Understanding Law related to Designs in Nepal
What is a design in Nepal?
The Design right is granted in Nepal as per the “Patent, Design and Trade Mark Act, 1965”.
Who can be acquisited with the title to Design 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|
Patent, Design and Trade Mark Act, 1965
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