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Authorities And Organization Dealing with Intellectual Property in Nepal

The Department of Industry (DOI)

The Department of Industry (DOI) is the key agency responsible for the administration and
governance of industrial intellectual property rights in Nepal. Some key facts about the
Department:

Institutional Setup: DOI operates under the Ministry of Industry, Commerce and Supplies as the
agency mandated to administer industrial property laws and regulations.

Legislative Framework: DOI implements the prevailing Patent, Design and Trademark Act of
Nepal to govern patents, industrial designs and trademarks.

Functions: Key functions performed by DOI include:

➢ Registration of patents, industrial designs and trademarks applied for in Nepal.

➢ Maintaining national registers and databases for granted industrial IP rights.
➢ Disseminating information on registered industrial IP to the public.
➢ Examining patent and industrial design applications for compliance with statutory
requirements.
➢ Renewal and grant of exclusive rights for registered industrial IP like patents and
trademarks.
➢ Cancellation and opposition proceedings against registered industrial IP on prescribed
legal grounds.
➢ Collecting fees prescribed for application processing and grant of industrial IP rights.
➢ Creating awareness on industrial property rights among stakeholders.
➢ Participating in negotiations for international treaties and agreements related to industrial
IP.

Administration: DOI is headed by a Director General. It has internal units like the Patent
Section, Trademark Section,. to handle various functions and industrial IP types.

Modernization Efforts: DOI is currently working to upgrade industrial IP administration through

computerization, online filing systems, ICT enablement and institutional capacity building with
WIPO's support.

In summary, the Department of Industry is the nodal agency mandated to administer Nepal's
industrial property regime as specified under the prevailing national IP legislation.

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Copyright Registrar's Office

The Copyright Registrar's Office is the primary authority responsible for the administration and
governance of copyright in Nepal. Some key details:

Institutional Setup: It functions under the Ministry of Culture, Tourism and Civil Aviation as
the agency designated to implement Nepal's copyright law.

Legislative Framework: The Copyright Registrar's Office administers the prevailing Copyright
Act of Nepal to govern copyright protection.

Key Functions: Main functions include:

➢ Registering copyrightable works applied for protection in Nepal.

➢ Maintaining a national registry of copyrighted works.
➢ Issuing public notices regarding registered copyrights.
➢ Renewing and providing exclusive rights for terms prescribed in the Copyright Act.
➢ Assisting in copyright enforcement, objection and dispute resolution.
➢ Collecting prescribed fees for copyright registration and other services.
➢ Undertaking awareness and educational activities related to copyright.
➢ Advising the government on copyright policy reforms.

Administration: Headed by the Copyright Registrar appointed by the government, it has a

dedicated structure and personnel for copyright matters.

Current Efforts: The Office is working on modernization initiatives like digitization, online
systems and capacity building with technical support from WIPO.

In summary, the Copyright Registrar's Office is the administrative authority established to

implement Nepal's copyright regime in line with the governing copyright legislation.

The Department of Archive (DOA)

The Department of Archive (DOA) serves as the central archival authority and custodian of
records for the Government of Nepal. Though it is not directly involved in the administration of
IP rights like patents, trademarks or copyrights, the DOA plays a vital role in the IP ecosystem in
several ways:

Preserving Historical Records and Prior Art:

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➢ The National Archive maintained by DOA contains official records, manuscripts,

publications, audio-visual materials dating back hundreds of years. Many of these contain
valuable intellectual property that needs preservation and protection under copyright or
industrial design laws.
➢ Researchers can access these archival records to search for prior art references before
filing for new patents or trademarks. The archive helps establish the novelty of the
invention or creative work.
➢ Old texts, grimoires, manuscripts preserved at the National Archive can contain
knowledge that may be considered trade secrets or traditional knowledge under IP laws.
DOA helps protect such intellectual assets.

Recording Legislative History of IP Laws:

➢ The National Archive houses a comprehensive collection of old legislation and

government gazettes that provide a legislative history of the evolution of Nepal's IP laws
and regulations over decades.
➢ Studying this legislative history helps understand the rationale and basis of the country's
current IP rules and policies. It aids in interpreting any ambiguities in existing laws.

Publishing IP Related Rules and Regulations:

➢ DOA is tasked with the responsibility of publishing the official Nepal Gazette which
contains new Acts, Bills, rules, regulations issued by the government. This includes IP
related laws and amendments.
➢ The Nepal Gazette serves as the official means of notifying the public about changes to
IP frameworks like copyright terms, fees, processes etc.

