Draft:Intellectual property in Nepal

• Comment: Please do not number the sections. DoubleGrazing (talk) 13:18, 22 September 2025 (UTC)

• Comment: Do not offer your own opinion or commentary, merely summarise what reliable sources have previously published.
  Also, do not include a 'conclusion' section at the end. Encyclopaedia articles leave it for the reader to draw their own conlusions. DoubleGrazing (talk) 13:18, 22 September 2025 (UTC)

• Comment: Please remove all inline external links from the draft, there should be no links pointing to external resources until the 'References' section. Convert the ones that could be used as references into inline citations. It would also be much preferred that you cite your sources by way of inline citations, rather than merely listing them at the end without citing; that way it would be much easier to see where each bit of the content has come from, and how much of this is unreferenced. See WP:REFB for advice on referencing using the preferred method of dynamic inline citations and footnotes. DoubleGrazing (talk) 13:16, 22 September 2025 (UTC)

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Intellectual property rights (IPR) laws and acts in Nepal have evolved significantly to protect the creations and innovations of individuals and businesses, fostering economic growth and encouraging creativity. The legal framework governing IPR in Nepal includes key legislations that cover national interests and global alignment.

Laws like the "Patent Design and Trademark Act" (1965)^[1] and the "Copyright Act" (2002)^[2] were enacted to safeguard creators' intellectual assets and encourage innovation. Despite these advancements, the rise of digital platforms and global markets has introduced new challenges, such as piracy and counterfeiting, highlighting the need for robust regulatory frameworks to protect IP, ensure fair competition, and support creators in an interconnected world.

Background

Intellectual property (IP) refers to creations of the human mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These intangible assets are protected through Intellectual Property Rights (IPR), which grant exclusive rights to their creators. Unlike physical property, which can be owned, sold, or transferred, intellectual property cannot be touched or seen but is equally valuable. IPRS incentivize innovation by ensuring creators can benefit from their labor, fostering creativity and technological advancement..^[3] The concept of property has existed since the earliest human civilizations, where tangible assets like food and tools were considered property.However, with the invention of the printing press in the 15th century, the formalization of intellectual property (IP) as a distinct legal category began, marking the recognition of copyright for literary works. Over time, international treaties such as the Paris Convention (1883)^[4] and the Berne Convention (1886) emphasized the global importance of protecting intellectual creations. As technology and globalization advanced, intellectual property became increasingly significant in driving economic development, prompting legal frameworks in countries like the U.S., U.K., India, and Nepal.

History

Nepal introduced its first significant intellectual property law with the Patent, Design, and Trademark Act of 1936 (1993 BS)^[5]. While foundational, the law was criticized for being outdated, especially in the face of digital challenges.

To address contemporary issues like online piracy, digital rights management, and traditional knowledge protection, the Patent, Design, and Trademark Act of 1965 (2022 BS) was enacted, replacing the older law.^[6]

In response to the evolving digital landscape, Nepal introduced Copyright Act of 2059 B.S.^[7], followed by the Copyright Rule, 2061 (2004), and amendments.^[8] The Nepal Copyright Registrar's Office handles registration and other administrative tasks related to copyright law.

In 2004, Nepal became a member of the World Trade Organization (WTO), aligning its IP laws with international standards, notably the TRIPS Agreement, triggering further reforms in Nepal's IP framework.^[9]

As Nepal integrates into the global economy, the country has sought assistance from the World Intellectual Property Organization (WIPO) to modernize its IP laws. Focus areas include digital industries, traditional knowledge, and cultural heritage protection, all contributing to technological innovation and cultural preservation.^{[citation needed]}

Nepal is set to take a significant step with the Draft Copyright Act of 2024, proposing the creation of an Intellectual Property Police to combat IP theft and strengthen enforcement, marking a major leap in protecting intellectual property rights.^[10]

References

1. Medhacorplaw (2025-05-14). "Patent Registration in Nepal 2025". MedhaCorpLaw. Retrieved 2025-09-25.
2. Medhacorplaw (2025-05-14). "Copyright Registration in Nepal". MedhaCorpLaw. Retrieved 2025-09-25.
3. "What is Intellectual Property (IP)?". about-ip. Retrieved 2025-09-24.
4. "Paris Convention for the Protection of Industrial Property". www.wipo.int. Retrieved 2025-09-24.
5. "Apexlaw". Nepalese Legal Journal.
6. "The Patent-Design-and-Trademark-act-2022-1965". उद्योग विभाग (in np). Retrieved 2025-09-25.
7. "प्रतिलिपि अधिकार ऐन, २०५९ | Nepal Law Commission". lawcommission.gov.np. Retrieved 2025-09-25.
8. https://www.nepalcopyright.gov.np/downloadfile/Copy%20Right%20Rules%202004_1344933454_1573123176.pdf ^{[bare URL PDF]}
9. "WTO | Nepal - Member information". www.wto.org. Retrieved 2025-09-25.
10. Administrator, Admin. "Nepal's Draft Copyright Act, 2024 proposes creation of Intellectual Property Police". Asia IP. Retrieved 2025-09-25.

Category: Intellectual property law Category: Law of Nepal Category: Economy of Nepal