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- 1. Ekadev Adhikari, MoICS Advanced International Training Program on IP for LDCs Stockholm, Sweden 17th May- 4th June, 2021 (Virtual) 26 May, 2021 A Brief Country Report on Intellectual Property Rights in Nepal
- 2. 1. Background 2. Nepal's IP Framework A. Policy and Laws B. Key institutions C. IPAdministration (Management,Technology and Judiciary) 3. International Agreements and Nepal 4. Development Dimensions of IP in Nepal 5. Government Undertakings 6. Conclusion Contents
- 3. • Present IP system in Nepal • Policy, Laws, Treaties and conventions • Key institutions • IP Service delivery (management and Judiciary) • Issues, challenges and Reform Agenda • Government Undertakings • Conclusion Contents Nepal
- 4. Nepal in Brief Area- 1,47,516 SQ KM Population- 29.2 millions (2020) capital- Kathmandu. GDP- 37 USD Billion government- Federal Province- 7 local Bodies- 753 Language- Nepali (English widely spoken) 1.Background
- 5. 6/7/2021 4 Mt. EVEREST -8848
- 6. Nepal - Ranking INTERNATIONAL PROPERTY RIGHTS INDEX (2020): NEPAL Global Innovation Index: 95th of 130 3rd Nepal ranks 3rd among the 16 low-income group economies. 6th Nepal Ranks 6th among 10 economies in central and South Asia. Region: Asia and Oceania • Global Rank: 91st of 129 • Region Rank: 16 of 19
- 7. • Patent, design and trademark law came into force in 1936 • Copyright Act, 1965 • Adoption of Sui-generis Conservation System, 1988 • Convention on Biological Diversity (CBD), 1991. • Membership of the World Intellectual Property Organization (WIPO) 1997 • The Paris Convention, signed in 2001 • WTO membership 2004 Milestones 1936 1997 1991 1988 1965 2001 2004
- 8. 2. Nepal's IP Framework IP Policies I. Constitution of Nepal, 2015 • IPR as a fundamental right (Article 25) II. National Intellectual Property Policy, 2017 • protection, promotion and utilization of intellectual property. III. Industrial Policy, 2010 • Promotion of industrial intellectual property rights. IV. Commerce Policy, 2015 • Integrate Trade and intellectual property in regional and global markets. V. National Science and Innovation Policy, 2019 • Research, Innovation and Academia Right of the Union Special Provision IP is the -
- 9. Laws and bylaws • Copyright Act, 2002, • Copyright Rules, 2004 • No need to registration for protection • -Right till 50 years after from death. Other Laws • Foreign Investment and Technology Transfer Act, 2019 • Industrial Business Act, 2019 • Customs Act, 2006, • Consumer Protection Act, 2018 • Competition Promotion and Market Protection Act, 2007 • Patents, Designs and Trademarks act, 1965 (Fourth Amendment 2017) Source- Google
- 10. Patents, Designs and Trademarks act, 1965 Main Features of PDTA,1965 Aspects not Covered by PDTA Protection of Industrial Property is based on Registrations Specific provisions for Well-Known trademarks Priority Rights Method of Compensation Calculation in case of Infringement Foreign IPs are granted protection based on Registration (No Registration, No Protection) Multi-Class Filing Department of Industry(DOI) is the first and main authority governing Industrial Property Cross Class Protection Quasi-Judicial body (court of first instance for all IPs) Specific Provisions for Counterfeit Goods Registration of any IPs can be denied by the DOI on various grounds Opposition system (IP Bulletin), Renewal for various Ps
- 11. Key Institutions Other Agencies- Dept. of custom, Security agency, Dept. of Agriculture, Forest and livestock, Research centre, Private sector, Bar association, etc. • Policy and Laws formulation, promotion • WIPO Focal Ministry. • IP Administration (Registration, Renewal,, Promotion, prevent infringements • WIPO contact office. • Copy rights administration, Royalty, promotional activities Role and Functions A. Ministry of Industry, Commerce and Supplies B. Department of industry C. Nepal copyright Registrar's office
