INTELLECTUAL PROPERTY

AND
INTELLECTUAL PROPERTY RIGHTS
PATENT
COPYRIGHT
 INTELLECTUAL PROPERTY(IP)
CREATIONS OF THE INTELLECT FOR WHICH A MONOPOLY IS ASSIGNED TO
DESIGNATED OWNERS BY LAW.
ARTISTIC WORKS (MUSIC AND LITERATURE)AS WELL AS DISCOVERIES, INVENTIONS,
WORDS, PHRASES, SYMBOLS, AND DESIGNS CAN ALL BE PROTECTED AS
INTELLECTUAL PROPERTY.
IT IS PROTECTED IN LAW BY WHICH ENABLE PEOPLE TO EARN RECOGNITION OR
FINANCIAL BENEFIT FROM WHAT THEY INVENT OR CREATE.
IP SYSTEM AIMS TO FOSTER AN ENVIRONMENT IN WHICH CREATIVITY AND
INNOVATION CAN FLOURISH.
 INTELLECTUAL PROPERTY RIGHTS

THE RIGHTS GIVEN TO PERSONS OVER THE CREATIONS OF THEIR MINDS.

THE CREATOR IS GIVEN AN EXCLUSIVE RIGHT OVER THE USE OF HIS/HER CREATION FOR A
CERTAIN PERIOD OF TIME.
INTELLECTUAL PROPERTY LAW HAS EVOLVED OVER CENTURIES, IT WAS NOT UNTIL THE 19TH
CENTURY THAT THE TERM INTELLECTUAL PROPERTY BEGAN TO BE USED, AND NOT UNTIL THE
LATE 20TH CENTURY THAT IT BECAME COMMONPLACE IN THE MAJORITY OF THE WORLD.
 TYPES OF INTELLECTUAL PROPERTY RIGHTS

PATENTS
COPYRIGHT
INDUSTRIAL DESIGN RIGHTS
PLANT VARIETIES
TRADEMARKS
TRADE DRESS
TRADE SECRETS
 PATENT

A PATENT IS AN EXCLUSIVE RIGHT GRANTED FOR AN INVENTION.

TO GET A PATENT, TECHNICAL INFORMATION ABOUT THE INVENTION MUST BE DISCLOSED TO THE PUBLIC IN A
PATENT APPLICATION.
THE PATENT OWNER MAY GIVE PERMISSION TO, OR LICENSE, OTHER PARTIES TO USE THE INVENTION ON
MUTUALLY AGREED TERMS.
ONCE A PATENT EXPIRES, THE PROTECTION ENDS, AND AN INVENTION ENTERS THE PUBLIC DOMAIN; THAT IS,
ANYONE CAN COMMERCIALLY EXPLOIT THE INVENTION WITHOUT INFRINGING THE PATENT.
THE OWNER MAY ALSO SELL THE RIGHT TO THE INVENTION TO SOMEONE ELSE, WHO WILL THEN BECOME THE
NEW OWNER OF THE PATENT.
STEPS TO APPLY
IN NEPAL
FOR PATENT
 RIGHT OVER THE PATENT

1. ANY PERSON, WILLING TO HAVE RIGHTS ON ANY PATENT, HAS TO REGISTER SUCH PATENT
UNDER THE PATENT DESIGN AND TRADEMARK ACT.
2. ANY PATENT REGISTERED IN THE NAME OF ANY PERSON SHALL NOT BE COPIED , USED OR
UTILIZED WITHOUT THE PATENTEE'S WRITTEN CONSENT .
3. OWNERSHIP OF A PATENT CAN BE TRANSFERRED IN ANY WAY TO ANY PERSON AS MOVABLE
PROPERTY.
4. IF ANY BODY DOES OR ATTEMPT TO DO SO OR ENCOURAGE TO DO ANY WORK AGAINST
THESE RIGHTS OF PATENTEE MAY BE PUNISHED WITH A FINE BY THE ORDER OF DEPARTMENT
AND ALL THE MATERIALS RELATED WITH SUCH OFFENCE SHALL BE CONFISCATED.
 APPLY FOR ACQUIRING PATENT RIGHT:
1. PERSON WILLING TO PATENT REGISTERED IN HIS OWN NAME SHALL
HAVE TO APPLY TO THE DEPARTMENT WITH FOLLOWING INFORMATION
INCLUDING ALL OTHER EVIDENCE
2. NAME, ADDRESS AND PROFESSION OF INVENTOR.
3. IN THE CASE OF THE INVENTION NOT INVENTED BY THE APPLICANT
HIMSELF, THE CONDITIONS ACQUIRING SUCH RIGHT FROM INVENTOR
BY THE APPLICANT,
4. METHOD OF OPERATION OR UTILIZATION OF SUCH INVENTION
5. PRINCIPLE OR FORMULA, IF SUCH PATENT IS BASED ON ANY PRINCIPLE
OR FORMULA
6. DRAWINGS AND SKETCH OF INVENTION (IF NECESSARY)
7. PRESCRIBED APPLICATION FEE AS MENTION IN SCHEDULE
 EXAMINATION OF PATENT APPLICATION

