Intellectual property rights (IPR)

1. Legal Environment for Business in Nepal
2 January 2017
1Saroj Shrestha

2.  Movable Property: Shares, Gold Silver, Money,
Car, Watch
 Immovable Property: Land, Building, Fixed with
land i.e. Building, Machinery Equipment
 Intellectual Property: Property that arises out of
human intelligence or mental labour i.e. Patent,
Design, Trade Mark, Copy Right
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3. Intellectual Property is property that arises out of
human intelligence or mental labour.
The two major categories of IP are i. Industrial ii.
Literary.
In the category of Industrial Property
 Trade Marks
 Patents
 Designs
 Trade Secrets
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5.  Literary property is protected by means such as
copyright and neighboring rights including
performer’s rights.
 In the relatively more recent past, many new
forms of IP have come into existence. They
include plant varieties, digital literary and other
property, domain names etc. These are also
protected by suitable mechanisms such as plant
breeder’s rights, digital copy right etc.
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6. Intangible
Rights guaranteed by State for particular
time
Can not store for particular place;
Territorial Jurisdiction;
Exclusive Rights;
Bundle of Rights There can be various IP
on same product i.e. Coca Cola
Multiple users.
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7. Saroj Shrestha 7

8. A Trade Mark is a visual symbol in the form of a
word, a device or a label applied to articles of
commerce with a view to indicate to the purchasing
public that they are the goods manufactured or
otherwise dealt in by a particular person as
distinguished from similar goods manufactured or
dealt in by other persons.
"Trademark" means the mark (Nissa) which is used
to identify the manufacture (product) or owner of
the goods or commodity. (Patent, Design and
Trade Marks Act, 2022)
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9. A person who sells his goods under a particular trade
mark acquires a sort of limited exclusive right to the
use of the mark in relation to those goods. Such a
right acquired by use is recognized as a form of
property in the trade mark, protected under the law.
 The law of TM is based mainly on two concepts:
distinctiveness and deceptive similarity.
Feature of Trademarks
 Specificity Principle, Origin Indicating
Function & Distinguishing Function
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10. • Patent, Design and Trademarks Act, 1965
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• Copyright Act, 2002
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• Copyright Rules, 2004
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11.  "Patent" means the absolute right (Sarbadhikar)
over a newly invented goods or commodity
(Bastu).
 "Design" means a model drawing/sketch (Namuna
naksa) in a printed or written form, filled or woven
by Karchohi, stitching form, made or carved
(Dhaleko) by the soil or Mayan , any machine or
parts thereof made by any instrument (Hatiyar) or
made pursuant to the Chemistry (Rasayan
Shastra).
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12.  "New invention" means a product or commodity which
was not in use or which was not known to anyone
within Nepal till the date of submission of the
application.
 "Trademark" means the mark (Nissa) which is used to
identify the manufacture (product) or owner of the
goods or commodity
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13.  "New invention" means a product or commodity
which was not in use or which was not known to
anyone within Nepal till the date of submission of the
application.
 "Trademark" means the mark (Nissa) which is used
to identify the manufacture (product) or owner of the
goods or commodity
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14. Section 2 (a) of Copy Right Act, 2002
"Work" means any work presented originally and
intellectually in the field of literature, art and science
and in any other field, and this term also includes the
following work:
(1) Book, pamphlet, article, thesis,
(2) Drama, dramatic-music, dumb show and a work
prepared to perform in such manner,
(3) Musical notation with or without words,
(4) Audio visual works,
(5) Architectural design,
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15. (6) Fine Arts, painting, work of sculpture, work of
woodcarving, lithography, and other work relating
to architecture,
(7) Photographic work,
(8) Work of applied art,
(9) Illustration, map, plan, three-dimensional work
relating to geography, and scientific article and
work,
(10) Computer program.
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16.  Paris Convention For the Protection of Industrial
Property 1883 and as amended in 1979-
(Recognized by Nepal on 2057/4/9)
 Berne Convention for the Protection of Literary and
Artistic Works 1886) - (January 11, 2006)
 TRIPS (Trade Releted Aspects of Intellectual
Property Right 1994) (April 23, 2004 )
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17.  The Nice Agreement Concerning the International
Classification of Goods and Services for the
Purpose of the Registration of Marks 1957
 Convention on establishment of World Intellectual
Property Organization, 1967 ( 4 February 1997)
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18. Paris and Berne Conventions
 Paris Convention for the protection of Industrial
Property signed in March 1883 was one of the
earliest treaties to protect IP of nature of
inventions, trade marks and industrial designs.
 Came into force in 1884 with 14 member states
which set up an International Bureau to carry out
administrative tasks, such as organizing meetings
of the members states. The Convention now has
169 members and its provisions are fully
dovetailed in the TRIPS Agreement.
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19.  The Berne Convention for the Protection of
Literary and Artistic Works, first adopted in Berne,
Switzerland in 1886 is an international agreement
for the protection of copyright.
 National laws could not protect an author’s work
from being copied in other countries.
 While the Paris Convention of 1883 was aimed to
protecting patents, trade marks and industrial
designs, the Berne Convention aims at providing
cross-national protection for literary and artistic
works.
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20. Madrid Agreement and Protocol
The Madrid Agreement on the International
Registration of Marks was first concluded in 1891
and revised several times. The present amended
version was issued in 1979. In addition to the
Agreement, there is the Madrid Protocol relating to
the Agreement, which was concluded in 1989,
with the aim of rendering the Madrid system
relatively more flexible and compatible with the
domestic legislations of certain countries which
had not been able to accede to the Agreement.
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21.  Madrid Agreement came into operation on 1 April
1996. Currently, 67 Countries are the contracting
parties to the Madrid protocol. They include China,
Japan and UK. US become a contracting party on
2 Nov. 2003 and EU on 1 Oct. 2004.
 The Madrid system is administered by the World
Intellectual Property Organization (WIPO),
Geneva.
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22. Convention on establishment of World Intellectual
Property Organization, 1967 (4 February 1997)
TRIPS
Currently, international protection for Intellectual
Property is provided within the framework TRIPS
Agreement or Agreement on Trade-Related
Aspects of Intellectual Property Rights of 1995.
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23.  The Agreement has been worked out in the
context of the establishment of the World Trade
Organization and the desire its members to
ensure smooth and unhindered growth of trade in
goods and services as well as the protection of IP.
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24. 24Saroj Shrestha
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