DESIGNS


LAW

PATENT, DESIGN TRADEMARK ACT, 1965

MEMBERSHIP

    WIPO ESTABLISHING CONVENTION (STOCKHOLM CONVENTION): MEMBER SINCE FEBRUARY 4, 2001

    TRIPS

     

    REGISTRATION

    THE PROCEDURES AND PROVISION IN RESPECT OF THE REGISTRATION OF DESIGNS ARE ALMOST SIMILAR TO THOSE IN RESPECT OF TRADEMARKS EXCEPT THAT THE RENEWABLB PERIOD AND FEES.

    PRIORITY CLAIM

             AVAILABLE UNDER PARIS CONVENTION

    RIGHT ON DESIGN

    • Any body may have a right on a design of any goods under the act, which is made or made to be caused by him, and has been registered in the Department.

    • Ownership of a design may be transfer.

    • No body shall make any goods by using other's design or in a way to manipulate the people in general and copying such design without written consent of the person of whose name design is registered.

    REQUIREMENTS OF FILING OF DESIGN

    1. APOWER OF ATTORNEY SIGNED BY THE APPLICANT SEALED AND ATTESTED BY TWO WITNESSES.

    2. AN APPLICATION FORM EXECUTED AS ABOVE.

    3. A CERTIFIED COPY OF TH EHOME OR FOREIGN REGISTRATION CERTIFICATE ALONG WITH ITS AUTHENTICATED TRANSLATION IN ENGLISH BY A NOTARY PUBLIC.

    4. A DESIGN WITHITS DESCRIPTION AND PHOTOGRAPHS/ DRAWINGS OF THE OBJECT TAKEN FRO ALL SIDES. PHOTOGRAPHS MAY BE OF POST CARD SIZE.

    REGISTRATION OF DESIGN

    • The Department after examination of any application shall register in the name of the applicant.

    • The applicant shall pay prescribe registration fee to the Department to obtain the certificate registration.



    UN-REGISTRABLE DESIGN

    The Design shall not be registered;

    • If it is deemed to make adverse effect in the dignity of any individual or institution or

    • It makes bad effect in the well being and morale of the people in general or in the national interest, or

    • If such design has already been registered to the name of other person

    • The Department also looks whether the design to be registered is new and original.



    The Department may cancel the registration of any design in case if it deems that there is a situation of above.

    TERMS AND RENEWAL

    • The design holder shall have his right on the design for a period of five years from the date of its registration.

    • The design holder shall renew the registration of design within 35 days from the date of expiry.



    PENALTY TO THE VIOLATOR

    • If any body violates the rights of registered design holder may be punished with a fine by the order of the Department and all the goods related with such offence shall be confiscated.



    For obtaining the fee schedule and copies of the required documents for filing a Design Application in Nepal kindly send us an e-mail at
    glap@wlink.com.np

       

      Informations on Intellectual Property Law.