The Patent, Design, and Trademark Act of 2022 in Nepal establishes comprehensive legal frameworks aimed at safeguarding intellectual property through patents, trademarks, and designs. These regulations are designed to promote innovation, protect the rights of creators, and stimulate economic development. The following outlines the essential provisions for each category:
Patents
Definition and Eligibility: A patent is awarded for an invention that presents a novel solution to a technical issue. It must be original, demonstrate an inventive step, and be applicable in industry.
Registration Process: Inventors are required to file an application with the Department of Industry, including detailed specifications, claims, and any relevant diagrams. The application undergoes examination to assess its novelty, utility, and inventiveness.
Rights of Patent Holders: Upon approval, the patent holder is granted exclusive rights to utilize, manufacture, sell, or distribute the invention, thereby prohibiting unauthorized use by others.
Patent Term: The duration of protection is set at 7 years, with the possibility of extension for an additional 7 years, culminating in a maximum of 14 years.
Infringement and Legal Remedies: Patent holders are entitled to pursue legal action against any unauthorized use or infringement of their patented invention. Available remedies may include compensation for damages and injunctions.
Trademarks
Definition and Purpose: A trademark is a unique symbol, word, design, or mark that serves to identify and differentiate the goods or services of one entity from those of others. The primary function of trademarks is to safeguard brand identity.
Registration Process: To obtain trademark registration, applicants must submit their request to the Department of Industry, which will assess the application for its distinctiveness and ensure it does not create confusion with existing trademarks.
Rights of Trademark Holders: Upon successful registration, trademark holders are granted exclusive rights to utilize their trademark and can prohibit others from using marks that are identical or confusingly similar.
Trademark Term: The protection duration for a trademark is set at 10 years, with the option for indefinite renewal in successive 10-year increments.
Infringement and Legal Action: Trademark owners have the right to initiate legal proceedings against infringement, which includes counterfeiting or unauthorized usage, and may seek compensation for any damages incurred.
Designs
Definition and Eligibility: A design pertains to the visual characteristics of an article, encompassing its shape, configuration, or decorative elements that contribute to its distinctive appearance. It must be both new and original.
Registration Process: The design registration process involves submitting an application that accurately represents the design. This application is then evaluated for its originality and distinctiveness.
Rights of Design Holders: Holders of registered designs are afforded exclusive rights to utilize, sell, and license their designs. They possess the authority to prevent others from replicating or using similar designs without permission.
Design Term: The protection period for a design lasts for 5 years from the registration date, with the possibility of extending it for an additional 5 years, allowing for a maximum protection duration of 10 years.
Infringement and Legal Action: Owners of designs can pursue legal action against any unauthorized reproduction or imitation of their designs and may seek remedies such as damages and injunctions.
All questions with answer of Chapter LAWS RELATING TO INFORMATION – Click here