Preserving IP Deeds and Agreements:

➢ The National Archive maintains licensing contracts, IP assignment deeds, copyright

transfer certificates deposited by creators and applicants as legal proof of ownership and
transaction history of IP rights.
➢ This provides an evidence base to establish validity of IP rights in case of disputes. The
archival records can act as legal evidence in courts.

Documenting Copyright Registration:

➢ DOA manages the registration of books and publications released in Nepal. This creates a
formal record of copyrighted works and their owners.
➢ The dated registry helps establish first evidence of ownership, which authors and
publishers can use to claim copyright in case of infringement.

Thus, while DOA is not directly involved in granting and administering IP rights in Nepal, it
plays a crucial supporting role through its archival preservation and record-keeping activities. Its

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repository of historical records, legislative documents and IP deeds provides an important

knowledge base and evidence source for the country's IP framework.

Customs Office, Post Office, Police Department and Nodal Office in relation to intellectual
property rights enforcement and administration in Nepal:

Customs Office:

➢ The Customs Office of Nepal is responsible for monitoring imports and exports at all
border crossings, airports, and ports. This includes checking for IP-infringing and
counterfeit goods.
➢ Customs officers have the power to seize and detain any consignments containing fake
trademarks, pirated copyright goods, or goods/technology infringing patents and
industrial designs under the relevant IP laws.
➢ They play a key role in enforcing copyrights, trademarks, patents, and geographical
indications at the border to prevent trafficking of counterfeits and illegal imports or
exports.
➢ Customs valuations and import/export duties levied by Customs on IP-protected goods
coming into Nepal also help by reducing losses caused by fakes and cross-border theft.
➢ The Customs IPR Cell deals with IP-related investigations, complaints, and policy
enforcement. It conducts raids based on intel and takes IP crime cases to commercial
courts.
➢ Customs also issues registration certificates to IP right holders to help identify real vs
fake goods at checkpoints. Rights holders can also record their IP with Customs for
monitoring.

Post Office:

➢ The Postal Customs Office has the authority to inspect parcels, packages, and mail being
delivered via post for counterfeit and pirated goods as per Universal Postal Union
treaties.
➢ Nepal Post helps IP right owners reduce piracy circulation by identifying pirated CDs,
DVDs, books, etc. and returning them to the sender instead of delivery.
➢ If the sender cannot be identified, such pirated materials are handed over to the police.
Nepal Post avoids unwittingly facilitating IP infringement.
➢ Postal customs can detain repeat shipments from known traffickers of counterfeit goods.
Coordinates with international posts and customs to trace infringers.

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Police Department:

➢ Nepal Police has a dedicated Cybercrime Investigation Bureau to tackle online piracy,
counterfeiting, copyright and trademark theft.
➢ Police are authorized to conduct raids on warehouses, retailers, manufacturers based on
complaints and intel of infringing activities and can seize all materials.
➢ Works with INTERPOL IP Crime unit to tackle cross-border counterfeiting and piracy
networks through information exchange and coordinated enforcement.
➢ Submits IP crime cases to relevant authorities for prosecution. Conducts public awareness
on piracy harms.

Nodal Office:

➢ The Nodal Office was established under the Copyright Act to facilitate copyright
licensing and royalty collection for creative works.
➢ Maintains a database of copyrighted works and their owners/authors. Serves as a
licensing hub for the music, media, and entertainment sectors.
➢ Enables collective management organizations (CMOs) to be formed in different
copyright sectors to consolidate management and licensing.
➢ Nodal Office oversees and empowers CMOs to legally license copyrighted works, set
royalty rates, negotiate licensing deals and enforce rights.
➢ Royalty collections are distributed transparently to members after deducting expenses.
Provides a streamlined monetization system.

Nepal Standard and Quality office relating to the National Standard Mark as an authority
related to intellectual property in Nepal:

➢ The Nepal Standard (Certification) Mark (NS Mark) is administered by the Nepal
Standards and Quality Office to indicate product quality as per Nepal standards.
➢ Obtaining an NS Mark for a product requires conformance testing and certification by the
NSQ Office against the relevant Nepal standards.
➢ The NS Mark implements quality standards and specifications in different domestic
industries. It promotes consumer safety and prevents substandard imports.
➢ The NS Mark is a certification trademark protected under the Patent, Design and
Trademark Act of Nepal. Its unauthorized use on non-certified products is an IP
infringement.

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➢ NSQ Office conducts periodic market surveillance to check for misuse of the NS Mark
on non-compliant products and takes strict action including NS Mark cancellation and
penalties.
➢ NSQ Office works to develop new Nepal standards in different technical fields through
expert committees. Helps industries align with global standards.
➢ Testing labs are designated by NSQ Office to assess products and issue NS Mark
certificates only to qualifying products as per standards.
➢ Obtaining an NS Mark boosts consumer trust and provides a marketing edge to producers
and traders of certified goods in Nepal.
➢ The NS Mark system thus promotes IP protection along with higher quality standards,
safety and technical compliance of goods produced or sold in Nepal.

