October 18 : The Department of Industry (DoI) has made the registration of patents and trademarks stricter. According to DoI Director General Maheshwor Neupane, the Department has already prepared and implemented an “internal guideline” to plug the loopholes in patent and trademark registration.
Neupane claims the move is aimed at attracting and securing domestic and international investment.
“Securing the right of worldwide popular brands will help create investment environment in the country,” says Neupane, “That’s why the DoI has prepared the internal guideline to make the registration of patents and trademarks stricter.”
He adds that Nepal is party to several treaties related with patent rights. “The guideline will help us address these treaties properly,” he explains.
According to him, the DoI will not register new company names which are similar to the names of companies which are already operating and also not permit names which are made up by making minor changes to world famous brands.
The registration of some companies or brands which resemble worldwide popular brands has already created problems. Matters have been taken to courts and several lawsuits regarding the violation of patent or trademark rights have been filed with the commercial bench of Patan Appellate Court.
According to the Patent, Design and Trademark Act 2022, the company which registers a trademark first can keep its ownership. But being a member of World Intellectual Property Organization (WIPO), Nepal cannot give ownership of the trademark logo of internationally popular brand to any Nepali company. Till now there is not any list of popular trademarks in Nepal. According to business people, this is creating obstacles for FDI in Nepal.
The drafts of some crucial laws such as the Special Economic Zone (Sez) Act, Industrial Entrepreneurs Act and Intellectual Property related Act have already been presented at parliament. The implementation of these acts will have a positive impact on the country’s investment climate, says Neupane.
