Center for Intellectual Property Nepal Center for Intellectual Property Nepal Center for Intellectual Property Nepal

FAQs

I. Know your Intellectual property in your firm/ company...                                                                                                                            

Intellectual property is the human endeavor that is cerebrally exercised by the people and for the people that have been regulated by the authority. It protects cerebral outcome of the human mind and grants prize to the brain-child. Intellectual property is all about the key of your success and the position that you and your firm/company could achieve today. Any one or more that of creative design of promotional material of your product or original artistic creation and design of your product or original artistic creation and design of your product, or original presentation or recordings of performances or live performances and so on is the vital key in development of your business directly or indirectly and knowingly or unknowingly. You cannot imagine your position in competitive market without one or more from the list.

a. Original artistic, musical literary or presentation and performances in the art and science add the original creations that satisfy the consumer of the day which may be the subject for copyright protection. Copyright, that is exclusive rights provided for original expression of creative thoughts, ideas and action and performances may be a major tool for promotion of your business and profession.

b. New and inventive methods and the product produced thereby are the other vital tools to promote your firm that makes you competitive in competition market to put new and consumer friendly product in the market which may be the subject of patent protection.

c. New and original feature of the shape of your product that is being lunched in competition market which attracts consumers’ attention and eye appeal to your product market which may be the subject for industrial design protection.

d. Distinctive brand that you use in your product to identify your product that is of yours and distinguish with other similar product lunched by your competitor in the competition market is another tool for promotion of your business. You may use any dictionary term or the term that you choose to use without having any dictionary meaning and descriptive meaning of your product or any sign, logo, colour combination or combination thereof for branding your product. You also may choose particular sign to assure about the quality in your product to the prospective consumer of your product or to create the image for your product to put into the competitive market. It is all about marketing on to your business and product and institutionalizing the goodwill attached therewith and that may be the subject of trademark protection.

e. Confidential information that has competitive feature and capacity used in your business is your vital tool for enhancement and success of your business. Unauthorized disclosure and use of such undisclosed and confidential information is worthy enough for many fields of business that could lead one's business to the end and failure, especially in the competitive market place. Law relating to trade secret requires business information to be capable of enhancing the business especially when one has to compete with one's own competitor in the competition market. One has to keep the information confidential and work continuously to make it confidential. Thus the information which is being used in your business, either in production business or in service providing business, may be the subject for protection under the law of unfair competition and trade secret protection.

II. Why do you need to know your Intellectual Property?

You need to know your intellectual property in your business for several reasons:

a. To protect your intellectual property: You need to know about your intellectual property to protect it so that others can be discouraged from stealing/ misappropriating your intellectual property.

b. To preserve your intellectual property: You need to know about your intellectual property to preserve it from being claimed by your competitor that you have misappropriated their intellectual property.

c. To create genuine intellectual property: You also need to know about your intellectual property to create new and genuine intellectual property additionally in your firm/company for developing your competitiveness better tomorrow than today.

d. To be competent in competitive product market: You need to know about your intellectual property to be competent enough to compete with competitive product market by applying appropriate intellectual property policy in your industrial and market activities.

III. How can your intellectual property be stolen/ misappropriated by your competitor?

Your intellectual property may be stolen/ misappropriated in several ways:

a. Your intellectual property in the form of copyright on your original creative literary, artistic, musical or other performances and presentation, advertisement etc. may be stolen/ misappropriated by copying as it is or making confusingly similar product, advertisement, taking the theme of your creative product without having independent creation by your competitor.

b. Intellectual property in the form of patent that is provided for your new inventive scientific method or the product may be stolen by using your method, reproducing, storing, selling, exporting or importing the product.

c. Intellectual property in the form of product design or industrial design may be stolen/misappropriated by your competitor by copying or using your product design and using confusingly similar product design in competing product.

d. Intellectual property in the form of trademark that is provided to your business goodwill and application of your distinctive sign on your product (goods/service) through registered trademark right grant exclusive use right of the trademark on the product respectively. Using and misappropriating identical and similar mark or the mark that is confusingly similar with your mark used and registered mark by third party or your competitor without getting your authorization makes your business damage in several ways including taking advantages of your goodwill in the business, making damage in your goodwill and business etc.

e. Unauthorized disclosure and use of your competitive undisclosed and confidential information that is vital tool for enhancement and success of your business is worthy enough for many fields of business that could lead your business to the end and failure, especially in the competitive market place. Disclosure of your trade secret by your employees, copartners and other business partners or job replacement or exchange made intentionally by your competitor in order to get your valuable trade secret through your important and informed employee or other business partner is one of the very important aspects of misappropriating your intellectual property.

IV. What is the potentiality of intellectual property in your firm to promote and protect your business in today’s competitive market place?

