Intellectual Property and Patent Law in Nepal

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1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. The word “intellectual property rights,” in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Patents, Layout-Designs (Topographies) of Integrated Circuits, and Protection of Undisclosed Information. Looking back to history, the importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) (hereinafter Paris Convention) and The Berne Convention for the Protection of Literary and Artistic Works (1886).Countries have two reasons to protect the intellectual property. One is to give statutory expression to the moral and economic rights of the creator in their creations and the rights of the public in access to those creations The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and the application of its results and to encourage fair trading which would contribute to economic and social development.[1] Nepal has made commitment to amend its Intellectual property related law after being member of WTO. However, we still have the old IP related law. There are many space for amendments and due to lack of knowledge about protection of invention through patent, people are not concerned about registering their patents. The paper attempts to synchronize the situation, legal provision and future need in this regard. 2.1. Conceptual Framework of Patent 2.2 Situation of Patents Registration in Nepal Nepal started registering patents from 1991. Since then only 70 patents are registered in Nepal.[2] Here is a comparative table of patent registered in Nepal since 1991 till 2013.[3]

Fiscal Year National Foreign Total
2048/49 (1991/1992) 14 19 33
2049/50 (1992/1993) 0 4 4
2050/51 (1993/1994) 0 0 0
2051/52 (1994/1995) 1 0 1
2052/53 (1995/1996) 1 1 2
2053/54 (1996/1997) 0 2 2
2054/55 (1997/1998) 0 2 2
2055/56 (1998/1999) 0 0 0
2056/57 (1999/2000) 0 0 0
2057/58 (2000/2001) 0 0 0
2058/59 (2001/2002) 1 2 3
2059/60 (2002/2003) 5 2 7
2060/61 (2003/2004) 2 2 4
2061/62 (2004/2005) 0 0 0
2062/63 (2005/2006) 0 1 1
2063/64 (2006/2007) 3 0 3
2064/65 (2007/2008) 1 0 1
2065/66 (2008/2009) 2 1 3
2066/67 (2009/2010) 1 0 1
2067/68 (2010/2011) 1 0 1
2068/69 (2011/2012) 1 0 1
2069/70 (2012/2013) 1 0 1
Total 34 36 70

Among those registries in Nepal,

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