Date of Authentication and publication 14 Bhadra 2022. (august 30 , 1965 A.D.)
Amendement | Date of Amendement |
1. First Amendment. | Kartik 1,2044 (October 18, 1987 ) |
2 . Act Made to Amend Some Nepal Acts Relating to Export and Import | |
and Intellectual Property, 2063 (2006) | 2063.8.8 (November 24, 2006) |
Preamble: Whereas it is necessary to update the legal arrangements in respect to patents, designs and trade-marks for the convenience and economic benefit of the general Public,
Be it enacted by, His Majesty King Mahendra Bir Bikram Shah Dev on the aid and advice of the National Panchayat.
Chapter 1
Preliminary
1. Short Title Extent and Commencement : (1) This Act may be called "Patent, Design and Trade Mark Act, 1965",
2. Definitions : Unless the subject or the context otherwise requires in this Act:
♣(c) "Trade-mark" means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its
♣ Amendment by the first amendment
products or services to distinguish them with the product or
services of others.
• (f) "Prescribed or as prescribed" means prescribed as prescribed in the Rules framed or orders issued under this Act.
Chapter 2
Patents
3. ACQUISITION OF PATENT RIGHTS : (1) A person desirous of obtaining right over any patent shall register such patent in his/her name under this Act.
∇(2) No one shall copy or use or cause to use in the name of the others
without transforming the ownership or written permission pursuant to Section
21d, the patent registered in the name of any person pursuant to this Act .
(3) ∝ .............
4. APPLICATION FOR ACQUIRING RIGHT OVER PATENT : (1) A person desirous of having any patent registered in his/her name shall submit to the Department an application as specified in Schedules 1 (a), containing the particulars mentioned hereunder, along with all available evidence in his/her possession:
(a) Name address and occupation of the parson inventing the
• Inserted by the first amendment ∇ Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual
Property, 2063 (2006)
∝ Deleted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
patent.
(2) Along with the application pursuant Sub-Section (1), applicant shall also submit map and ♣drawings along with particulars, of the patent, as well as the fee specified in Schedule 3(1) (a).
5. INVESTIGATION BY DEPARTMENT: (1) On receipt of application submitted under Section 4, the Department shall, on the advice of experts if so considered necessary, conduct all investigation or study to ascertain whether the patent investigations in the application is a new invention or not, and whether it is useful to the general public or not, and thereafter decide whether or not to register such patent.
(2) In case the Department concludes that any patent should not be registered in the circumstances mentioned in Section 6, it shall give a notice to the applicant to the effect that the patent cannot be registered according to his/her application.
(3) ……..•
(1) The Department shall not register any patent under this Act in the following circumstances:
♣ Amendment by the first amendment
• Deleted by the first amendment
Provided that noting contained in Clause (a) shall be deemed to have prejudiced to update transfer of the registration of any patent under Section 9.
(2) In the circumstances mentioned in Sub-Section (1), the Department may cancel the registration of any patent which had been registered. Provided that the Department shall, before cancelling the registration of any patent, provide reasonable opportunity to the patentee to show the cause, if any, why the registration of this patent should not be cancelled.
7. REGISTRATION OF PATENT : (1) On receipt of applications filed under Section 4 for registration of a patents, the Department shall, after completing necessary investigations under Section 5 issue a registration certificate in a format as specified in Schedule 2 (a) to the applicant, except in the circumstance mentioned in Section 6.
(2) For obtaining the certificate mentioned in Sub-Section (1), the applicant shall pay the registration fees as to the department specified in schedule 3 (1) (b).
(4) In case any complaint is received under Sub-Section (3), the Department shall take necessary Action after conducting inquiries
♣8. TERM OF PATENT : (1) The title of the patentee to the patent shall be valid only for a period of seven years from the date of registration thereof under Section 7, except when it is renewed under Section 23 B.
(2) Notwithstanding, anything contained in Sub-Section (1),in the case of patent registered before the commencement of this Section, the term fixed according to the provision in force at the time of registration thereof shall be valid After the expiry of that term, the patent must be renewed under Section 23B.
∝
GOVERNMENT ARCHIVES : The patentee shall submit to the National Archive also a copy of the design or model of the article manufactured according to the patent registered under this Act.
∇11. Penalty for violation of Section 3 : A person, who commits any of the acts, shall be fined as per gravity of offense by the order of the Department and the goods or commodities related to the offense shall be confiscated :
♣
Amendment by the first amendment. ∝ Deleted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual
Property, 2063 (2006)
∇ Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
Chapter 3
Designs
12. ACQUISITION OF TITLE TO DESIGN : (1) A person may acquire title under this Act to the design of any article manufactured or caused to be manufactured upon registration under Section 14.
∇(2) No one shall copy or use or cause to use in the name of the others
without transforming the ownership or written permission pursuant to Section
21d, the design registered in the name of any person pursuant to this Act .
13. APPLICATION FOR REGISTRATION OF DESIGN : (1) A person desirous to register the design of any article manufactured or caused to be manufactured under Section 14, shall submit to the Department, an application in a formals as specified in Schedule 1 (b), together with four copies of such design and maps, and drawings and particulars thereof.
