IP Law in Nepal - Introduction

IP law, or Intellectual Property law, is the branch of law that protects creations of the mind. It gives creators and businesses exclusive rights over their inventions, artistic works, brand names, designs, and confidential information. It generally covers four main areas: Copyright protects creative works like books, music, software, films. Trademarks protect brand names, logos, and symbols. Patents protect new inventions or technologies. Trade secrets protect confidential business information such as formulas or processes.

Nepal’s IP system currently operates primarily under two major laws. The Patent, Design, Trademark Act (PDTA) of 1965 which regulates inventions, industrial designs, and trademarks, and the Copyright Act, 2002, which protects creative and artistic works. Together, these laws form the core of Nepal’s IP framework.  

Image Credit: Department of Industry, Government of Nepal (doind.gov.np)

IP registration in Nepal is handled by the Department of Industry (DOI). To register a patent, design, or trademark, applicants must submit an application with the required documents and pay the necessary fees.

Despite having IP laws, Nepal still struggles to enforce them properly. Fake products, copied works, and the use of unregistered trademarks are common. The fines in the older laws are very low, so breaking the rules often costs less than following them. Many creators and businesses also don’t fully understand their rights, and the government lacks strong investigation systems. There is no special court to handle IP cases either, which makes things slower and more complicated. Because of all this, both local and foreign businesses often find it difficult to protect their intellectual property in Nepal.

Seeing these problems, Nepal is working on a new Industrial Property Bill to replace the old 1965 law. The new bill plans to protect more types of intellectual property, such as geographical indications, trade secrets, well-known trademarks, and integrated circuit designs. It also aims to create a separate IP office, improve enforcement, and bring Nepal’s system closer to international standards like the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights, which sets global standards for protecting IP rights among World Trade Organization (WTO) members). If the bill becomes law, it would modernize Nepal’s IP system and help build more trust among investors. However the Copyright Act law remains the same.

The new IP Bill is a positive step toward protecting inventors, businesses, and creators while meeting international standards. As Nepal becomes more connected to the global economy, stronger IP rights will help encourage innovation, attract investment, and support creative industries. Although the system is still developing, it is moving toward clearer rules, better protection, and greater international recognition.

For more insights and detailed resources on intellectual property law in Nepal, visit our publication page at Axcel Law.