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IP Bulletin Of Nepal
LEGAL BASIS:

Patent, Design and Trade mark Act, 1965, amended 1987 (which was again amended in parts in 1987 & 2006.) Membership in International Conventions Convention establishing the World Intellectual Property Organization (WIPO), since February 4, 1997. Paris Convention for the Protection of Industrial Property (Stockholm Act), since June 2, 2001. TRIPS Agreement, since April 23, 2004.


PATENTS


Confirmation and Registration:

In the case of patents registered in foreign countries, he need for examination and investigation may be and confirmatory patents granted on condition that " Priority documents, priority is to be claimed in Home Country (i.e. certified copy of specification as originally filed); these documents must be filed in Nepal within one-year file form home country, along with duly authenticated translation in English Language by a Notary Public or other concerned authority." A patent registration application.


Protection of Patents:

Patents are granted in respect of new inventions. An invention may relate to a process (chemical, mechanical, etc.) or to a device or equipment, or an art, or electrical circuit or method of manufacture, or any useful invention made on the basis of a new principle or formula.

Applicant:

inventor's, owner's or assignee's.


Protection:

Subject to filing of application before the invention has been used or known in Nepal.


Examination:

As to novelty and utility.


Renewals:

The term of registration of a patent runs for a period of 7 years, renewable for a maximum of two further terms each of another 7 years.


Grace period:

Thirty-five days for a missing term. In addition, another six months grace is allowable with an applicable late fee.


Transfers/Assignments:

It devolves on the transferee or assignee of a patent right to apply for mutation of title of the Registered Patentee. The concerned authorities of the Government of Nepal; on their part, shall issue a 15 days’ notice for possible objection, and should no objection be forth-coming may transfer or assign the said patent.


Filling Requirements:
  1. A Power of Attorney duly signed, sealed and counter-signed by two witnesses from the applicant Company

  2. An Application form duly signed, sealed and counter-signed by two witnesses from the applicant Company

  3. Priority documents, priority is to be claimed in Home Country (i.e. certified copy of specification as originally filed); these documents must be filed in Nepal within one-year file form home country, along with duly authenticated translation in English Language by a Notary Public or other concerned authority. After patented their invention in home country it will automatically registered in Nepal after receiving the proof of patented in-home country.

  4. Five sets of specification and claims including the nature of invention in the English Language.

  5. Official Fees.


Recordal of Change of Name and Address:

Possible on the basis of a Home affidavit evidencing the change of Name or Address.

Filling Requirements:
  1. A Power of Attorney duly signed, sealed and signed by two witnesses from the applicant Company.

  2. An Application form duly signed, sealed and signed by two witnesses from the applicant Company

  3. Original Nepalese Registration Certificate.

  4. Proof of Recordal of Change of Name and Address of Home Country

  5. Official Fees


Assignment:

Possible on the basis of a Deed of Assignment.

Filling Requirements:

  1. A Power of Attorney duly signed, sealed and counter-signed by two witnesses from the both of applicant Company assignee and assigner also.

  2. An Application form duly signed, sealed and counter-signed by two witnesses from the both of applicant Company assignee and assigner also.

  3. Deed of Assignment or Recordal of Assignment or Home affidavit

  4. Original Nepalese Registration Certificate.

  5. Official fees


Disputes, Violations, Infringements:

To be settled through adjudication before the registering authority with an option to the aggrieved party to file an appeal before a competent court of law (Appellate Court).

TRADE MARKS AND SERVICE MARKS:


The mark is registrable if it registered in home country and other foreign countries.

Validity/Renewals:

A trademarks stands valid for 7 years period from the date of registration, after which it calls for renewal on the basis of a fresh power of attorney along with the original Nepalese Registration Certificate or the renewal endorsements to be stamped thereon.


Filling Requirements:
  1. A Power of Attorney duly signed, sealed and signed by two witnesses from the applicant Company

  2. An Application form duly signed, sealed and signed by two witnesses from the applicant Company.

  3. Original Nepalese Registration Certificate.

  4. Official fees


Classification:

International (8th Edition). Separate applications for different international classes, on the basis of registration in the home country or any other country is adopted in Nepal. Both Trademarks and Service marks are registerable, the former under International Classes 1 to 34 and latter under Classes 35 to 45.


