made on the basis of a new theory or formula.

 Section 2(b) states that "Design" means the form or shape of any material manufactured in any manner.

Section 2(c) states that  "Trade-mark" means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or services of others.

Features of Intellectual Property Law in Nepal

  • Intellectual property is a means to welcome Foreign Direct Investment in Nepal as well.
  • Intellectual Property must be register in Nepal prior to use compulsorily. Without registering the IP, none can make a claim on it.
  • IP law mainly protects wide range of trademark, copyright, patent, industrial design etc.

WIPS Law Associates is an IP specialized law firm in Nepal. We have gained numerous experience in the field of Intellectual Property to our national and international Clients in Nepal. We have been providing all kinds of legal services in all matters relating to Intellectual Property in Nepal.

Please email us at info@wips.com.np to know more about the intellectual property in Nepal