Your intellectual property in the form of copyright, patent design, trademark and trade secret has very potentiality to promote and secure your business in today’s competitive market.

a. Copyright Copyright protects your style of presentation of your product in market either using advertisement or business game plan, policies paper, confidential report and information etc. It makes your business style unique and gets attention from the prospective consumer. Fundamentally, copyright regime requires level of expenditure of labour and capital in the form of any piece of work that is consistent with the creative or/and genuine creativity/performances expressed originally, that is emanated from the author him/herself, in the form of tangible media which can be appreciated by the receiver or the group of definite people.

b. Patent Patent completely protects from using patented method or producing, storing, offering for selling, selling, importing and exporting the product made thereof that helps you to exclusively market your product yourself solely which helps you in the promotion and success in the competitive market. Patent law prescribes inventive or/and innovative scientific and technical information to be new that is not known previously, not used previously, and not published previously anywhere in the world and is acquired through formal and regular inventive processes (inventive steps) and result or invention should be capable of being utilized in the field of business and industry.

c. TrademarkTrademark protects your goodwill attached with your product and business. It also prohibits third person that is your competitor from using your mark or mark that could make your prospective consumer confused. It makes your business secured from misusing your goodwill or damaging the same. Trademark law requires a sign, in the form of any term, logo, device, combination of lines, picture, drawing, color etc. capable of graphical representation and applied in product. Application of the sign should distinguish the product from another without misleading the consumer it means mark should not likely to deceive or cause confusion. Registration of a trademark in relation to goods entitles the registrant to exclusive rights of use over the trademark and to initiate infringement actions. Infringement actions may not be initiated for unregistered trademarks.

d. Industrial Design Industrial design protects from misappropriating your product design misleading your prospective consumer that protects to make you competitive more in competition market. Industrial design law prescribes innovative design or shape to be new or original that is applied onto the product industrially and that application, being aesthetic in its feature, attracts the consumer’s eye.

e. Trade Secret Trade secret protects your valuable business information from being misappropriated by your competitor and warns your copartner and employees from unauthorized disclosure of your business secret you have kept undisclosed. Method of making and creating competitive product, giving competitive service to the competitive service market, marketing strategies, business methods, client information, business secrete documents and information, programming or performing secrete in your business etc. may be the important category of trade secret that you have owned. A kind of know-how that you have preferred to be the secret of your business success in your corporate management also may be the vital subject to be scrutinized under the intellectual property mechanism. Preserving and protecting these praiseworthy trade secrets is the secret of being on top and providing A-one service to the competitive product market.

V. Why does your intellectual property need to be protected?

Intellectual property is needed to be protected because

a. It provides incentives to invent; b. It provides incentives to innovation; c. Intellectual Property system has been termed as one of the cornerstones of modern economic policy and for what of a better metaphor, a catalyst for improvement of national trading capacities.

d. Intellectual property rights are key components of the infrastructure required for economic growth. They can be harnessed to foster socio-economic growth, develop national indigenous technological capacity, generate export opportunities, facilitate imports and attract foreign investment, particularly through joint venture.

e. Intellectual Property protection helps to guide and evolve programmers and activities in business and university research and has facilitates technological development.

f. Enforcement of intellectual property rights leads to shift in the costs lined with technology development from the public to the private sector of economy.

g. Intellectual Property signifies the advancing knowledge in the form of new ideas, techniques, processes and product having economic and commercial potential.

h. It provides award to the creator for bringing useful things to the society.

i. It provides monopoly to the creator because of accepting the risk and challenge in creation.

j. It plays the vital role in development of science and technology as well as socio economic and cultural development.

V. What is the mechanism to protect and preserve your intellectual property?

There are several mechanisms to protect intellectual property in Nepal. Some of them require formal procedure and others do not.

a. Formal procedure require

i. Industrial property that is patent, industrial design and trade mark are protected by the formal process of registration in front of respective authority as per the rule and regulation. Presently Patent Design and Trademark Act 2022[1965] is the prevailing Act for regulating patent design and trademark protection in Nepal.

ii. Patent is protected for 7 years providing monopoly right on one’s invention that can be renewable for two terms, 7 years for each.

iii. Industrial Design is protected for 5 years that is also renewable for two terms, 5 years each. iv. Trademark is protected for 7 years and can be renewed for indefinite term. Nobody will be permitted to use and deal with the protected patent design and trademark otherwise owner of the same grants permission through written license.

b. Formal procedure not required

i. Copyright protection for original creation is granted without any formal process of registration. It means protectable subject matter of copyright is protected from the date of creation itself irrespective of its publication. The term of protection will start from the date of making available to the public in general. It will be protected for lifetime period of the creator and 50 years after creator’s life. Presently Copyright Act 2059[2002] is the prevailing Act for regulating copyright protection in Nepal. Nobody will be permitted to deal with copyright work without permission or authorization from the owner or the way that the copyright law allows to deal with in some permitted condition.

ii. Trade secret protection for eligible genuine business information is available without any formal procedure. Genuine business information that is having capability and feature of making one’s business competitive can be preserved and protected from misappropriation by third party or person having confidentiality liability up to the term that one’s information becomes publicly available or independently developed or created by the original creator without referring to and misappropriating your confidential information. Contract law taking with reference to the TRIPs Agreement and unfair competition law in part protects the one’s trade secret.

news & events

2012-10-03
Release of book PATENT SPECIFICATION
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2012-10-02
Celebration of World Intellectual Property Day 2012 on April 26
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