- 12. • Application filing - necessary docs and fees • Examination - preliminary and substantive • IP bulletin publication - 90 days opposition period • Registration - if no opposition filed • Publication - Registered Patents, Design, Trademarks • protection period-Patents- max. 21 yrs, designs- max.15 yrs, • Trademarks- Forever if renewal • special provision-Foreign Patents, Designs and Trademark can be register without examination IPAdministration (Registration Process) • Name Search • E- Filing • WIPO- IPAS
- 13. IPAdministration– Judicial • Before registration - opposition filing • Director General, DOI – the first court – cancel registration – Cease and desist letter - infringement and counterfeit goods • Penalty – from NRS. 50000 to half million and material Cease • High Court - appeal on DOI's decision 6/7/2021 12 • Alternative dispute settlement procedures, including mediation and arbitration involving IP disputes within the IP Office, private sector associations and other entities. • Protection against unfair competition
- 14. 3. International Agreements and Nepal International Framework Nepal Status WIPO (World Intellectual Property Organization), 1967 4th February 1997 Paris Convention for the Protection of Industrial Property, 1883 22nd June 2001 Trade Related Aspects of Intellectual Property Rights (TRIPS) 23rd April 2004 Berne Convention for the Protection of Literary and Artistic Works, 1886 11th January 2006 Madrid Agreement, (MA) 1891 and Madrid Protocol, 1989 Not a Party Patent Cooperation Treaty, 1978 Not a Party Hague Agreement, 1975 Not a Party Nice Agreement Not a Party
- 15. Conventions and Agreements • Madrid Agreement 1891 • Madrid Agreement, 1989 • The Lisbon Agreement, 1958 • Patent Cooperation Treaty, 1970 • Nice Agreement 1957 not became party but classified goods and services as per the NICE agreement, 1957 SIGNED • Paris Convention, 1883 • Berne Convention, 1886 • WIPO Convention, 1997 • TRIPs, 2004 NOT-SIGNED
- 16. 4. Development Dimensions of IP in Nepal Key issues • Integrated IP law, compliance and integrate with regional and intl. IP system • Integrated IP Authority, • Develop Repository/DL of TK,TCEs,BD,GRs • Integrate with universities, innovation and research centers • Mass Awareness raising and capacity building • Control IP theft, Infringements and counterfeits Policy and Legal Reform Institutional Reforms Research and and Innovation Capacity Building and and Awareness • establishment within the IP office of a Technology Information and Support Center (TISC)
- 18. Other Development Agenda of IP in Nepal • Transfer of Technology, • Access to Medicines, Genetic Resources and Traditional Knowledge Patents and Transfer of Technology • Patent Examination • Innovation • The Use and Abuse of IP Rights: Remedies • Genetic Resources and Benefit Sharing from their Utilization • Prevention of Bio-piracy and Misappropriation • Digital Library of Traditional Knowledge • Defensive Protection of GRs/TK • Sui Generis Protection of TK • Transition Periods and Use of TRIPs Flexibilities (LDC)
- 19. • New Draft of Integrated Intellectual Property Law is in legislative Process • Implementation of IPAS and Office Automation system • Incentives and Grants for Brand Making, IP Registration and Promotion of certain Products (Tea coffee Pashmina herbs of SMEs ) • Public Awareness Raising and collaboration with different stakeholders (Private sectors, Academia, Innovation and research center, Media) • Capacity Building • Coordination with Regional and global counterparts 5. Government Undertakings
- 20. Increase awareness (Trust Building in Knowledge Economy) 6. Conclusion • publications • Workshops, Training, interactions • Mass Media Mobilizations Audio visual ads. • Private sectors association mobilization • Development partners • Regional Partners- India, China • Universities academia and innovation centers collaboration with Trade and Industry sectors. • Community as a Mass and Target Group Institutional Development is the key factor How ? Partnership with Local to Global Capacity Building, Invest in human Capital Prioritizing Action Areas • private sector, students, university research centers and government agencies, on open access publications, open source software, and creative commons copyright licenses, with a focus on sectors of importance to Nepal.