Law related to Patent and design in Nepal..MBA 1st sem class presentation..CG Institute of Management

1. MBA
1st semester
Class Presentation
By
Dinesh Regmi

2. Property
Movable
property
Immovable
Property
Intellectual
Property
Industrial
Property Rights
Patent
Design
Trade Mark
Geographical
Indication
Copyrights
Literary works
Performances
Musical works
Artistic works,
etc.

3. Patent, Design and Trademark
Act(PDTA) 2022
Purpose:
• To provide facilities to the public as per the
need of time
• To protect economic interest of the public
• To manage the timely legal provisions
regarding patent, design and trademark

4. Patent
Exclusive right that prevents the patentee from other in terms of;
(i) Making (ii) Using and (iii) Selling
new inventions (product and process) for certain period
• Should be new, involve an inventive steps and capable of
industrial application

5. Industrial Design
• The form or shape of any material manufactured in any
manner
• It is the ornamental or aesthetic aspect of a useful article
• Helps for positioning in a great way

6. Acquisition, Registration and Term of
Patent and Design
1. Acquisition of Patent rights and Design
– After registration, no one can copy or use or cause to use in the
name of other without transforming the ownership or written
permission
2. Application for acquiring right over patent and Design
a) for patent;
submit the application with specified fee along with following
documents to the department
– the name address and occupation of inventor
– If not real owner, mention how it is acquired title from real inventor
– Process of manufacturing, operation or using the patent
– Theory or formula if any, on which the patent is based
b) for Design;
Application with specified fee along with four copies of such design
and maps, and drawings and particulars thereof

7. 3. Investigation by Department
• On the advice of experts if so considered necessary
• To ascertain
– whether the patent investigations in the application is a
new invention or not, and
– Whether patent and design is useful to the general public
or not
4. Circumstances in which patents and Design cannot be
registered
for patent
– If patent is already registered in the name of any other person, or
– Not the real inventor and has not acquired rights over it from the
original inventor, or
– Effect the public health, conduct or morality or the national interest,
or
– Contradictory to the prevailing laws

8. For Design;
If such design hurts the prestige of any individual or
institution or
Adversely affects the public conduct or morality , or
undermines the national interest, or
Such design has already been registered in the name of
any other person
• Before cancelling the registration of patent and
design, department should provide reasonable
opportunity to the patentee and design-holder to
show the cause, if any, why the registration of this
patent should not be cancelled.

9. 5. Registration of Patent and Design
For both patent and design;
• If no reason to cancel the registration
• Applicant should pay the registration fees
For patent;
a) Registered patents to be published
by department in the Nepal Gazette for the information of public
6. Term of Patent and Design
for patent;
7 years from the date of registration and can be renewed up to 2
times (Total=21 years)
for design;
5 years from the date of registration and can be renewed up to 2
times (Total= 15 years)
7. Submission of Design or model of patent to government archives
a copy of the registered design or model of the article
manufactured

10. 8. Punishment to protect exclusive right of
patentee and design-holder
Fine not exceeding Rs.50,000, and articles and
goods connected with such offense shall be
confiscated on the order of the Department, as
per the gravity of offense.

11. References;
Kalika, S. N. (2014). Laws Relating to Intellectual Property Rights. In S. N. Kalika, Business (pp. 306-311).
kathmandu: Buddha Academic Publishers & Distributors Pvt.Ltd.
www.wipo.int. (2016, August 10). Retrieved from wipo: http://www.wipo.int/portal/en/

12. Thankyou