Topic 8 · IP Protection

Intellectual Property Rights

Protect your brand, designs, and innovations before competitors copy them. Nepal's IP system is improving — act early.

Quality Certifications →
Trademark Copyright Patent GI Tags Trade Secrets

Trademark Registration

A trademark protects your brand name, logo, and tagline. It's your most valuable IP asset as an SME.

Registration Process

1
Search existing marks
Check IPOD's online database at ipod.gov.np. Make sure your mark isn't already taken in your product class.
2
File application at IPOD
IP Office Department, Tripureshwor, Kathmandu. Submit: TM application form, logo (high-res), class declaration, citizenship, NPR 3,000–8,000 fee.
3
Examination (3–6 months)
IPOD examines for conflicts. They may send an objection — you have 30 days to respond with arguments.
4
Publication & Opposition (3 months)
Approved marks are published in Nepal Gazette for 3 months. Anyone can oppose. If no opposition → granted.
5
Certificate issued
Trademark valid 7 years from filing date. Renewable indefinitely for NPR 2,000–5,000 each renewal.

Nice Classification — Pick Your Class

ClassProducts
Class 29Processed food, dairy, meats, preserved vegetables
Class 30Tea, coffee, spices, rice, flour, sauces, condiments
Class 31Fresh fruit, vegetables, plants, live animals
Class 25Clothing, footwear (garments, knitwear)
Class 14Jewelry (silver, gold, gemstones)
Class 21Handicrafts, household items, baskets
Class 35Retail, advertising, business services
Class 43Food services, hotels, restaurants
💡
File in ALL relevant classes. Competing firms can register the same mark in a different class and legally use it.

Copyright Protection

Copyright protects original creative works — it exists automatically from creation, but registration adds legal strength.

What Copyright Covers

✅ Original written works (manuals, marketing content, books)
✅ Designs and artwork (product patterns, packaging art, logos as artwork)
✅ Photographs and videos (product photos, promotional videos)
✅ Software and code
✅ Music and audio
✅ Traditional knowledge (if documented and owned by community)
❌ Not covered: ideas, processes, methods, facts, names (use trademark for names)

Registration at Nepal Copyright Registrar

Office: Copyright Registrar, Ministry of Education, Keshar Mahal, Kathmandu
Cost: NPR 500–2,000 depending on work type
Duration: Life of creator + 50 years
For companies: 50 years from publication
Tip: Keep dated drafts of your creative work as proof of creation even without formal registration. WhatsApp yourself the file — digital timestamps can be evidence.

Patents & Industrial Designs

Patents in Nepal

Patents protect new inventions that are novel, inventive, and industrially applicable.
Filed at: IPOD, Tripureshwor
Duration: 7 years (renewable 2× = max 21 years)
Cost: NPR 10,000–50,000 (professional drafting adds NPR 20,000–100,000)
Reality check: Nepal patents protect only within Nepal. For export markets, you need patents in each target country. Consider PCT (Patent Cooperation Treaty) for international protection — file via WIPO.

Industrial Design Registration

Protects the visual appearance of a product — shape, pattern, color, ornamentation. Not the function.
Good for: Unique packaging shapes, textile patterns, furniture designs, handicraft motifs.
Filed at: IPOD
Duration: 5 years (renewable)
Cost: NPR 5,000–15,000
Must be new and original — not published or used anywhere before filing date.

Geographic Indication (GI) Tags

GI tags protect products that have a specific geographical origin and possess qualities or reputation due to that origin.

Registered Nepal GI Products

🧣 Pashmina — luxury shawl from Himalayan Chyangra goat
🧵 Dhaka Fabric — hand-woven cotton textile from Terhathum/Palpa
🍵 Ilam Tea — high-altitude Orthodox tea from Ilam district
🍯 Himalayan Honey — wild cliff honey from Upper Mustang/Dolpa
🧘 Tibetan-style Thangka — traditional Buddhist painting
🌿 Timur (Sichuan Pepper) — from specific high-altitude districts

How to Get GI Tag for Your Product

1
Organize as association
GI tags are granted to associations/collectives representing producers, not individual businesses.
2
Document the origin link
Prove the product's quality or reputation is specifically linked to the geographic area (soil, climate, tradition).
3
Apply at IPOD
File GI application with product description, production standards, geographic boundary map, control mechanism.
4
Gazette publication + opposition
Same process as trademark — 3 months opposition period. IPOD grants GI if no objection.

Trade Secrets & Confidentiality

What Qualifies as a Trade Secret

✅ Recipes, formulas, and blending techniques
✅ Customer and supplier lists with pricing
✅ Manufacturing processes and quality tricks
✅ Business strategies and unpublished plans
✅ Software algorithms and code
Key requirement: You must actively keep it secret. Once it becomes public, it's no longer protected.

Protecting Trade Secrets

☐ Sign NDA (Non-Disclosure Agreement) with all employees, contractors, distributors
☐ Limit access — only staff who "need to know" get access to secret processes
☐ Include non-compete clauses in employment contracts (enforceable in Nepal for 1–2 years)
☐ Password-protect all digital files with proprietary information
☐ Mark documents "Confidential" and track who receives them

NDA Template Elements (Nepal)

A valid NDA in Nepal should include: party names + PAN numbers, definition of confidential information, exclusions (what's not confidential), duration of obligation (typically 2–5 years), permitted disclosures (to lawyers, courts), and dispute resolution clause (arbitration in Kathmandu).
Have NDAs reviewed by a registered Advocate (Nepal Bar Council member). Standard NDA drafting costs NPR 3,000–10,000.
Enforcement: Trade secret misappropriation can be pursued under Nepal's Unfair Competition Act and Civil Code. Seek an injunction + damages.