Revocation:

The registration of trademarks even if already affected is liable to be revoked on certain grounds, the act states, however, that the HM/Nepal shall "prior to the revocation… provide to the owner of cause, if any against the proposed revocation of the registration."


Oppositions:

Applicable.

Compensation:

In the event of an infringement or a passing off resulting in the loss of the owner's goodwill or otherwise, authorities may "Compel any person (causing such a loss) to compensate." Also, the person or firm accused of infringement/passing off shall be liable to a departmental fine besides confiscation of the offending products, etc. In case the concerned owner of the trademark is not satisfied with any order issued by the Department, "it shall lie within the former's right to file an appeal before the Appellate court within 35 days of the issuance of such an order."


Assignments/Transfers:

Applications for transfers/assignments are to be accompanied by a Deed of Assignment, Power of Attorney, and the Original Nepalese Registration Certificate for recordal of change of Name/Address to be stamped thereon.


Filling Requirements:
  1. A Power of Attorney duly signed, sealed and counter-signed by two witnesses both of applicant Company assignee and assigner also.

  2. An Application form duly signed, sealed and counter-signed by two witnesses both of applicant Company assignee and assigner also

  3. Deed of Assignment or Recordal of Assignment or Home affidavit

  4. Original Nepalese Registration Certificate.

  5. Official fees


Searches:

A search is advisable is all cases, prior to filing of an application for registration.

Filling Requirements for New Trademark Application:

  1. A Power of Attorney duly signed, sealed and counter-signed by two witnesses from the applicant Company.

  2. An Application form duly signed, sealed and counter-signed by two witnesses from the applicant Company

  3. A true copy of the Home Registration Certificate of a Certificate of Registration in any other country duly attested by a Notary Public or other concerned authority.

  4. Minimum five prints of the word, device or label of the mark sought to be registered.

  5. A translation, either in Nepali or in English of the said Certificates, similarly attested or authenticated.

  6. Official fees

Note:

For the process of New Trademark Application in Nepal, New Trademark Search/filing and after filing the new trademark application in Nepal first, the trademark Registration Office of Nepal publishes the IP Bulletin for all-new trademarks for 90 days for opposition period. If no bodies file an opposition to the new trademark the mark will be register with in 8 to 10 months from the filing date & after registration of the trademark it is valid for seven years from the registration date, after seven years you have to renew for another seven years.

Examination:

Only formal examination is effected. Objections: notified through public media for the time period of three months. Disputes, Violations, Infringements: penal and civil action can be brought before the registering authority, whose adjudications are appealable before an appropriate court of law (the Appellate Court) within thirty-five days of the issuance of the Departmental verdict.


INDUSTRIAL DESIGNS:

The procedures and provisions in respect of the registration of Designs are almost similar to those in respect of Trademarks except that the official fees applicable.


Filling Requirements:
  1. A Power of Attorney duly signed, sealed and counter-signed by two witnesses from the applicant Company.

  2. An Application form duly signed, sealed and counter-signed by two witnesses from the applicant Company

  3. A true copy of the Home Registration Certificate of a Certificate of Registration in any other country duly attested by a Notary Public or other concerned authority.

  4. Minimum five sets of design with its description and photographs/drawings of the object taken from all sides. Photographs may be of post card size.

  5. A translation, either in Nepali or in English of the said Certificates, similarly attested or authenticated.

  6. Official fees


Renewals:

The term of registration of a design runs for a period of five years, renewable for maximum of two further terms each of another five years.


COPYRIGHT

Registration Requirements:
  1. Name, address, nationality, Date of birth and other information of an applicant.

  2. Nature of the Applicant's interest in the copyright of the work.

  3. Description of the work. In case of a published work

    • Name or title and page

    • Language

    • Date of publication of the work

    • Name and date of the country in which the work was first published

    • ISBN Number of publication, of available.


  4. In the case of a sound recording, performation or broadcasting Documents

    • Detail description of the creation

    • Applications

    • Document evidencing the ownership/copyright

    • A Power of Attorney executed by an authorized a representative of the Concerned individual or company

    • Four copies of the work


  5. Official fees


   
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