(2) The person submitting an application under Sub-Section (1) shall pay, along with the application, the application fee to the department specified in Schedule 3 (2) (a),.
14. REGISTRATION OF DESIGN: (1) On receipt of the application filed by any person under Section 13, the Department shall register the design in the name of the applicant and issue a certificate as mentioned in Schedule 2(b).
Provided that in case such design hurts the prestige of any individual or institution or adversely affects the public conduct or morality, or undermines the
∇ Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
national interest, or in case such design has already been registered in the name of any other person, it shall not be registered under this-Section.
Provided that the department shall, before cancelling the registration of such design, provide reasonable opportunity to the design-holder to show case if any, why the registration of his/her design should not be cancelled.
�14A. Term of Design. The title of the person in whose name a design has been registered under Section 14 shall remain valid for a period of five years from the date of registration thereof, except when it is renewed under Section 23B.
15. PUNISHMENT FOR CONTRAVENTION OF SECTION 12 : In case a person, contravenes the provisions or Sub-Section (2) of Section 12, or operates a design invalidated the Department, may be♣ punished with a fine not exceeding ∇Fifty thousand Rupees, and articles and goods connected with such offense shall be confiscated on the order of the Department, ™ as per the gravity of offense.
• Inserted by the first amendment ♣ Amendment by the first amendment ∇ Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual
Property, 2063 (2006)
™ Inserted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
Chapter 4
Trade-Marks
16. | Acquisition of title to trade marks : : (1) A person may acquire, under |
this Act, title to the trade-mark of his business, upon registration in the | |
department under Section 18. | |
∇(2) No one shall copy or use or cause to use in the name of the others | |
without transforming the ownership or written permission pursuant to Section | |
21d, the trademark registered in the name of any person pursuant to this Act. | |
17. | APPLICATION FOR REGISTRATION OF TRADEMARK : (1) A |
person desirous to register the trademark of his business registered under | |
Section 18 shall submit to the Department an application in a format as | |
specified in Schedule 1(c), along with four specimen of such trade-marks, | |
shall conduct necessary investigation and provide sufficient opportunity to | |
defend him/her self and also conduct further inquiry based on the dense made | |
and if finds it appropriate to register it . | |
(2) The person submitting application under Sub-section (1), | |
shall pay an application fee to the department as specified in Schedule 3(3) (a). | |
18. | REGISTRATION OF TRADEMARK : (1) In case any person files an |
application under Section 17 for registration of trademark, the department shall | |
register such trademark in the name of the applicant the specimen form | |
indicated in Schedule 2 (c), ™ shall conduct necessary investigation and provide | |
sufficient opportunity to defend him/herself and also conduct further inquiry | |
based on the cense made and if finds it appropriate to register it . | |
∇ | Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual |
Property, 2063 (2006) | |
™ | Inserted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual |
Property, 2063 (2006) |
Provided that in case it is felt such trade-mark may hurt the prestige of any
individual or institution or adversely affect the public conduct or morality or
undermine the national interest or the reputation of the trade-mark of any
other person, or in case such trade-mark is found to have already been
registered in the name of another person, it shall not be registered
Provided that the Department shall, before cancelling the registration of a trademark provide a reasonable opportunity to the holder of the trademark to show cause if any, why his/her trademark should not be cancelled.
�18A. Classification of Goods and Services for Trade-Mark Registration :
�18D. Term of Trade-Marks : The title of the person in whose name a trade-mark
has been registered under Section 18 shall remain valid for a period of seven years from the date of registration thereof, except when it is renewed under Section 18.
♣ 19. PUNISHMENT FOR ILLEGAL USE OF TRADE-MARKS : In case any one who, violates Sub-Section (2) of Section 16, or brings into use a trademark which has been cancelled under Sub-section (3) of Section 18, or violates Section 18B, may be punished with a fine not exceeding is ∇One Hundred Thousand Rupees and articles and goods connected with such offense confiscated on the orders of the Department ™ as per the gravity of offense.
.
Chapter 5
Miscellaneous
20. Right to appoint Attorney : A person may appoint an attorney or �legal practitioner for to take any Action so required under this Act, and all Actions taken ♣ by such attorney or legal practitioner shall be deemed to have been taken by him/herself .
21 ……. •
Property, 2063 (2006)
™ Inserted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
• Deleted by the first amendment
trade-marks registered under Section 18, as well as particulars of their renewal
or cancellation, for the information of the public.
(2) Any one who has any objection to the particulars published under Sub-Section (1) may file a complaint to the department within a period of 35 days from the date of such publication . The Department shall take necessary Actions after holding inquiries into such complaints.
∇21D. Transfer of ownership or approval for use of patent, Design or Trade :(1) The owner of the patent, Design or Trademark may transfer the ownership or provide approval in writing for its use.
• Inserted by the first amendment
™ Inserted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property,
2063 (2006)
∇ Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
22. Maintain Register by the Department : The Department shall maintain separate register of patents, designs and trade-marks, indicating therein registration or cancellation thereof under this Act.
♣23. ∝ ..................
♣ Amendment by the first amendment.
