Trademark and intellectual property law in Nepal is governed by the Patent, Design and Trademark Act, 2022 (1965) for industrial property — trademarks, patents, and industrial designs — and the Copyright Act, 2059 (2002) for literary, artistic, and creative works. The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies registers and administers trademarks, patents, and designs from its office at Tripureshwor, Kathmandu, while the Copyright Registrar's Office handles copyright. Nepal is a member of the World Intellectual Property Organization (WIPO), the Paris Convention for Industrial Property (since 2001), the Berne Convention (since 2006), and is bound by TRIPS obligations as a WTO member since 2004. Trademark registration in Nepal takes 12–14 months and costs approximately NPR 6,000–7,000 in government fees.
| IP Law Nepal — Quick Facts | Details |
|---|---|
| Trademark law | Patent, Design and Trademark Act, 2022 BS (1965) |
| Copyright law | Copyright Act, 2059 BS (2002) + Copyright Rules, 2061 (2004) |
| Registering authority (industrial property) | Department of Industry (DOI), Tripureshwor, Kathmandu |
| Registering authority (copyright) | Copyright Registrar's Office |
| Trademark validity | 7 years, renewable indefinitely (every 7 years) |
| Patent validity | 7 years, renewable twice (maximum 21 years) |
| Industrial design validity | 5 years, renewable twice (maximum 15 years) |
| Copyright duration | 50 years after author's death (general); 25 years (applied art/photos) |
| Trademark registration fee | Application NPR 1,000–2,000 + registration NPR 5,000 |
| Trademark registration timeline | 12–14 months (no opposition); 18–36 months (with opposition) |
| Trademark classification | Nice Classification — 45 classes (1–34 goods, 35–45 services) |
| Illegal trademark use penalty | Fine up to NPR 100,000 + confiscation of goods |
| Copyright infringement (first) | Fine NPR 10,000–100,000 or up to 6 months imprisonment |
| International treaties | WIPO, Paris Convention, Berne Convention, TRIPS (WTO) |
Trademark and intellectual property law in Nepal is governed by the Patent, Design and Trademark Act 2022 (trademarks, patents, designs) and the Copyright Act 2059 (creative works). Trademarks are registered at the Department of Industry for 7 years (renewable indefinitely). Registration takes 12–14 months and costs ~NPR 6,000–7,000. Illegal trademark use carries fines up to NPR 100,000. Nepal is a WIPO and WTO member bound by TRIPS.
| IP Type | Governing Law | What It Protects | Duration | Authority |
|---|---|---|---|---|
| Trademark | Patent, Design and Trademark Act, 2022 | Words, symbols, logos, images, or combinations that distinguish goods/services | 7 years (renewable indefinitely) | Department of Industry |
| Patent | Patent, Design and Trademark Act, 2022 | New inventions — products or processes with an inventive step | 7 years (renewable twice = 21 years max) | Department of Industry |
| Industrial design | Patent, Design and Trademark Act, 2022 | Visual appearance of products — shape, patterns, colors, ornament | 5 years (renewable twice = 15 years max) | Department of Industry |
| Copyright | Copyright Act, 2059 (2002) | Literary, artistic, musical, dramatic, scientific works; software; databases | 50 years after author's death (general) | Copyright Registrar's Office |
| Step | Action | Timeline |
|---|---|---|
| 1 | Conduct trademark search at DOI database to check for existing identical or similar marks in your class | 1–2 weeks |
| 2 | Select Nice Classification class (1–45) matching your goods or services | — |
| 3 | Prepare application: 4 specimens of trademark, description of goods/services, applicant details, company registration certificate, PAN certificate, citizenship | — |
| 4 | Submit application to DOI with application fee (NPR 1,000–2,000 per trademark) | Day 1 |
| 5 | DOI preliminary examination — checks uniqueness, deceptiveness, conflicts with existing marks, and compliance with Section 18(1) | 3–4 months |
| 6 | Publication in Industrial Property Bulletin (published every 3 months by DOI) | Next quarterly bulletin |
| 7 | Opposition period — third parties can file opposition within 90 days of publication | 90 days |
| 8 | If no opposition (or opposition resolved), DOI issues Trademark Registration Certificate — pay registration fee (NPR 5,000) | 2–3 months |
| 9 | Renew 30 days before 7-year expiry (renewal fee NPR 500; late renewal with NPR 1,000 fine within 6-month grace period) | Every 7 years |
| Fee Item | Amount (NPR) |
|---|---|
| Application for trademark registration | 1,000–2,000 per trademark |
| Registration fee (on approval) | 5,000 |
| Amendment of application | 500 |
| Renewal (every 7 years) | 500 |
| Late renewal penalty (within 6-month grace) | 1,000 |
| Transfer of ownership | As prescribed by DOI |
