Presentation1

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Intellectual Property Related Laws and
Procedures in Nepal
by
Govinda Prasad Subedi,
Director, Department of Industry
27th October, 2010
My presentation
-
Existing Administration System in IP
Current Status of Nepal IP Office
Institutional Arrangement
Concerning Laws
IP Registration Procedures
Law enforcement Agencies
Current progress
Existing IP Administration system in
Nepal
– IP Section of DOI is responsible for Patent, Design
and Trademark Administration.
a. Partly through IPAS (WIPO-NOV 03)
b. Partly Mannual
– DOI is responsible for other Sectoral IP administration
also.
eg. GI, TK, TCE, GR
– Copyright – Through Office of the Registrar of
Copyright.
History of IP in Nepal (Ancient)
– In post Vedic Age, Nepal Kalambalam, Nepala Kastury
were Famous.
– Samveda had its own Musical history in the Vedic Era
– 4 Vedas, 4 Upavedas, 18 Puranas, 18 upapuranas,and
108 Upanisadas, are IP as well as TC and TCE of
the society.
– Mrit Sanjibini was famous in RAMAYAN age.
Contd….
History of IP in Nepal ( Medieval )
– Nag Bhojpatram
– Raj Tarangini of Jayadeva
– Nepal Kambalam, Art of Arniko,
– Mananka, Kailashkoot art etc.
History of IP law in Nepal
( Modern )
– Trade Mark Kanun, 1937 ( 1993 Vikram Sambat)
– Patent , Design and Trade Mark act, 1965
– Copyright Act – 2002
Kinds of Marks
•
•
•
•
•
Trademark ( TM )
Service mark
Collective mark
Geographical Indication (GI)
National and International /
Governmental Logo
• Inter– governmental logos
• Certification Marks
Who can apply and use Collective mark
– sn]lS6e dfs{sf]] btf{ ;DaGwL lgb]{lzsf, @)^& cg';f/ k|rlnt sfg"g
jdf]lhd :yfkgf, u7g jf btf{ ePsf] ;+3, ;+u7g jf ;xsf/L ;+3n] To:tf]
;+3, ;+u7g jf ;xsf/L ;+3;+u cfj4 ;b:on] dfq k|of]u ug{ kfpg] u/L btf{
u/fpg rfx]sf] dfs{nfO{ sn]lS6e dfs{sf] ?kdf btf{ ug]{ Joj:yf
ldnfOPsf] 5 .
– ;f] lgb]{lzsfn] lgwf{/0f u/]sf] zt{sf] clwgdf /xL To;sf ;b:ox?n] dfq
Collective Mark k|of]u kfp5g\ .
International Institutional Arrangement of
Nepal
– WTO Membership, 2004
– WIPO Membership, 1997
– Member of Paris Convention – 2001
– Member of Berne Convention , 2006
– Exchange of Cooperation with Japan Patent Office
(JPO), IPO Australia, IPO Korea, IPO Malaysia,
IPO India, IPO USA, SIDA etc.
DURATION OF IP REGISTRATION
 Patent – Registration for 7 yrs, renewal 2 times for 7
yrs. Each, total validity 21 yrs.
 Industrial Design – registration for 5 yrs, renewal 2
times for 5 yrs. Each, total validity 15 yrs.
 Trademark – registration for 7 yrs. renewal every 7
yrs for indefinite period.
Current Industrial Property Data
Chaitra 2066
REGISTERED FOREIGN ORIGIN
PATENT
TRADE MARK
DESIGN
DOMESTIC
ORIGIN
67
36
31
27054
12091
14963
81
55
26
LAW ENFORCEMENT AGENCIES
- IP Offices
- Courts
- CDO Offices
- Local Governments
- Police
- Custom Offices
- Consumers' Right Implementation
Offices, etc
Some Concerning Laws and Rules
- Interim Constitution of Nepal, 2063 (B.S)
- Patent, Design and Trademark Act, 1995
- copyright Act, 2002
- Paris Convention , 2001
- Export Import Act, 2013
- Customs Act, 2064 and Regulations 2066,
- Foreign Investment and Technology Act, 1992
- Consumers' Rights Protection Act, 2054 (B.S)
- Consumers' Rights Protection Rules, 2055 (B.S)
- Black Marketing Act, 2032 (B.S)
- Summary Procedural Act, (Samchhipta Karyabidhi ain)
Some Concerning Laws and Rules
Contd………
- DOI Procedural Directives
2058 (B.S)
- Collective Marks Nirdeshika, 2067 (B.S)
- Local Self government Act, 2055 and Regulations
2066 (B.S)
-Competition Act,
LAW ENFORCEMENT PROCEDURE
( Trademarks/Collective Marks)
– Filling & Receive of IP Applications
– Data Capture
– Search the Logo or word, verification and examine.
– Decision for bulletin publication (Notice for pre–opposition)
– Issuing the certificate ( after 3 months of notice publication)
In case of pre–opposition:
– Tribunal (hearing) Meeting and recommendation .
– Decision for issuing the certificate.
Appeal,
– Appeal over decision on the Court
Other work of IP Office
– Ownership Transfer, Renewal, Licensing, Cancellation
of IP’s.
– Receive complains on violation of IPR,
– Conduct investigation against violation
– Organise meetings, Seminars, and create awareness
– Co-ordinate with national and International
organisations/Governments.
Recent progress
– New Industrial Policy
– Proposed for separate / autonomous IP
office
– Proposal for new IP procedural activities,
– New Collective Mark Nirdeshika,
– GI Mapping program under Tier 2
( proposed)
WAY FOR FUTURE IMPROVEMENT
 MORE AWARENESS PROGRAMS AT GRASS –
ROOT LEVEL,
 ESTABLISHMENT OF SEPARATE IT ROOM,
COMPUTERS,
 STRENGTHENING THE LEGAL SECTION,
 MANUALS (DIRECTIVES) FOR IP
ADMINISTRATION OF DOI.
For More Information
Please, Contact
Department of Industry, Kathmandu,
Phone 0097-1-4261101, 4261203
Fax No . 0097-1-4261112
Web-site
www.doind.gov.np , E-mail : [email protected]