DESIGN FILING IN NEPAL
The Design right is granted in Nepal as per the “Patent, Design and Trade Mark Act, 1965”.
Who can file design application in Nepal?
In accordance with the Chapter 3, Section 12 of the Act:
- Anybody may have a right on a design of any goods under the act, which is made or caused to be made by him, and has been registered in Department of Industry, Ministry of Industry, Government of Nepal.
- Owner ship of a design can be transfer.
- No body shall make any goods by using other’s design or in a way to manipulate the people in general and copying such design without written consent of the person in whose name design is registered.
What can be registered as Design in Nepal?
Under the “Patent, Design and Trade Mark Act”; 1965, design meansthe form or shape of any material manufactured in any manner.
What cannot be registered as Design in Nepal?
The design shall not be registered in Nepal if:
- it is deemed to make adverse effect in the dignity of any individual or institution or,
- It makes bad affect in the well being and morale of the people in general or in the national interest, or
- If such design has already been registered to the name of other person
- also whether the design to be registered is new and original.
|Relevant Office||Government of Nepal, Ministry of Industry, Department of Industry Tripureshwor, Kathmandu NEPAL|
|Law in Force||Patent, Design and Trade Mark Act, 1965|
|Document(s) required for filing design application||Name of designerDescription of designan application in a formals as specified in Schedule 1 (b), Four copies of such design and maps, and drawings and particulars thereof.A certified copy of the priority document (if any).|
|Prosecution Process||Filing of Design ApplicationExamination of Design ApplicationDecision of RegistrationRegistrationIssue of Registration certificate|
|Registration Term||5 years from the date of registration|
DESIGN PROSECUTION IN NEPAL
Design Registration Procedure in Nepal
The procedure for the registration of design is as follows:
Stage: 1- Design application filing in Nepal:
An application for the registration of a design can be filed in Nepal along with the prescribed fee at the Department of Industry.
Stage: 2- Design Examination in Nepal:
- In Nepal an examination of a design application is carried to check the whether there is an existence of a prior application or not.
- Department checks for whether the application is affecting the public conduct or morality or undermines the national interest, or if it is registered on the name of some other applicant.
Stage: 3- Registration of a design
- On receipt of the application filed by any person under Section 13, the Department shall register the design in the name of the applicant and issue a certificate.
- For obtaining the certificate mentioned in the applicant shall pay a design registration fee as prescribed in Schedule 3 (2) (b), to the department.
Stage: 4-Notification of Refusal, (if any)
- If, the application is found to be immoral and already registered on the name of other applicant, then the department issues a notification of refusal.
Appeal against decision of refusal:
If the applicant want to appeal against the decision of refusal, then it can be done in the appellate court within 35 days from the date of decision made.
Cancellation of a Registered Design
- In case the Department found that there exists any circumstance as mentioned in the provision of Sub-Section (1), it may cancel the registration of any design.
- Provided that the department shall, before cancelling the registration of such design, provide reasonable opportunity to the design-holder to show case if any, why the registration of his/her design should not be cancelled.
What is the term of design in Nepal?
The title of the person in whose name a design has been registered under Section 14 shall remain valid for a period of five years from the date of registration
What is the time period for renewing the registration of design in Nepal?
The design holder shall renew the registration of design within 35 days from the date of expiry under Section 23B of the act.
What is the penalty for violating the rights of registered design holder?
In accordance Section 15 of the Act, the person who violates the right of a design holder, may be punished:
- with a fine not exceeding Fifty thousand Rupees, and
- articles and goods connected with such offense shall be confiscated on the order of the Department, as per the gravity of offense
Patent, Design and Trade Mark Act, 1965
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