In summary, the Nepal Standards and Quality office plays a key role in IP administration through
its National Standard Mark certification scheme which implements mandatory standards and
prevents unauthorized use of the protected NS Mark.

Collective Management Organizations (CMOs) and their role related to intellectual

property rights in Nepal:

➢ CMOs are member organizations that collectively manage and administer copyright or
related rights on behalf of creators and rights holders.
➢ They provide centralized licensing services, collect and distribute royalties, and enforce
rights in cases of copyright infringement.
➢ The Copyright Act of Nepal recognizes and facilitates the establishment of CMOs in
different creative sectors like music, literature, visual arts, etc.

Major CMOs in Nepal:

Music Royalty Collection Society of Nepal (MeRo Sur)

➢ Established in 2007 as the first CMO in Nepal for musical works and recordings
➢ Represents over 1500 music creators including lyricists, composers, singers, musicians
➢ Has licensing agreements with radio, TV, internet/telecom companies for public
performance rights
➢ Collects royalties from public performances, digital streaming, ringtones, music-on-hold
etc.
➢ Collected over Rs 2.5 crores in royalties in 2021-22 fiscal year
➢ Royalty distribution to members done quarterly based on radio/TV airtime logs and
streaming usage analytics
➢ Certifies karaoke machines and collects royalty per song from bars/pubs who use them

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Copyright Protection Society of Nepal (CPSN)

➢ Founded in 2008 as CMO for literary works like books, articles, journals, magazines
➢ Over 700 members comprising writers, publishers, content creators
➢ Licenses publishers, educational institutes for textbook reprints and compilations
➢ Collects photocopying royalties from colleges and libraries on a per page rate
➢ Royalty earnings distributed annually to members based on sample surveys of
photocopied usage
➢ Maintains online registry of over 10000 copyrighted literary works of members

Audio Visual Production Association (AVPA)

➢ Established in 2011 for audiovisual content creators

➢ 500+ members including filmmakers, composers, lyricists, singers
➢ Licenses TV channels for broadcasting rights of Nepali films and music videos
➢ Collects royalty revenue from TV broadcasters and cable operators based on their region,
subscriber number
➢ Royalty distributed quarterly to members as per broadcast logs and usage data
➢ Working to extend licensing and royalties to OTT streaming services and YouTube

Nepal Association of Photographers (NAP)

➢ NAP is a non-profit organization established in 2017 to collectively manage copyright

and licensing of photographic works in Nepal.
➢ It has over 300 member photographers who assign usage rights of their photos to NAP
for centralized management.
➢ NAP maintains a digital registry and catalog of images created by member photographers
along with metadata.
➢ It licenses usage of photographs to publishers, advertisers, online portals and other
businesses for a fee and outlined usage terms.
➢ NAP monitors and takes action against unauthorized usage of members' photographs
thereby preventing copyright infringement.
➢ It also educates photographers on copyright laws, ethical practices, and plagiarism issues
through workshops.
➢ By collectively administering licensing and royalties for photographic works, NAP
provides economies of scale and better monetization for photographers.
➢ It has enabled the professionalization of commercial photography in Nepal through
structured licensing and copyright protection.

Film Development Board (FDB) and its role relating to intellectual property rights in the
film industry in Nepal:

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➢ The Film Development Board was established under the Nepalese Film (Development
and Promotion) Act in 1987.
➢ It functions under the Ministry of Information and Communications to promote the
development of the Nepali film industry.
➢ FDB maintains a registry of films produced and released in Nepal. Films must be
registered with FDB.
➢ This registry creates a record of copyright ownership for Nepali films which protects
against infringement.
➢ FDB issues Exhibitors' Certificates to cinemas for screening registered Nepali films after
checking legitimacy.
➢ It facilitates obtaining copyright licensing from film producers or studios for use of
Nepali film content.
➢ FDB can initiate prosecution against unapproved exhibiting, piracy and unauthorized use
of cinematographic films under the Act.
➢ Works towards establishing a collective management organization (CMO) for
audiovisual licensing and royalties, similar to music CMOs.
➢ Organizes programs for promoting knowledge on intellectual property rights among film
industry stakeholders.
➢ Provides recommendations to the government regarding policies and reforms for
protecting IP assets and combating piracy in the film sector.

In summary, the Film Development Board plays an important role in copyright administration
for the movie industry in Nepal through registry, licensing support and anti-piracy initiatives.

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