DEPARTMENT UPON SUBMISSION OF AN PATENT APPLICATION EXAMINE THE INVENTION

WHETHER IT IS NEW OR NOT, IT IS USEFUL TO THE PEOPLE IN GENERAL OR NOT
IF IT DEEMS NECESSARY, DEPARTMENT TAKES THE ADVICE OF EXPERTS OF RELATED FIELD
BASICALLY, DEPARTMENT FALLOW THE PRINCIPLE OF NOVELTY, INDUSTRIAL APPLICABILITY, AND
INVENTIVE STEP TO EXAMINE
 CERTIFICATES OF REGISTRATION AND
PUBLICATION OF REGISTERED PATENT
1. IF DEPARTMENT FOUND THE PATENT APPLICATION IS PATENTABLE AFTER EXAMINATION PROVIDE
CERTIFICATES TO THE APPLICANT
2. APPLICANT SHALL PAY A REGISTRATION FEE AS PRESCRIBED IN SCHEDULE.
3. DEPARTMENT SHALL PUBLISH ALL PATENTS, EXCEPT THOSE TO BE KEPT SECRET FOR NATIONAL
INTEREST IN JOURNAL
4. ANYBODY WILLING TO SEE OR TAKE A COPY OF THE STATEMENT, DRAWING OR SKETCH OF A
PATENT PUBLISHED IN JOURNAL MAY SEE OR TAKE A COPY OF SUCH PATENT DOCUMENT ON
PAYMENT OF A FEE AS PRESCRIBED.
 OPPOSITION

1. IF ANY BODY HAS ANY COMPLAIN UPON ANY PATENT HE MAY LODGE SUCH COMPLAINS
TO THE DEPARTMENT WITHIN THIRTY-FIVE DAYS FROM THE DATE ON WHICH THE PATENT IS
SEEN OR A COPY OF SUCH PATENT DOCUMENT IS TAKEN.
2. UPON RECEIPT OF THE COMPLAIN DEPARTMENT TAKE NECESSARY ACTION THROUGH AN
INVESTIGATION.
 TERM AND RENEWAL

1. PATENTEE SHALL HAVE HIS RIGHT ON THE PATENT FOR A PERIOD OF SEVEN YEARS FROM THE
DATE OF REGISTRATION.
2. THE PATENTEE SHALL RENEW THE PATENT WITHIN 35 DAYS FROM DATE OF EXPIRY HAVING
PAID THE FEE MENTION IN SCHEDULE.
3. RENEWAL OF A PATENT MAY BE MADE FOR TWO TIMES OF SEVEN YEARS.
 UN-PATENTABLE AND PATENTABLE INVENTION

UN-PATENTABLE INVENTION PATENTABLE INVENTION

1. IF IT HAS ALREADY BEEN REGISTERED IN THE NAME OF
OTHER
2. IF THE PATENT ASKED TO BE REGISTERED IS NOT
INVENTED BY THE APPLICANT HIMSELF AND HE HAS
NOT ACQUIRED THE RIGHT FROM THE INVENTOR
3. IF THE PATENT ASKED TO BE REGISTERED IS FOUND TO
CAUSE ADVERSE EFFECT IN HEALTH , CONDUCT OR
MORALE OR PEOPLE IN GENERAL OR IN THE
NATIONAL INTEREST
4. IF IT VIOLATES ANY PREVAILING LAWS OF NEPAL
1. INVENTIONS IN ANY FIELD OF
TECHNOLOGY, FROM AN EVERYDAY
KITCHEN UTENSIL TO A
NANOTECHNOLOGY CHIP.
2. . AN INVENTION CAN BE A PRODUCT
SUCH AS A CHEMICAL COMPOUND, OR
A PROCESS, FOR EXAMPLE OR A
PROCESS FOR PRODUCING A SPECIFIC
CHEMICAL COMPOUND.
 COPYRIGHT
COPYRIGHT IS A LEGAL TERM THAT DESCRIBES THE RIGHT GIVEN TO THE CREATORS OF A
BROAD RANGE OF LITERARY & ARTISTIC WORKS.
COPYRIGHT PROVIDES EXCLUSIVE RIGHTS TO THE CREATORS TO USE OR TO AUTHORIZE TO
USE THEIR WORKS.
THE COPYRIGHT LAW OF NEPAL GOVERNS COPYRIGHT, THE RIGHT TO CONTROL THE USE
AND DISTRIBUTION OF ARTISTIC AND CREATIVE WORKS IN NEPAL.
IT ENCOURAGES THE CREATION OF ART AND CULTURE BY REWARDING AUTHORS AND
ARTISTS WITH A SET OF EXCLUSIVE RIGHTS.
IT IS EMBODIED IN THE COPYRIGHT ACT, 2059 (2002), THE COPYRIGHT RULE, 2061
(2004) AND THEIR AMENDMENTS.
 THE WORKS COVERED BY COPYRIGHT
1. LITERARY WORKS;

NOVELS, STORIES AND POETICAL WORKS.

