Industrial Design Registration in Nepal

Industrial design Registration in Nepal can foster innovation, creativity and product development in Nepal. The registration process for industrial designs provides legal protection for the visual aspects of products, encouraging designers and companies to invest in aesthetic innovations.

Registration Authority for Industrial Designs

Industrial designs in Nepal are registered with the Department of Industry (DOI), which falls under the Ministry of Industry, Commerce and Supplies. The key steps in the registration process include:

1. Filing an application with the DOI, including required documents and fees.
2. Examination of the application by DOI officials for compliance with legal requirements.
3. Publication of the design application in the Industrial Property Bulletin for potential oppositions.
4. Grant of registration if no successful oppositions are filed and all requirements are met.
5. Issuance of a design registration certificate by the DOI.

The DOI maintains a register of industrial designs, which can be searched by the public for a nominal fee.

Term of Industrial Design Protection

The initial term of protection for registered industrial designs in Nepal is 5 years from the date of filing the application. This term can be renewed for two additional 5-year periods, providing a maximum total protection period of 15 years.

Key points regarding the term of protection:

• The term begins from the filing date, not the registration date.
• Renewal must be requested before the expiration of each 5-year term.
• Once the maximum 15-year period expires, the design enters the public domain.

This limited term of protection aims to balance the interests of designers with the public interest in eventually allowing free use of designs.

Qualifications for Industrial Design Protection

To qualify for protection as an industrial design in Nepal, a design must meet the following criteria:

1. Novelty: The design must be new and not previously disclosed to the public.
2. Originality: The design must be original to the creator and not copied from existing designs.
3. Aesthetic appeal: The design must have aesthetic features that appeal to the eye.
4. Industrial applicability: The design must be capable of being applied to an article through industrial processes.
5. Visibility: The design features must be visible during normal use of the product.
6. Non-functionality: The design should not be dictated solely by technical or functional considerations.

Designs that are contrary to public order or morality are not eligible for protection.

Novelty Requirement for Design Registration

Novelty is a crucial requirement for industrial design registration in Nepal. To be considered novel, a design must not have been:

1. Publicly disclosed anywhere in the world before the filing date (or priority date, if applicable).
2. Registered or filed for registration in Nepal by another person.
3. Made available to the public through use, sale, or any other means.

There is no specific grace period for novelty in Nepal’s design law. However, disclosures made under confidentiality agreements or at officially recognized exhibitions may not destroy novelty if the application is filed promptly afterward.

Applicants should be cautious about disclosing their designs before filing to ensure they meet the novelty requirement.

Renewal of Industrial Designs

Industrial design registrations in Nepal can be renewed to extend protection beyond the initial 5-year term. The renewal process involves:

1. Filing a renewal application with the DOI before the expiration of the current term.
2. Paying the prescribed renewal fee.
3. Submitting a declaration of continued use or legitimate reasons for non-use.
4. Renewal can be requested up to 6 months after the expiration date by paying an additional late fee.

It’s important to note that renewal does not involve re-examination of the design. However, the DOI may refuse renewal if the design has become generic or contrary to public order.

Multiple Designs in One Application

Nepal’s industrial design registration system allows for the inclusion of multiple designs in a single application under certain conditions:

1. The designs must belong to the same class of the Locarno Classification.
2. The designs should relate to a set or composition of articles typically sold or used together.
3. Each design in the application is subject to individual examination and fees.
4. If one design in the application is refused, the others may still proceed to registration.

This provision can be cost-effective for applicants with related designs, but care should be taken to ensure all designs in the application meet the registration requirements.

Examination Process for Design Applications

The examination process for industrial design applications in Nepal involves several steps:

1. Formalities Examination: Checking for compliance with administrative requirements and document completeness.
2. Substantive Examination: Assessing the design for novelty, originality, and other substantive criteria.
3. Search of Prior Designs: Comparing the applied design with previously registered or published designs.
4. Objections and Responses: If issues are found, the examiner issues objections to which the applicant can respond.
5. Decision: Based on the examination and any responses, the DOI decides to grant or refuse registration.
6. Publication: Accepted designs are published in the Industrial Property Bulletin for opposition purposes.

The examination process aims to ensure that only designs meeting legal requirements receive protection.

Read More:

1. Intellectual Property Law in Nepal
2. Copyright Law in Nepal
3. Copyright Act, 2002

Amendments to Design Applications

Applicants can make certain amendments to their design applications after filing:

1. Corrections of obvious errors in the application documents.
2. Changes to applicant details due to assignment or legal name changes.
3. Minor clarifications or improvements to design descriptions.
4. Withdrawal of the application or specific designs within a multiple design application.

However, substantial changes to the design itself are generally not permitted after filing, as this could affect the filing date and novelty assessment. Any amendments must not expand the scope of protection beyond what was originally disclosed.

Design Classification Systems

Nepal uses the Locarno Classification system for industrial designs, which is an international classification system administered by the World Intellectual Property Organization (WIPO). Key aspects include:

1. Designs are classified into 32 classes and multiple subclasses based on the products they embody.
2. The classification helps in organizing design registrations and facilitating searches.
3. Applicants should indicate the appropriate class when filing, but the final classification is determined by the DOI.
4. Misclassification does not invalidate registration but may require correction.

Understanding and correctly applying the Locarno Classification can help in efficiently searching for prior designs and determining the scope of protection.

Required Documents for Design Registration

The following documents are typically required for industrial design registration in Nepal:

1. Application form, providing details of the applicant and the design.
2. Graphic representations of the design (drawings or photographs) showing all important features.
3. Brief description of the design and its novel features.
4. Power of attorney, if filed through an agent.
5. Priority document, if claiming priority from a foreign application.
6. Assignment deed, if the applicant is not the original designer.
7. Certified copy of the company registration, for corporate applicants.

All documents in foreign languages must be accompanied by Nepali translations.

Fees for Industrial Design Registration

Various fees are associated with industrial design registration in Nepal:

1. Application fee: Basic fee for filing the application.
2. Publication fee: For publishing the design in the Industrial Property Bulletin.
3. Registration fee: Payable upon grant of registration.
4. Renewal fees: For extending protection beyond the initial term.
5. Recordal fees: For recording changes in ownership or licenses.
6. Search fees: For conducting official searches of registered designs.

Fee amounts are set by government regulations and are subject to periodic revisions. Some fees vary based on the number of designs or classes involved.

Registration of Foreign Designs

Foreign applicants can register their designs in Nepal, subject to certain requirements:

1. Applications must be filed through a registered Nepali agent.
2. Priority can be claimed from earlier applications in Paris Convention countries within 6 months.
3. Foreign language documents must be accompanied by Nepali translations.
4. Designs must meet all substantive requirements under Nepali law, regardless of protection in other countries.
5. Foreign applicants may need to provide evidence of their home country registration.

Nepal is not currently a member of the Hague System for international design registration, so separate national filing is necessary.

In conclusion, while Nepal’s industrial design registration system provides a framework for protecting design rights, it requires careful navigation of legal requirements and procedures. Designers and companies seeking protection should consider engaging local expertise to ensure effective registration and enforcement of their industrial design rights in Nepal.

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