Partnership Act, 1964

·         If two or more person want to establish a firm to initiate business, partnership firm can be registered.

·         A agreement among the Partners mentioning the each and every things (also called partnership deed) is required to registered the firm. The partnership deed has mentioned following things: Equity ratio, profit sharing ratio, entrants of new partner and exit of the existing partner, settlement the disputes, dissolution of firm, etc.

·         Firm can be registered under Department of Commerce (in Kathmandu valley) and  Office of the Cottage and Small Industries ( in outside the valley ) with the recommendation letter of Chambers of Commerce.

·         Any time the firm can be dissolve as per the partners’ agreement.

·         Tax law is applicable and the firm should be renewed each five years where the firm has been registered.

·         It is easy to establish and dissolve comparing to the establishing of the company under company act.

Mines and Minerals Act, 1985 (2042)

Amended in 2051

Objective of the act is to promote the existing mine and minerals

Mineral products means the an inorganic product excluding gas and petroleum exist Mineral products over or under the earth and made of physical or chemicals combination.

 All mineral products found inside the Nepal are the property of Government of Nepal.

These are classified in two category – Metal and Non Metal

Three Categories : Most Valuable, Valuable and not valuable

Right to extraction of mineral product is with government. Permission can be given to the private company as per their qualification and previous experience.

License shall be issued for a year and can be renewed. Government can cancel the license if found the licensee doesn't work as per the law.

Responsibility and Rights of License holder:

·         To provide report to the concern authority regularly

·         To be aware on protection of environment 

·         To keep communication set and weapons as per requirements

·         To enjoy the government facilities as per the laws

·         To pay the local taxes and other taxes

·         To encroach the private land for time being

·         To bring and use of explosive

Private Firm Registration Act, 1958 (2014)

·         To operate the business by a single promoter, one should apply to Department of Commerce to registered the private firm.

·         The license is issued for five years and should be renewed after that period.

·         Recommendation letter is required from the Chambers of Commerce or District branch of FNCCI to register the Private Firm.

·         Trading business are registered under this act.

·         It is easy to register the Private Firm in DOC since there is no need of AOA or MOA as compare to single promoter private company to be register in CRO.

Patent Design and Trade Mark Act 1965 (PDTMA)

First Act 1936 (1993 BS)

Amendment in 1987

Objective : To Provides special rights to patentee, design holder or trademark holder Department of Industry is sole authority to register, monitor and regulate the Patent and Industrial design, Intellectual Property, trade mark, copy rights.

To  to protect the person's or orgnisation's property and stop from theft, copy or imitation by illegal means.

Trade mark

·         It is a symbol, sign, picture, word or the combination of all of that which makes differ and significant from others product, services and goods.

·         If not use until a year after registration by the organization, it may be cancelled.

Patent

·         It is new invention of product or service or formula or structure, method or theory that is useful for human life.

·         It should be registered by a person or entity in Department of Industry with details of all documents to be prove that the patent is belongs to him.

·         It can be registered after due investigation and prove that it is new one and not registered yet by another person or entity.

·         It is registered for 7 years and can be renewed.

Design

·         One can register his unique design for five years and can be renewed for the same time again.

·         No one can use the Foreign  patent, design and trademark without register in Nepal

·         It can  be used by jointly if owner of the TM, P and D is agreed.

·         No allow to register TM, P and D of Nepalese product or services in foreign countries without registering in Nepal.

·         Already registered in another person’s name

·         Likely to cause damage to the reputation of an individual or an institution.

Breaching of law is not excused.

Copy Right Act, 1965

Copy Right Act, amended in 1997 and copy right rule 1989

Copy rights includes any writing (literary work), research related work or produced through mechanical device or broadcasted, Dialogue or audio visual acting drama or movie, Drawing, map, photographs or creative arts, Musical notation and sound record and Computer software.

Schedule-3

Application Registration and Renewal  Fees In  Respect to patents, Designs and Trade- marks

s.n.	Details  of fees	Patant		Design		TradeMark
1.	Application of Registration fees for the patents, Designs and Trade-marks	Rs 2000/-		Rs 1000/-		Rs 2000/-
2.	Application Am endm ent fee	Rs 500/-		Rs 500/-		Rs 500/-
3.	Registration fee	Rs 10000.–		Rs 7000/-		Rs 5000/-
s.n.	Details  of fees	Patant		Design		Trade Mark
4.	Transfer fee	Rs 5000/-		Rs 3000/-		Rs 2000/-
5.	Endorsement                     fees                                         for Am endment   on   record   and Certification except transfer	Rs 2000/-		Rs 1000/-		Rs 1000/-
6.	Fees  for  the  inform ation  of registration details	Rs 750		Rs750		Rs 500/-
7.	Fees for complain and objection	Rs 1000/-		Rs 1000/-		Rs 1000/-
8.	Fees      for   the       copy               of   the registration certificate	Rs 1000/-		Rs 1000/-		Rs 1000/-
9.	Renewal Fees
(a) Annual rate for the first tim e			Rs 5000/-	Rs 1000/-	–
(b)  Annual rate for the second time			-Rs 7500/-	Rs 2000/-	–
(c)  Annual  rate  for  the  Trademark each time			–	–	Rs 500/-