The document provides an overview of intellectual property rights (IPR) in Nepal. It discusses how Nepal's IPR regime has historically been limited, with activities mainly focused on trademarks, designs, patents, and copyrights. Statistics show few patent and design applications annually and around 4,000 valid trademarks. Loopholes in laws have encouraged infringements on well-known foreign brands. While government policies aim to strengthen IPR, Nepal still needs to reform laws to be fully compliant with international treaties and develop specialized IPR offices.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
Existing Sri Lankan Legal Framework on Cyber CrimesVishni Ganepola
What are the offences that are considered to be cyber-offences under the Sri Lankan law?
What would be the consequences, if a person commits such cyber-crime in Sri Lanka? In order
to find the answers for the above questions, one need to analyse the provisions of the Sri
Lankan legislative enactments which provides for the identification and prevention of cyber
crimes and the provisions which provide the investigation procedure to be adapted in tracing
the criminals. The law governing the cyber-crimes is mainly found in the Computer Crimes Act
No.24 of 2007 (CCA) while few other legislative enactments such A provide for the
identification of various other offences. With regard to admissibility of computer evidence,
Evidence (Special Provision) Ordinance and Electronic Transaction Act No.19 of 2006 (ETA)
provide the requirements that need to be established before the courts in order for the
evidence to be accepted as relevant.
Cyber
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
EFFECTIVENESS OF THE EXISTING LEGAL FRAMEWORK GOVERNING CYBER-CRIMES IN SRI L...Vishni Ganepola
In compliance with the Budapest Convention, the CCA has recognised almost all the cyber-crime offences that are provided in the convention. Mere fact that the legal system recognises certain cyber-offences or that it provides a special mechanism to conduct investigations does not render the legislative framework effective. For the legislative framework to be considered effective, it should be capable of achieving the objective for which it was established. Accordingly, the effectiveness of the contemporary legislative framework shall be assessed based on its success in identifying and preventing cyber-crimes, conducting investigations, enforcing the enacted laws and in protecting human rights and liberties which are the objectives behind the enforcement of the cyber-crime legislative framework.
Covers the basic concepts of copyright law and trademark law with an emphasis on the ways in which they have been adapted to and applied in cyberspace. Also coveres some important considerations in selecting and registering domain names, as well as some basic approaches to fighting predatory and unfair domain name registration by competitors.
Existing Sri Lankan Legal Framework on Cyber CrimesVishni Ganepola
What are the offences that are considered to be cyber-offences under the Sri Lankan law?
What would be the consequences, if a person commits such cyber-crime in Sri Lanka? In order
to find the answers for the above questions, one need to analyse the provisions of the Sri
Lankan legislative enactments which provides for the identification and prevention of cyber
crimes and the provisions which provide the investigation procedure to be adapted in tracing
the criminals. The law governing the cyber-crimes is mainly found in the Computer Crimes Act
No.24 of 2007 (CCA) while few other legislative enactments such A provide for the
identification of various other offences. With regard to admissibility of computer evidence,
Evidence (Special Provision) Ordinance and Electronic Transaction Act No.19 of 2006 (ETA)
provide the requirements that need to be established before the courts in order for the
evidence to be accepted as relevant.
Cyber
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
EFFECTIVENESS OF THE EXISTING LEGAL FRAMEWORK GOVERNING CYBER-CRIMES IN SRI L...Vishni Ganepola
In compliance with the Budapest Convention, the CCA has recognised almost all the cyber-crime offences that are provided in the convention. Mere fact that the legal system recognises certain cyber-offences or that it provides a special mechanism to conduct investigations does not render the legislative framework effective. For the legislative framework to be considered effective, it should be capable of achieving the objective for which it was established. Accordingly, the effectiveness of the contemporary legislative framework shall be assessed based on its success in identifying and preventing cyber-crimes, conducting investigations, enforcing the enacted laws and in protecting human rights and liberties which are the objectives behind the enforcement of the cyber-crime legislative framework.
Covers the basic concepts of copyright law and trademark law with an emphasis on the ways in which they have been adapted to and applied in cyberspace. Also coveres some important considerations in selecting and registering domain names, as well as some basic approaches to fighting predatory and unfair domain name registration by competitors.
DEVELOPMENT INTELLECTUAL PROPERTY LAW IN INDIA
Intellectual Property Rights are patents, copyrights, trademarks, geographical indicators, protection of undisclosed information, layout designs of integrated circuits, industrial designs and traditional knowledge that are recognized by the Trade Related Intellectual Property Rights agreement (TRIPS) and governed by the WTO (World Trading Organization).
