Intellectual Property is an emerging dimension in Nepalese legal context. Many startup owners and entrepreneurs are now becoming aware of the various types of Intellectual property and the importance of registering them. Intellectual property (“IP”) is an intangible asset which is equally or even more important than the tangible assets. IP is the property derived from the intelligence of the creator, hence it is intangible. Your business’s trade name, trademarks, new inventions, industrial designs, songs, artistic creations, and various other unique creations can and should be guaranteed protection by the laws of Nepal. Registration of your IP is required for its protection and to maintain your ownership of your own creations so that they can’t be misused by others.
Intellectual Property Registration in Nepal
Nepal protection and enforcement of trademark are governed by Patent, Design and Trademark Act, 1965 (2022). Department of Industries (DOI) within the Ministry of Industries, Government of Nepal is the competent authority body to register and monitor the foreign trademarks in Nepal. Trademark registration service is provided by our company for the national and international business trade.
The Patent, Design, and Trademark Act has authorized the Department to protect the industrial property like patent, design, and trademark; Patents shall include new invention; principles and formulae; Design shall include physical shape and appearance whereas Trademark shall include the word, sign, picture or all three or combination between them to differentiate the product from the others.
Types of intellectual property:
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A copyright protects the expression of an idea. Unlike a patent, which protects the idea itself, copyright protects only the expression.
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to use an invention: no one else may use it by producing, selling or importing it without permission from the patent owner. A patent gives you a legal right to stop others from making, using, or selling something you have invented for up to a specified period of time.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times, when artisans used to put their signature or “mark” on their products. A trademark is a combination of letters, words, sounds, or designs that distinguishes one company’s goods or services from those of others in the marketplace. A trademark is unique. It is important to a company because, over time, a trademark comes to stand not only for the actual goods and services you sell but also for your company’s reputation and brand.
Trade secrets are IP rights on confidential information which may be sold or licensed. A trade secret can be defined as any confidential business information that is exclusive to that particular entity and which provides an enterprise with a competitive edge. Trade secrets encompass both commercial and operating conditions of business and include, for example, sales methods, marketing method, distribution methods, consumer profiles, advertising strategies, client lists and manufacturing processes. It can be both information documented in some form and non-documented knowledge of individual persons about specific circumstances.
There is no registration process for the protection of trade secrets. Similarly to copyrights, the information is protected through its creation. Therefore, trade secrets can be protected for an unlimited period of time as long as the information remains undisclosed. In order to keep the information secret, it is important that you implement your own confidentiality strategy.
Filing and Registering Intellectual properties in Nepal
There are several Intellectual property matters relating to filing, registering, and prosecuting patents, industrial designs, trademarks, and copyrights. The Intellectual property management involves the creation, registration, renewals, licensing and enforcement. BizSewa leads the market in terms of IP registration and management. We closely work with you to understand the requirements and expectations of your business, objectives, and apprehensions. We make every effort to offer numerous options and solutions to our client before and after commencing any project.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
BizSewa is well-equipped to register and protect the IP rights of our clients in Nepal and elsewhere. BizSewa provides our clients with a detailed process for registration of the trademark, patents, and designs in Nepal. We also provide legal assistance in filing for the priority claim in the authority of Nepal as per various international conventions. Furthermore, in regard to infringement of your intellectual property right, we are always geared up to in getting you a remedy against the infringement of your intellectual property right.