Country Data
Official Name: | Federal Democratic Republic of Nepal |
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Capital: | Kathmandu |
Area: | 147,516 sq km |
Population: | 30,666,598 (2022 estimate) |
Official Language: |
Nepali |
GDP: | US$ 150.800 billion (PPP, 2023 estimate) |
Currency: | Nepalese Rupee (NPR) |
Work Days: | Monday – Friday |
Conventions/ Treaties
- WIPO Convention (February 4, 1997)
- Paris Convention (June 22, 2001)
- WTO/ TRIPS (April 23, 2004)
- Berne Convention (January 11, 2006)
- Marrakesh VIP Treaty (signed on June 28, 2013)
- Trademark
- Patent
- Industrial Design
- Copyright
National Legislation
- Patent, Design and Trademark Act, 1965 (2022)
Basic Information
Creation of rights: | First-to-file jurisdiction |
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Basis for filing: | Proposed to be used basis or prior use with sufficient documents |
Well-known marks: | Special protection is available |
Types of marks: | Trademarks, Service Marks, Collective Marks |
Priority: | 6-month priority. |
Madrid System: | NA |
Filing system: | Single class application |
Classification: | Nice Classification (9th edition) |
Who can be Applicant: | (1) Individuals; (2) Corporate entities; (3) Joint application |
Examination: |
On formal, absolute and relative grounds |
Publication: | In the Trademark Journal |
Opposition period: |
90 days from the date of publication in the Trademark Journal |
Duration of registration: |
7 years from the filing date – renewable for further periods of 7years each upon request of the trademark owner within 35 days preceding the expiry date |
Renewal grace period: | 6 months with surcharge |
Use requirement: | A trademark registration becomes vulnerable to cancellation if the mark is not used for a period of one year from the date of registration |
Registration timeframe (straightforward case): | 5 to 6 months (approximately) |
Search
Official Search: |
Available for word marks and device marks |
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Scope of search: |
Includes all applied-for and registered marks |
Turnaround time: | 3 to 5 working days |
Ways to obtain protection
- Filing of national application with or without priority claim under the Paris Convention.
Filing Requirements
New Applications
- Power of Attorney from the applicant, duly notarized.
- Trademark Registration Application form, signed/ sealed by the applicant – duly notarized.
- A copy of Home Country Registration Certificate or a certificate of registration issued in any other country, duly certified and notarized.
- A certified copy of priority document, if priority is claimed
Renewal of Registration
- Power of Attorney from the registrant, duly notarized.
- Proof of use of the mark.
- Original trademark registration certificate.
Change of Name / Address Recordation
- Power of Attorney in the new name/ address of the trademark owner, duly notarized.
- A copy of commercial register or extract showing the change of name or address, duly certified/ notarized
- Original trademark registration certificate.
Assignment Recordation
- Power of Attorney from the assignee, duly notarized.
- Deed of Assignment in English language, duly notarized
- Original trademark registration certificate.
Merger Recordation
- Power of Attorney for the surviving entity, duly notarized.
- A copy of commercial register or extract or affidavit evidencing the merger, duly certified/ notarized.
- Original trademark registration certificate.
License Recordation
- Power of attorney from the licensee, duly notarized.
- License agreement, duly certified/ notarized.
- Original trademark registration certificate
National Legislation
- Patent, Design and Trademark Act, 1965 (2022
Ways to obtain patent protection:
- National Filing Nepal with or without priority claim under the Paris Convention
Basic Information
Claims admissible for: | Process or any new and useful improvement |
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Novelty requirement: | Absolute novelty |
Convention priority: | Available (12 months) |
PCT national phase entry deadline: | Nepal has not acceded to PCT as yet |
Search: | NA |
Examination: | With respect to form, novelty, inventiveness, industrial applicability |
Publication: | A notice is published in the official Nepalese Gazette after the grant |
Opposition period: | 35 days from the date of seeing or copying the patent |
Protection term (patent): | 7 years from the filing date and renewable for a term of 7 years upon request of the trademark owner within 35 days preceding the expiry date twice. |
Annuity: | No annuity payable |
Renewal grace period: | 6 months with surcharge |
Patent grant timeframe (straightforward case): | 1 to 2 years (approximately) |
Ways to obtain patent protection
- Ordinary application
- Conventional application
Filing Requirements
- Power of Attorney from the applicant, duly notarized.
- A notarized copy of patent specification, claims, drawings (if any), and abstract in English
- A copy of Home Country Registration Certificate or a certificate of registration issued in any other country, duly certified and notarized.
- A certified copy of priority document, if priority is claimed
National Legislation
- Patent, Design and Trademark Act, 1965 (2022).
Ways to obtain protection for design:
- Ordinary Application
- Convention Application
Basic Information
Types of designs: | (1) Drawings; and (2) models. |
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Novelty: | Novelty and originality are a prerequisite for the designs |
Multiple figures: | There is no such provision in the law |
Convention priority: | 6-month priority may be claimed. |
Locarno Classification: | Not applied. |
Examination: | Formal and substantive examination |
Publication: | Post-registration publication notification |
Opposition: | Any one can oppose within 35 days from the date of publication |
Protection term: | Protection is granted initially for 5-years term starting from the date of filing |
Renewal: | Renewal is possible within 35 days from the expiry date of protection for a further two consecutive terms of 5 years |
Renewal grace period: | 6 months with surcharge |
Registration timeframe (straightforward case): | 12 to 16 months (approximately) |
Filing Requirements
- Power of Attorney from the applicant, duly notarized.
- Description, drawings and sketch of design and four copies of its models.
- Title and various views of the article (front, back, top, bottom, side).
- A certified copy of priority document, if priority is claimed
National Legislation
- The Copyright Act, 2059 (2002)
Basic Information
Works protected: The copyright protection under the Jordanian Copyright Law specifically covers: book, pamphlet, article, thesis; drama, dramatic-music, dumb show and a work prepared to perform in such manner; musical notation with or without words; audio visual works; architectural design; fine arts, painting, work of sculpture, work of woodcarving; lithography, and other work relating to architecture; photographic work; work of applied art; Illustration, map, plan, three-dimensional work relating to geography, and scientific article and work; computer program. Besides, any translation, arrangement, sequential arrangement of work or collection of works presented as original from viewpoint of presentation, collection or expression, data or database readable with or without support of machine, any proverb, folktale, folk song falling under folk expression or any other derivate works based on folk expression shall be protected as original work, without prejudice to the copyright of the original work.
Exceptions to copyright protection: The following are specifically excluded from copyright protection: Protection shall not be extended to any thought, religion, news, method of operation, concept, principle, court judgment, administrative decision, folksong, folktale, proverb and general data despite the fact that such matters are expressed or explained or interpreted or included in any work.
Duration of copyright: Life time of the author and 50 years after his death. In case of applied arts and photographic works, the protection is for 25 years from the making of the work
Registration timeframe: It takes about 5 to 35 days to obtain registration
Filing Requirements
- Power of Attorney from the applicant, duly notarized.
- A copy of copyright registration certificate, if registered in a foreign country.
- A detailed description of the work.
- A document proving ownership of the work.
- Four copies of the work.