Intellectual property rights are the rights given to persons over the creations of their minds and give the creator an exclusive right over the use of his/her creation for a certain period of time.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
Intellectual Property Rights in India, What are Intellectual Property Rights?, International Considerations, Treaties and Reciprocal Agreements, Intellectual Property Rights – Systems in India, Registering and Enforcing Intellectual Property Rights in India, Enforcing IP Rights in India, Self-help Considerations, Potential Problems Faced in India and How to Deal with them, Avoiding Problems, Who should take responsibility for your IP protection?, Where to get Intellectual Property help in India.
Introduction To Intellectual Property: Role of IP in the Economic and Cultural Development of the Society,
IP Governance, IP as a Global Indicator of Innovation, Origin of IP History of IP in India. Major Amendments in
IP Laws and Acts in India.
Patents: Conditions for Obtaining a Patent Protection, To Patent or Not to Patent an Invention. Rights
Associated with Patents. Enforcement of Patent Rights. Inventions Eligible for Patenting. Non-Patentable
Matters. Patent Infringements. Avoid Public Disclosure of an Invention before Patenting. Process of Patenting.
Prior Art Search. Choice of Application to be Filed. Patent Application Forms. Jurisdiction of Filing Patent
Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent. Validity of Patent Protection.
Post-grant Opposition. Commercialization of a Patent. Need for a Patent Attorney/Agent. Can a Worldwide
Patent be Obtained. Do I Need First to File a Patent in India. Patent Related Forms. Fee Structure. Types of
Patent Applications. Commonly Used Terms in Patenting. National Bodies Dealing with Patent Affairs. Utility
Models.
Process of Patenting. Prior Art Search. Choice of Application to be Filed. Patent Application Forms.
Jurisdiction of Filing Patent Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent.
Validity of Patent Protection. Post-grant Opposition. Commercialization of a Patent. Need for a Patent
Attorney/Agent. Can a Worldwide Patent be Obtained. Do I Need First to File a Patent in India. Patent Related
Forms. Fee Structure. Types of Patent Applications. Commonly Used Terms in Patenting. National Bodies
Dealing with Patent Affairs. Utility Models.
Event and event management
Types of Events
Needs of Event Management
What Event Management involves?
What skills does an event manager need?
Some Insights from real life entrepreneur of event management
Reason for Success and Failure
Trade Cycle of Nokia
Comeback of Nokia
SWOT Analysis
Marketing Mix
Porter's Five Force Model
Comeback Strategies
Recommendations
Overview on Human Resource Management (HRM)
HRM in Commercial Banks
Comparative Study Of HRM with Reference to Citizen Bank and Nabil Bank
Human Resource Planning
Recruitment
Selection
Socialization
Training & Development
Performance Appraisal
Compensation Management
Business communication
Cultural competency
How is it learned and developed?
Hurdles of developing cultural competency
Needs and benefits of cultural competency
Overcoming Ethnocentrism and Stereotype
Industrial Policy, 2049 was formulated with the objective of promoting industrial sector.
Long-term Goal of the policy
Silent Features
Major Problems and Challenges
Impunity
Labor Act, 2017 (2074) : ( previously 1992)
Termination of Employment
Disciplinary Actions for Various Misconducts
Some cases/impact of Impunity in Nepalese Industry
Concept of Economic Environment
Agricultural Sector
Status of agriculture sector in Nepalese economy
Features of Nepalese Agriculture
Issues of Agriculture Development in Nepal
The Economic Survey, 2016/17
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3. Intellectu
al
Property
Therefore, IPR refers to the legal rights owned by institutions or individuals over
the ownership and use of the IPs.
The World Intellectual Property Organization (WIPO) –
Traditionally,
“creations of human intellect, such as inventions, literary &
artistic works, designs, symbols, names & images used in
commerce.”
In recent times,
database, trade secrets , indigenous knowledge & geographical indications
along with publicity rights, rights against unfair competition & moral rights
have also found place in the list of IPs.
patents, designs, trademarks & copyrights have been
considered major IPs.
4. 01
Plays vital role for economies to
thrive in today’s competitive
world.
02 To attract investments &
secure national interests.
03
For businesses: a valuable
intangible assets necessary
for their growth &
sustainability.
Beside adding revenue to the government: creates
environment where they can invest to expand their
business & engage in fostering innovations which in
turn generate employment.
Importanc
e
6. Enacted Nepal Patent, Design & Trade Mark Act, 1993 BS.
History of IPR regime: traced back to the period of Rana Prime Minister
Juddha Sumsher some 80 years ago.
Four factors that drive the engine of IP: creation, promotion,
protection & use of IP.
