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/- | |||
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