This document discusses intellectual property rights laws and types of intellectual property. It covers laws relating to copyright, patents, designs, trademarks, and geographical indications. The key types of intellectual property discussed are industrial property such as patents, designs, trademarks, and geographical indications, as well as copyrights for literary, artistic, and musical works. The document also examines Nepal's intellectual property laws in relation to the TRIPS agreement and identifies areas where Nepal's laws do not provide adequate protection or flexibility allowed under TRIPS.

1. LAWS RELATING INTELLECTUAL
PROPERTY RIGHTS
• The property which comes out of the intellect of a person.
• creation of human mind.
• owner may use his property as he wish
• nobody is can unlawfully use his property without
authorization.
• IP law is that area of law which concern legal rights
associated with creative effort.
• law deters other form copying or taking unfair advantage
of the work reputation of any other and provides remedies

2. TYPES OF INTELLECTUAL PROPERTY
• Industrial property
i. Patent: Invention, method, formula, principle(article 23 trips, 20 yrs)
ii. Design: product design, functional and aesthetic feature, packing, getups
etc.
iii. Trademark: sign, picture or word, slogan, colour, drawing, shape, logotype
(Coca-Cola, Kodak, nokia)
iv. Geographical indication: place name to identify the product, which reflect
the speciality of product. (champagne, scotch, pokhara mansuli, apple of
jumla and mustang, leather of Pakistan)
• Copy rights:
i. Literary works
ii. Performances, artistic works,
iii. Musical works

3. Legal Regime of TT under TRIPS
• DEVELOPED COUNTRIES SHOULD TRANSFER
THEIR MODERN SOPHESTICATED TECHNOLOGY
TO LDC’S WHICH SHOULD NOT HARM THE ENV.
& PUBLIC HEALTH, WELFARE & SOCIO-CULTURAL
ASPECTS OF HUMAN BEING. (article 7 and 66.2
of TRIPS)

4. Nepal IPRS laws & TRIPS
• Period of protection of patent: Nepal IPRS 7yrs & Trips 20
yrs
• Periods of protection of design: Nepal IPRS 5yrs & trips
10yrs
• Coverage of exclusive rights: trips includes GI and trade
secrets 7 neglected by Nepal iprs.
• Patentability: not clearly mentioned in Nepal Iprs & clearly
mentioned in Trips article 27
• Enforcement: Iprs ineffective
• Flexibility:

5. What should be done for the effective
protection of IP in Nepal
• Written agreement with right owner.
• Promote the use of original goods.
• Register the IP
• Effective rules & regulations.
• Awareness program.
• Crater should authorize for reuse and agreement for royalty and
give it commercial value.
• Limitation in agreement.
• Effective implementation.
• Clear-cut time period in agreement