Industrial Design Registration Process in Nepal

April 18, 2024

 

Industrial design is the legal right granted for the protection of the original ornament and non-functional of an industrial article or product result from design activity. It mainly focuses on the protecting the visual features of an article, namely its design, shape, pattern or ornament.

This article intends to provide the basic information about the industrial design and its registration process in Nepal.

In simple sense, industrial design is a type of intellectual property right that tends to protect the visual design of the object. It also refers to ornamental aspect of an article. An industrial design includes creation of shape, configuration or composition of pattern or color on three dimensional containing an aesthetic value. Intangible goods that are not visible to eyes are not protected by industrial design. Industrial design are protected until it is registered in the concerned authority. Registration is the legal way to protect the product.

Here are some frequently asked question about the registration of industrial design.

Q.1) what is the legal ground for the protection of industrial design in Nepal?

An industrial design does not get legal protection until the industrial design is registered in competent authority of Nepal. Person desiring to register the design should submit the Registration application pursuant to section 13 of PDTA. 

Q.2) what is the competent authority for the registration of the industrial design in Nepal?

The competent authority for the registration of the industrial design in Nepal is Department of Industry ("DOI") under Ministry of Industry.

 Q.3) which law addresses the registration of industrial design in Nepal?

The patent, Design and Trade Mark Act, 2022 addresses the registration of industrial design in Nepal.

 Q.4) what are the international convention where Nepal is signatory for the protection of industrial design?

 International conventions where Nepal is signatory for the protection of industrial design are as follows;         

1) Paris convention for protection of industrial property, 1883

2) Agreement on Trade Related Aspects of intellectual property Rights, 1995

3) Convention Establishing World Intellectual Property Organization, (WIPO convention) 1979

Beside this, Hague Agreement concerning the international Registration of industrial design, 1925 also stipulates the procedure of Registration of industrial design, Nepal is not parties to this agreement. 

 Q.5) what is the procedure for the registration of industrial property in   Nepal?

The procedure for the registration of industrial design is stated below:

Step 1:  submission of the application to the department of Industries ("DOI") together with four copies of design and maps, and drawings.

Step 2:  After the submission of the application to the Department of Industry, Department will conduct examination whether the design harms the public conduct, morality or national interest or is it similar to the existed design.

Step 3:  After fulfilling all the criteria Department will publish the design registered for the information of the public.

Step 4: Registration of design if there is no any objection of third party. Anyone who has any objection particular design published by department may file a complaint within 35 days of such application.

 Q.6) what is the benefits of the registration of Industrial design?

Owner of the industrial design has the exclusive right over the product and has the right to prevent all the third parties using the product for making, selling or importing articles bearing or embodying a design which is a copy of the protected, when such product are taken for the commercial purpose design without consent of the owner.

Q.7) what are the documents that needs for the registration of industrial design?

These documents needs to be submitted before Department of Industry:

S.N	Documents	No. of Copies	Format Prescribed
1.	Application of Registration of Industrial Design	1	yes
2.	Label of industrial Design	4	N/A
3.	Receipt of submission of application fee	1	Yes
4.	Power of Attorney	1	No
5.	Details of the claim that reflect originality	1	No
6.	Name, address and occupation of designer	1	No

Q.8) is there any ground for the refusal of industrial design registration by the Department?

Sec 14(3) PDTA, 2022 has stated that if the Department sees any circumstances mentioned in the sub-section (1), it may refuse the registration. The grounds for the refusal are as follows;

1) If such design hurts the prestige of any individual or institution,

2) If such design adversely affect the public conduct or morality,

3) If the design affects the national interest,

4) In case the design has been already registered in the name of the other person.  

Q.9) Validity of registered Industrial Design?

Validity of industrial design is 5 years from the date of registration.       

Q.10) is there any punishment if any one copy or use the design in the name of other without transforming the ownership?

Department may punish with the fine of NPR 50,000 and the articles and goods connected with it shall be confiscate on the order of the Department.

Q.11) required fee for the registration of Industrial Design?

1	Application fee	NPR 1000
2	Registration fee	NPR 7000

 

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Please note that this guide is published for general information only and should not be considered as legal advice. You are requested to seek legal advice for specific factual situations. Please note that copyright for this Q&A vests on Sada Associates.