Protection of Industrial Design:

In Nepal, effective protection of Design is properly secured only by registration. The creation of Design rights under Nepal Law is also ‘first to file within the jurisdiction’.

Time frame for filing application to registration of Industrial Design:

Normally 6 months to 1 year

Claiming priority under Paris Convention:

Yes

Registration Procedure:

Upon receipt of application, DOI shall conduct formality examination. A formality examination will be made to determine whether the application fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing. Upon completion of formality examination, DOI shall conduct substantive examination. Substantive examination will be carried out by the examiners and will be thoroughly checked whether:

1. The claimed design is protectable subject matter or not. As functional designs are not registrable under the Patent Design and Trademark Act 2022.
2. The claimed design has novelty and originality concept. The words new or original involve the idea of novelty either in the pattern, shape or ornament itself or in the way in which an old pattern shape or ornament is to be applied to some special subject matter.
3. Design can be applied to articles or not. An article to which the design is to be applied must be something which is to be delivered to the purchasers as a finished article.
4. Design has eye appeal or not. There must be a special, peculiar, distinctive, significant or striking appearance- something catches the eye.
5. It can be applied for practical purposes for its utility or the industrial applicability.

Registration Duration:

5 years from registration date.

Renewal Duration:

5 years and can be renew in two times only. Registrant of Design shall enjoy
his/her exclusive right over Design is 15 years, then after such Design falls under public domain.

Renewal Application:

Within 35 days from the date of expiry

Grace period for Renewal:

Within Six months after the expiry of the time-limit for renewal

Filing requirements

For Industrial Design registration in Nepal

1. A Certified/Notarized copy of Home Registration Certificate or Certificate of
   Registration in any other country in English translation duly attested by a Notary Public or other concerned authority.
   OR,
   Notarized/certified copy of Filing Receipt or application in English language in case of Priority Claim application.
2. A certified/Notarized copy of Application and Power of Attorney, duly signed sealed and counter signed by two witnesses of the applicant Company.
3. Five sets of Notarized design with its description and photographs/drawings of the object taken from all sides. Photographs may be of post card size.

For renewal of Industrial Design in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
2. Original Nepalese Registration Certificate for endorse.

For Assignment of Industrial Design in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
2. A certified/ notarized copy of Deed of assignment, along with its authenticated translation in English version certified by Notary Public.
3. Original Nepalese Registration Certificate for endorse.

For Change of Name/Address of Industrial Design application/Registration in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
2. A certified/ notarized copy of change of Name/Address certificate of Home Country, along with its authenticated translation in English version certified by Notary Public.
3. Original Nepalese Registration Certificate for endorse.

For to obtain Duplicate copy of Registration Certificate of Industrial Design in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.