| Element | Examples |
|---|---|
| Words | Brand names, company names, slogans, product names |
| Symbols / logos | Graphic designs, emblems, monograms, distinctive marks |
| Pictures / images | Product images, character marks, visual identifiers |
| Combinations | Word + logo combinations, composite marks |
| Service marks | Marks identifying services (Nice Classes 35–45) |
The DOI can reject a trademark application under Section 18(1) if:
| # | Ground for Rejection |
|---|---|
| 1 | Trademark damages the reputation of any person or institution |
| 2 | Trademark contradicts public morality, ethical standards, or national interest |
| 3 | Trademark damages the goodwill of an existing registered trademark |
| 4 | Trademark is identical or confusingly similar to an already registered mark |
Foreign individuals and companies can register trademarks in Nepal but must follow additional steps:
| Step | Action |
|---|---|
| 1 | Appoint a licensed Nepali trademark attorney or agent |
| 2 | Prepare and notarize a Power of Attorney authorizing the local attorney |
| 3 | Get all documents notarized and legalized by the Nepal Embassy in your country |
| 4 | Submit application through the local attorney to DOI with required fees |
| 5 | Same examination, publication, and opposition process applies (12–14 months) |
Critical: Under Section 21B, a trademark registered in a foreign country is not valid in Nepal unless separately registered with the DOI. Nepal is not a signatory to the Madrid Protocol, so international registrations through WIPO are not directly applicable.
Under the Copyright Act 2059, copyright protects original literary, artistic, musical, dramatic, and scientific works — including books, articles, music, paintings, sculpture, films, software, databases, architectural designs, and photographs. Copyright owners have three categories of rights: economic rights (reproduction, distribution, performance, broadcasting), moral rights (attribution, integrity of work), and royalty rights (compensation for use).
| Copyright Element | Details |
|---|---|
| Registration | Not mandatory — works are automatically protected from creation. Registration provides stronger proof of ownership. |
| Duration (general) | 50 years after author's death |
| Duration (joint works) | 50 years from death of last surviving co-author |
| Duration (anonymous/pseudonymous) | 50 years from first publication |
| Duration (applied art/photos) | 25 years from year of creation |
| Infringement complaint deadline | Within 3 months of knowledge of infringement |
| What cannot be copyrighted | Ideas, thoughts, news, court judgments, folk songs, proverbs, general data, methods of operation |
| Violation | Penalty |
|---|---|
| Illegal use of registered trademark (Section 19) | Fine up to NPR 100,000 + confiscation of goods connected to the offence |
| Using cancelled trademark | Same as illegal use — fine up to NPR 100,000 |
| Copyright infringement (first offence) | Fine NPR 10,000–100,000 or imprisonment up to 6 months, or both + confiscation of materials |
| Copyright infringement (repeat) | Double fine + double imprisonment + confiscation of all infringing materials and devices |
| Patent violation | Compensation to patent holder + injunction against further use |
| Foreign IP not registered in Nepal | Not enforceable — Section 21B: title not valid unless registered in Nepal |
| Treaty / Agreement | Nepal's Status | Key Obligation |
|---|---|---|
| WIPO Convention | Member | Promotes IP protection globally; provides technical assistance |
| Paris Convention | Member since 2001 | National treatment for foreign IP holders; priority rights for trademarks/patents |
| Berne Convention | Member since 2006 | Automatic copyright protection for foreign works; no registration required |
| TRIPS (WTO) | Bound since 2004 | Minimum IP protection standards; enforcement obligations; dispute settlement |
| Madrid Protocol | Not a signatory | International trademark registration through WIPO not directly applicable in Nepal |
| Situation | IP Relevance |
|---|---|
| Company registration | Register trademark immediately after incorporation — brand protection starts at DOI |
| Contracts | Licensing agreements, franchise contracts, and distribution agreements require IP clauses |
| E-commerce | Protect trademarks from digital counterfeiting; online platforms liable for hosting infringing goods |
| Foreign investment (FITTA) | Technology transfer includes IP licensing — foreign investors must register IP in Nepal to enforce rights |
| Competition law | Abuse of dominant IP position can constitute anti-competitive behavior |
| Consumer protection | Counterfeit trademarked goods violate both IP law and consumer protection law |
| Divorce / property partition | IP assets (trademarks, copyrights, patents) are property subject to division during divorce |
