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DESIGN PROSECUTION IN NEPAL

Understanding the Design Prosecution Procedure in Nepal

What is the procedure for the registration of design in Nepal?

The procedure for the registration of design is as follows:

Stage: 1- Design application filing in Nepal:

An application for the registration of a design can be filed in Nepal along with the prescribed fee at the Department of Industry.

Stage: 2- Design Examination in Nepal:

  • In Nepal an examination of a design application is carried to check the whether there is an existence of a prior application or not.
  • Department checks for whether the application is affecting the public conduct or morality or undermines the national interest, or if it is registered on the name of some other

applicant.

Stage: 3- Registration of a design

  • 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.
  • For obtaining the certificate mentioned in the applicant shall pay a design registration fee as prescribed in Schedule 3 (2) (b), to the department.

Stage: 4-Notification of Refusal, (if any)

  •  If, the application is found to be immoral and already registered on the name of other applicant, then the department issues a notification of refusal.

Appeal against decision of refusal:

If the applicant want to appeal against the decision of refusal, then it can be done in the appellate court within 35 days from the date of decision made.

Cancellation of a Registered Design

  • In case the Department found that there exists any circumstance as mentioned in the provision of Sub-Section (1), it may cancel the registration of any design.
  • 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.

What is the term of design in Nepal?

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

What is the time period for renewing the registration of design in Nepal?

The design holder shall renew the registration of design within 35 days from the date of expiry under Section 23B of the act.

What is the penalty for violating the rights of registered design holder?

In accordance Section 15 of the act, the person who violates the right of a design holder, 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.
  • Sources:

Patent, Design and Trade Mark Act, 1965

http://www.wipo.int/

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