(Nepal lacks in remaining three)- Madhu Soodhan Poudyal,
General Secretary of the IPPSON.
At present IPR activities in Nepal are limited only to the areas of
trademark, design, patent and copyright.
Presently, Patent , Design and Trade Mark Act, 2022 BS &
Copyright Act, 2059 BS exists.
01
Background
7. Annual application rate of patent & design ranges from 0 to 4.
Some 4,000 maintained & valid trademarks.
Copyright activities in musical and cinematographic works appear
satisfactory.
No activities seen in other forms of IP including geographical
indications, trade secrets, integrated circuit design & new plant
varieties
02
Current
Statistics
8. The absence of specialized IP offices, service institutions and
training centers.
Lack of other activities seen in other forms of IP is due to the
absence of legal frameworks to govern these IP aspects.
03 Reasons
9. Violation of trademarks happens generally in the form of unauthorized
registration and the copying of trademarks of internationally recognized brands,
& also called well known marks, by individuals & organizations.
Reasons for
Infringements
to take advantage of the market value of international
trademarks.
Financial benefit- bargain for the ownership of the
brands in Nepal & demand large amount of
money to return the ownership.
Insecure trade & service
marks
10. Encouragement for
Infringements
01
Patent, Design & Trademark Act, 2022
BS, the rights & the ownership of foreign
brands are only established after the
trademarks are registered in Nepal.
Loopholes
Lack of
Parameters02 Six parameters of WIPO:
i. Determining the 1st user or adopter of
the well known mark
ii. The duration, extent & geographical
area in terms of any use of the mark
iii. Registration & recognition along with
its promotion &advertising
iv. The duration &geographical area of
any registrations
v. The record of successful enforcement
of rights in the mark
vi. Brand value
According to WIPO- well known marks are usually
protected, irrespective of whether they are
registered or not, in respect of goods & services
which are identical with, or similar to, those for
which they have gained their reputation.
Caused ambiguity in terms of registration &
ownership of trademarks.
Court can impose a fine of up to Rs.
100,000 on trademark infringement.
Patent infringements- cannot exceed
Rs. 500,000.
Low Fine
Amount
03
12. 01 Kansai Nerolac Paint V. Nepali
Business Groupo Had to wage legal battle against a local
firm.
o Nerolac Paint entered Nepal in 2012 in a
joint venture partnership with a Nepal
company Shalimar Paints.
o Was denied trademark registration as a
firm named ‘Kansai Nerolac Paints Pvt.
Ltd.’ was already registered here.
o Eventually, Japanese-Indian was bound to
shed its individuality and operate in the
name of KNP in Nepal.
02
03
05
04
06
07
08
13. 01 Swastik Fragrance V. Rajnigandha
o 14 years ago, Nepali Co. Swastik Fragrance,
registered the trademark of Rajnigandha, a
fmous Indian panmasala brand produced by
Dharmpal Satyapal Limited.
o Then, Rajnigandha fought a legal battle
against Swastik.
o 8 years later, Patan Appellate Court issued a
verdict in favour of Swastik Fragrance.
02
03
05
04
06
07
08
14. 01 Centerfruit, Center fresh V. Center
fillz
o Centerfruit & Center Fresh chewing gums:
manufactured by Italian-based co. in India.
o Center Fillz is a knock off of these two
products & made in Nepal.
o After 3 days of hard try the Indian co. was able
to register its case.
02
03
05
04
06
07
08
15. 01 Goldstar
o Goldstar too found itself in a legal fight over
infringements of its trademark.
o And, the violators were sentenced with tough
punishments for their involvement in illegal
activities.
02
03
05
04
06
07
08
16. 01 Magic Footwear
o Published notices in newspapers warning
some manufacturers to immediately stop
copying its trademark & designs of products
or to face legal actions.
02
03
05
04
06
07
08
17. 01 Pepsico India
o Had accused a Nepali producer of infringing
its snacks brand name.
02
03
05
04
06
07
08
18. 01 Reliance
o Refused to invest in Nepal after it discovered
that its trademark is owned by someone else.
02
03
05
04
06
07
08
19. 01 Himalayan Distillery Ltd.
o Complained that the company’s brand such as
Royal treasure, Blue Diamond, Golden Oak &
Virgin were copied in terms of not only their
appearances (color & design) but also in taste.
o 40 brands in the market had the names
resembling to its product’s name.
02
03
05
04
06
07
08
20. Has been providing exclusive right to the
authors & the creators of artistic & literray
creations.
Copyright on the Brighter
SideCopyright Act, 2059 BS & Copyright Rule,
2061BS
As per the current provision, registration is
not compulsory for copyrights & in case of
violation, the right holder is simply required
to put the date of creation of his /her works
For violation there is imprisonment and
fines.
