Industrial Design Registration in Nepal
26 July 2023
1. LEGAL FRAMEWORK
The Patent, Design, and Trademarks Act, 1965 (“PDTA”) governs the process for registration of industrial designs in Nepal. The Intellectual Property Section of the Department of Industry (“DoI”) under the Ministry of Industry, Commerce and Supplies, Government of Nepal administers the filing and registration of industrial designs in Nepal.
2. ACQUIRING TITLE TO DESIGNS
The term ‘Design’ has been defined in section 2b of the PDTA where design means the design means the “form or shape of any material manufactured in any manner”.
Any person who has manufactured or caused to be manufactured any design and has registered the design as per section 14 of the PDTA may acquire the title to the design (“Design-holder”). No person shall be deemed to have acquired the title if the design is copied, used or caused to be used in the name of the others without transferring the ownership or obtain written permission as per section 21d of the PDTA.
3. DESIGN REGISTRATION PROCEDURE
A. Filing of Application
Any person who is willing to register the design must submit an application as specified in Schedule 1(b) of the PDTA along with four copies of such design to the DoI. Along with the application and the copies, the application fee must be submitted to the DoI as per the provision in Schedule 3(2) (a). The following documents are required for the registration process:
- Application for Design Registration
- An article related to design that includes the following:
- Measurements of the design, four copies of the map.
- Details of claims that reflect originality.
- Designer’s name, address and occupation.
- Receipt of submission of application fee.
- If the representative has been nominated, the power of attorney.
B. Design Investigation
After the application has been filed, the DoI examines the following:
- Whether the design hurts the prestige of any individual or institution,
- Whether the design adversely affects public conduct or morality,
- Whether the design undermines the national interest,
- Whether the design is already registered in the name of another person.
C. Grant of Certificate
If, upon examination, none of these issues are found, the DoI shall register the design and issue a certificate in the name of the applicant as specified in Schedule 2(b). It is to be noted that to obtain the certificate, the applicant has to pay a design registration fee as prescribed in Schedule 3(2) (b).
D. Cancellation of Registration
The DoI has the discretion to cancel the registration if it is satisfied that any such circumstances mentioned in paragraph B above exist. However, before cancelling the registration, the DoI must provide reasonable opportunity to the Design-holder to explain why the registration should not be cancelled.
4. TERM OF THE DESIGN TITLE
The Design-holder has the title over the design for a period of five years from the date of the registration. However, it can be renewed within thirty-five (35) days from the date of expiry as per section 23B of the PDTA. The design may be renewed only for up to two-terms of five years each.
5. VALIDITY OF TITLE TO DESIGNS REGISTERED IN FOREIGN COUNTRIES
Designs registered in a foreign country shall not be valid and accorded legal protection unless it is registered in Nepal.
6. DOCUMENTS REQUIRED FOR RENEWAL
- Application for renewal.
- Full certificate of design registration.
- Receipt of submission of renewal fee.
- If the representative has been nominated, the authority.
- Proof of renewal of home registration in respect of foreign designs.
7. GOVERNMENT FEE
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