TEXT BOOKS, ARTICLES, ESSAYS AND BIOGRAPHIES.

ENCYCLOPEDIAS AND DICTIONARIES.

LETTERS, REPORTS AND MEMORANDUM.

TABLES AND COMPILATIONS.

THESIS AND PAMPHLETS.

2. ARTISTIC WORKS;

PAINTINGS, SCULPTURES, DRAWINGS, ENGRAVINGS & PHOTOGRAPHS.

WORK OF ARCHITECTURE, BEING EITHER BUILDINGS OR MODELS OF BUILDING,

3. MUSICAL WORKS,

4. DRAMATIC AND CHOREOGRAPHIC WORKS,

5. AUDIO VISUAL WORKS/ FILM AND MULTIMEDIA,

6. COMPUTER PROGRAM ETC.

 NON- PROTECTABLE SUBJECT MATTER

1. ANY THOUGHT
2. RELIGION
3. NEWS
4. METHOD OF OPERATION
5. CONCEPT
6. PRINCIPLE
7. FOLKSONG
8. FOLKTALE
 RIGHTS THAT COPYRIGHT PROVIDES

1. MORAL RIGHTS
COPYRIGHT LAW PROTECTS THE MORAL RIGHTS, WHICH INVOLVE THE RIGHT TO CLAIM
AUTHORSHIP OF A WORK AND THE RIGHT TO OPPOSE CHANGES TO IT THAT COULD HARM
THECREATORS' RIGHTS. IT WILL NOT BE TRANSFERRED IN ANY CONDITION.
1. RIGHT OF AUTHORSHIP.
2. RIGHT OF DISCLOSURE.
3. RIGHT TO MAKE NECESSARY AMENDMENT FOR IMPROVEMENT.
4. RIGHT CONCERNING THE WORKS INTEGRITY
 RIGHTS THAT COPYRIGHT PROVIDES
2. ECONOMIC RIGHTS

ECONOMIC RIGHTS ARE THE CREATORS' RIGHTS WHICH CAN BE TRANSFERRED THROUGH THE WRITTEN AGREEMENT
TO THE BUSINESS HOLDERS/USERS WITH CLEAR PROVISION REGARDING THE ROYALTY/REMUNERATION TO THE
CREATORS.

1. RIGHT OF REPRODUCTION.

2. RIGHT OF BROADCASTING.

3. RIGHT OF PUBLIC PERFORMANCE.

4. RIGHT OF ADAPTION.

5. RIGHT OF TRANSLATION.

6. RIGHT OF PUBLIC RECITATION.

7. RIGHT OF PUBLIC DISPLAY.

8. RIGHT OF DISTRIBUTION.
 REGISTRATION PROCEDURE
1. ANY OWNER OF THE WORK SHALL HAVE TO SUBMIT AN APPLICATION TO THE REGISTRAR IN
THE PRESCRIBED FORMAT WITH SPECIFIED HIS/HER EVIDENCE.
2. UPON RECEIPT OF APPLICATION, REGISTRAR SHALL EXAMINE IT AND SHALL ORDER THE
APPLICANT, IF REQUIRED, TO SUBMIT ADDITIONAL DOCUMENTS.
3. THE REGISTRAR SHALL THOROUGHLY EXAMINE WHETHER:
THE FIXATION OF MATERIAL/PERMANENT FORM OF WORK, IF THERE IS NO
FIXATION, NO COPYRIGHT. IN ORDER TO PROTECT THE WORK UNDER COPYRIGHT LAW, IDEA
SHOULD BE IN PHYSICAL FORM OR TANGIBLE FORM.
THE WORK IS ORIGINAL OR NOT, THE DEGREE OF ORIGINALITY REQUIRED FOR
COPYRIGHT PROTECTION IS MINIMAL, THE EMPHASIS IS MORE ON THE LABOUR, SKILL AND
JUDGMENT AND CAPITAL EXPENDED IN PRODUCING THE WORK. THUS ORIGINALITY DOESNT
MEAN FIRST, IT MEANS INDEPENDENTLY CREATED.
4. IF THE REGISTRAR IS SATISFIED ON THOSE GROUNDS, HE/SHE SHALL REGISTER SUCH A
WORKIN THE APPLICANTS NAME ON THE BASIS OF SUBMITTED DOCUMENTS.
 FILING REQUIREMENTS FOR COPYRIGHT
REGISTRATION IN NEPAL
1. APPLICATION FORM
2. POWER OF ATTORNEY, DULY SIGNED, SEALED AND COUNTERSIGNED BY TWO WITNESSES OF
THE APPLICANT/COMPANY.
3. A DOCUMENT WHICH APPROVAL OWNERSHIP OF SUCH WORK.
4. AN AGREEMENT (IF ANY)
5. DETAIL DESCRIPTION OF THE CREATION
6. FOUR COPIES OF THE WORK