∝ Deleted by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual
Property, 2063 (2006)
• Inserted by the first amendment
∇ Amended by the Act Made to Amend Some Nepal Acts Relating to Export and Import and Intellectual Property, 2063 (2006)
time, a design not mode than twice for a period of five years at a time, and a trade-mark any number of times for a period of seven years at a time.
�26A. Power to Alter the Rates of Fees : Government of Nepal may make alterations in the amount of fees prescribed in Schedule 3 by a notification in the Nepal Gazette .
♣ Amendment by the first amendment
♣Schedule1(A)
Format of an Application For Registration of Patent
To ..... .....
Since I am/We are the inventor/s of ............. I/we hereby apply, attaching herewith the principle/formula/and maps and drawings containing all particulars, as well as the application fee, for the registration of its patent. I/we hereby request to register the patent in my name/our names and to issue me/us a certificate thereof.
Witnesses: | Signature of the Applicant |
1.................. | |
2……………….. | Address |
Date |
♣Schedule-1(B)
Format of an Application For Registration of Design
To, .... ....
Since I/we have manufactured am/are arranging for the manufActure of ...... according to the design attached hereto, I/We hereby submit an application, along with the maps and drawings containing full particulars thereof, four pieces of samples, and the application fee, requesting for the registration of the design. I/We hereby request you to register the design in my name/our names and then issue to me/us a certificate thereof.
Witnesses: Signature of the Applicant
1........ ...........
2. ………….. Address:
Date:
♣Schedule-1(C)
Format of Application For Registration of Trade-Mark
To, ....... ......
Since I/we intend to affix/have been affixing the trade-mark attached here to on...., I/we hereby apply for the registration of that trade-mark along with four samples thereof and the application fee. I/we hereby request to register the trade-mark in my name/our names and issue a certificate thereof to me/us.
Witnesses: | Signature of the Applicant |
1. ........ ........ | |
2. ………… | Address |
Date: |
♣Schedule-2(A)
Format of certificate of Registration of Patent
Government of Nepal
....... Ministry
.......Department Certificate No. Date:
Certificate of Registration of Patent
The patent of ...... which has been invented by ..... has been registered under Section 7 of patent, Design and Trade-Mark Act, 2022 (1965) and this certificate has been issued accordingly.
................. Director-General
Date of Renewal | Date on which the Renewed term expires | signature of Renewing Authority of the |
---|---|---|
www.lawcommission.gov.np ♣Schedule 2(B) Format of Certificate of Registration of Design Government of Nepal ....... Ministry ....... Department Certificate No. Date…..
Certificate of Registration of Design
The design of .... manufactured/or caused to manufacture thereof by... has been registered under Section 14 of Patent, Design and Trade-Mark Act, 2022 (1965) and this certificate has been issued accordingly.
................. Director General
Date of Renewal | Date on which the Renewed term expires | signature and seal Renewing Authority of the |
---|---|---|
www.lawcommission.gov.np ♣Schedule 2(C) Format of Certificate of Registration Trade-Mark Government of Nepal ......Ministry ......Department
Certificate No. Date:
Certificate of Registration of Trade-Mark
The trade-mark affixed/to be affixed in .... by.... has been registered under Section 18 of the patent, Design, and Trade-Mark Act, 2022 (1965) and this certificate has been issued accordingly.
............ Director-General.
Date of Renewal
Date on which the
signature Renewing Authority
Renewed term expires
♣Schedule 2(D) Format of Application For the Renewal of Patent
To, ...... ....
Since the validity date of the registration of the patent of ..... ….registered by me/us on... has expired,
I/we hereby request you for the renewal thereof. The renewal fee is enclosed
Signature of the Applicant
................
Address:
Date:
�Schedule 2(E)
Format of application For Renewal of Design
Since the validity date of the registration of the design of ...... registered by me/us on.. has expired, I/We hereby request you for the renewal thereof. The renewal fee is enclosed.
Signature of the Applicant .................
Address:
Date:
• Inserted by the first amendment
�Schedule 2(F)
Format of application for Renewal of Trade-Mark
To, ..... .....
Since the duration of the registration of the trade-mark being affixed by us in ... by registering it on... has expired, I/We hereby request you for the renewal thereof. The renewal fee is enclosed.
Signature of the Applicant ................
Address:
Date:
• Inserted by the first amendment
�
Schedule3
Application Registration and Renewal Fees In Respect to patents, Designs and Trademarks
s.n. | Details of fees | Patant | Design | Trade-Mark |
1. | Application of Registration fees for the patents, Designs and Trade-marks | Rs 2000/- | Rs 1000/- | Rs 2000/ |
2. | Application Amendment fee | Rs 500/- | Rs 500/- | Rs 500/ |
3. | Registration fee | Rs 10000.– | Rs 7000/- | Rs 5000/ |
4. | Transfer fee | Rs 5000/- | Rs 3000/- | Rs 2000/ |
5. | Endorsement fees for Amendment on record and Certification except transfer | Rs 2000/- | Rs 1000/- | Rs 1000/ |
6. | Fees for the information 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 time | 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/ |
• Came into force on 2062.6.1 as the notification of Nepal Gazettee on 2062.5.13 23