21. Member of
WIPO in 1997
Signatory to the Paris
Convention for the
Protection of Industrial
Property in 2001
Signed TRIPS
after the
membership of
WTO in 2004
Berne Convention for
the Protection of Literary
& Artistic Works in 2006.
Membership of
Nepal
Inability to Reform Law
Not been able to reform or
update the existing IPR laws in line
with the landmarks global deals.
Continuously extending the
deadlines to update. For eg. The
deadline for implementing the
convention for Nepal has been
extended thrice (2006-2015-2021).
Yet to become a signatory to other
International agreements related
to IPR. Eg., the country hasn’t
signed the WIPO’s Copyright
Treaty and Performances &
Phonograms Treaty.
22. Government’s Actions for
ImprovementEndorsement of the National Intellectual
Property Policy, 2073 B.S.
01
This policy aims to develop new legal
framework or revise the existing ones for
copyright, patent, industrial design,
trademark, geographical indication, plant
species, etc.
02
Increase awareness about IP & its
importance for the economic, social, cultural
progress of society.03 Encourage commercialization of all forms of
IP.
04
Develop a separate institutional mechanism
namely National Intellectual Property Council
to enforce effective execution of policies set
out in the National Intellectual Property
Policy, 2073 BS.
05
Develop a separate & integrated IP office
under DoI to look after the IPR.
06
Drafting of the umbrella IPR law is also
moving ahead.
07
24. Main Highlights of Existing IP Laws
& PoliciesNational Intellectual
Property Policy, 2073 BS
o Develop a separate &
integrated IP Office under
DoI to look after the
promotion, Protection &
recording of IPR.
The policy seeks to:
o Develop new legal framework or revise the
existing ones for copyright, patent, industrial
design, trademark, geographical indication, plant
species etc.
o Use existing traditional knowledge, biodiversity &
geographical indication as a tool for national
development.
o Use IP as a source of environment-friendly
technology transfer, foreign investment, research
promotion &development of technical capacity
& knowledge.
o Increase awareness about IP
& its importance for the
economic, social, & cultural
progress of the society.
o Encourage
commercialization of all
forms of IP.
o Develop strong laws &
institutional & human
resources to enforce
protection of IPR.
o Develop a separate
institutional mechanism
namely National Intellectual
Property Council to enforce
effective execution of policies
set out in the National
Intellectual Property Policy,
2073 BS.
25. Patent, Design &Trademark
Act, 2022
The Department of the Industry, register the trademark
in the name of the applicant based on the necessary
examination of a trademark application.
The refusal of trademark application are based on
following:
o If the applied trademark hurts the prestige of any
individual or institution.
o Affects the reputation of the trademark of any
other person.
o Is already registered in the name of another
person.
o The registered trademark remains valid for 7 years &
can be renewed every 7 years for any no. of times.
Copyright Act,
2022
Related to the work of book, pamphlet, article, thesis,
drama, dramatic-music, musical notation with or
without words, audio visual works, architectural design,
fine arts, painting, work of sculpture etc.
Registration of a work, sound recording, performance
or broadcasting is not mandatory to acquire the right.
Enables reproduction of work by library & archives &
for personal use, citation, appropriate with referencing
& teaching & learning purpose & for the information
to the general public.
26. Paris Convention for the
Protection of Industrial
Property
o Each member state must grant similar protection to
nationals of other member countries that it grants to
its own nationals.
o Article 6bis seeks its member countries to refuse
or cancel the trademark registration, and to
prohibit the use of a trademark which constitutes a
reproduction, an imitation or a translation, liable
to create confusion, of a mark considered by the
competent authority of the country of registration.
o Allows at least 5 years timeframe to request the
cancellation of such a mark from the date of
registration.
InternationalTreaties & Conventions
Trade–RelatedAspects of
Intellectual Property rights (TRIPS)
o Jan 1995, multilateral agreement between WTO countries.
o Objective: to provide strong & comprehensive protection fo
various forms of IP throughout the world by laying down
certain minimum standards.
o The agreement requires compliance of the most recent
amended version of WIPO, Paris Convention for the
Protection of Industrial Property & the Berne Convention for
the Protection of Literary & Artistic Works.
o Disputes are subject to the WTO’s dispute settlement
procedure.
27. Berne Convention for Literary &
ArtisticWorks
o Governs copyright law: protecting works & rights of
authors, musicians, poets, photographers, painters,
etc.
o The convention provides them authority to have
control over the reproduction or any other form of
use of their works.