| # | Key Point |
|---|---|
| 1 | Trademarks: registered at DOI for 7 years (renewable indefinitely). Timeline: 12–14 months. Fees: ~NPR 6,000–7,000. |
| 2 | Patents: up to 21 years. Industrial designs: up to 15 years. Copyright: 50 years after death. |
| 3 | Trademark classification follows Nice Classification — 45 classes (1–34 goods, 35–45 services) |
| 4 | Foreign trademarks must be separately registered in Nepal (Section 21B) — not on Madrid Protocol |
| 5 | Illegal trademark use: fine up to NPR 100,000 + goods confiscation |
| 6 | Copyright registration not mandatory but strongly recommended — 3-month complaint deadline |
| 7 | Nepal is bound by TRIPS, Paris Convention, Berne Convention as WTO/WIPO member |
| 8 | IP assets are property — subject to division during divorce proceedings |
Intellectual property law in Nepal is governed by two main statutes: the Patent, Design and Trademark Act, 2022 (1965) for trademarks, patents, and industrial designs, and the Copyright Act, 2059 (2002) for literary and artistic works. The Department of Industry administers industrial property while the Copyright Registrar's Office handles copyright.
To register a trademark:
A registered trademark in Nepal is valid for 7 years from the date of registration and can be renewed indefinitely by paying the renewal fee before expiry. If not renewed within the grace period, the registration lapses and the trademark becomes available for others.
Under Section 19 of the Patent, Design and Trademark Act, illegal use of a registered trademark carries a fine up to NPR 100,000 and confiscation of goods connected to the offence. The Department of Industry can order cessation of use and destruction of infringing materials.
Copyright duration under the Copyright Act 2059: 50 years after the author's death (general works); 50 years from publication (anonymous/pseudonymous); 50 years from death of last surviving co-author (joint works); 25 years for applied art and photographic works.
No. Copyright protection is automatic — works are protected from the moment of creation without registration. However, registration at the Copyright Registrar's Office provides stronger proof of ownership and is recommended for enforcement and licensing purposes.
A patent is an exclusive right granted for a new invention — a product or process that provides a new way of doing something. Under the Patent, Design and Trademark Act, patents are valid for 7 years, renewable twice for a maximum of 21 years. Both product and process patents are recognized.
Industrial designs (visual appearance of products — shape, patterns, colors) are registered at the Department of Industry under the Patent, Design and Trademark Act. Design protection lasts 5 years, renewable twice for a maximum of 15 years. The design must be new or original to qualify.
Foreign intellectual property is not automatically protected in Nepal. Section 21B of the Act states that title to any patent, design, or trademark registered in a foreign country is not valid unless registered in Nepal. Foreign IP holders must register their rights in Nepal for enforcement.
Nepal is a member of: WIPO (World Intellectual Property Organization), Paris Convention for the Protection of Industrial Property (joined 2001), Berne Convention for Literary and Artistic Works (2006), and TRIPS Agreement as a WTO member since 2004. These require minimum IP protection standards.
Yes. Trademarks, copyrights, patents, and other IP assets are considered property under Nepal law and are subject to division during property partition in divorce proceedings. The value of IP assets is assessed and divided as part of the marital estate.
First offence: fine of NPR 10,000–100,000 or imprisonment up to 6 months, or both. Repeat offenders face double penalties. Infringing materials and devices are confiscated. The offender may also be ordered to pay compensation to the copyright owner.
File a complaint at the Copyright Registrar's Office or the District Court within 3 months of knowledge of infringement. Attach evidence of ownership (registration certificate, original work) and proof of infringement.
The following cannot be copyrighted: thoughts, religions, news, methods of operation, concepts, principles, court judgments, administrative decisions, folk songs, folk tales, proverbs, and general data — even if expressed or explained in a work. Only the original expression of ideas is protectable, not the underlying ideas themselves.
Online businesses must protect trademarks from digital infringement and counterfeit goods. The Electronic Commerce Act 2081 and Electronic Transactions Act 2063 provide additional protections for digital IP including software, databases, and online content.
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