Introduction to Industrial Design Registration in Nepal
As per Section 2 (b) of the PDTA, “Design” means the form or shape of any material manufactured in any manner. Industrial Designs Registration Process in Nepal . In Nepal it handles by the Department of Industry (DoI) under the Patent, Designs, and Trademark Act, 2022 (1965). Medha Law and Partners Is a leading law firm in Nepal.
Eligibility Requirements for Industrial Design Registration
To apply, you must meet the required things:
- Who can apply? Any individual, company, or foreign applicant can apply.
- Eligible designs: The design must be new, unique, and visually different from existing ones.
- Ineligible designs: Designs that harm public morality, national interest, or are already registered cannot be approved.
Foreign applicants can also apply through international treaties like the Paris Convention as prescribed by the PDTA
Step-by-Step Process of Industrial Design Registration
How the registration process functions:
- File an application at the DOI with all required documents.
- The department examines the design for originality and legal compliance.
- If approved, the design is published for public notice.
- If no objections arise, the DOI grants a certificate and registers the design.
- The owner gets exclusive rights to use the design.
Necessary Documents for Industrial Design Registration
To apply, may need:
- Application form (as per Schedule 1(b))
- 4 copies of design drawings
- Detailed description of the design
- Proof of ownership
- Authorization letter (if filed by an attorney)
Timeline for Industrial Design Registration in Nepal
The process takes around 9 months. Delays can happen if:
- The design is already registered.
- The application is incomplete.
- There are objections from the public.
Once registered, the design is protected for five years, with renewal options.
Cost and Government Fees for Design Registration
According to the PDTA of Schedule 3:
| Fee Type | Amount (NPR) |
| Application Fee | NPR 1,000 |
| Registration Fee | NPR 7,000 |
| Renewal Fee (First Time) | NPR 1,000 |
| Renewal Fee (Second Time) | NPR 2,000 |
Failure to pay fees can lead to cancellation of the registration.
Checklist for Filing an Industrial Design Application
Before filing, make sure:
- Check the originality of the design.
- Prepare drawings, descriptions, and required documents.
- Pay the necessary fees.
- Ensure that your design does not violate legal prohibition.
Laws Governing Industrial Design Protection in Nepal
It governed by the Patent, Design, and Trademark Act, 2022 (1965)
- Paris Convention for the Protection of Industrial Property 1883 as prescribed by the PDTA
Authorities Responsible for Industrial Design Registration
The Department of Industry (DOI) is responsible for:
- Receiving applications and conducting examinations.
- Issuing registration certificates.
- Handling objections and enforcing legal actions.
Industrial Design Protection Services in Nepal
Services are available to help with industrial design registration, including:
- Legal consultation for filing applications.
- Professional design strategy planning.
- Legal representation in case of disputes.
Advantages of Registering Industrial Design in Nepal
- Exclusive ownership rights for 5 years.
- Legal protection against copying or misuse.
- Improved business value and brand recognition.
- Opportunity to expand internationally.
Renewal and Maintenance of Industrial Design Registration
- A registered design is valid for 5 years.
- It can be renewed twice, each for 5 years.
- Renewal must be done before expiration by paying the fee as per the Schedule 3 of PDTA.
- If not renewed within six months of expiration, it gets canceled automatically.
Common Reasons for Industrial Design Registration Rejection
- The design is not new or original.
- It violates morality, public interest, or national policies.
- The application is incomplete or incorrect.
- The design is already registered by someone else.
Enforcement and Protection Against Design Infringement
If someone copies a registered design, the owner can:
- File a complaint with DOI for legal action.
- Seek fines or penalties against the infringer.
- Get the infringing products confiscated.
Anyone violating the law can be fined up to NPR 50,000, and illegal products may be seized.
International Industrial Design Registration in Nepal
Nepal recognizes foreign design registrations through international treaties.
- Designs registered abroad can be directly registered in Nepal by submitting the foreign registration certificate.
- Nepal follows the Paris Convention for design protection.
Frequently Asked Question
What is an industrial design in Nepal?
It is the unique shape, form, or appearance of a manufactured product, registered to protect its originality.
Who can apply for industrial design registration?
Any individual, business, or foreign applicant with a unique design can apply for registration with the Department of Industry (DOI).
How long does industrial design registration take?
The process usually takes between around 9 months.
What documents are required for registration?
You need an application form 4 copies of the design drawing, a description, proof of ownership, and an authorization letter if using a lawyer.
How long does industrial design protection last?
The registration is valid for 5 years, with the option to renew it two times
How much does industrial design registration cost?
The cost includes an application fee, registration fee, and renewal charges as per government rules.
Can foreign applicants register a design in Nepal?
Yes, foreign applicants can register through international treaties like the Paris Convention as prescribed by the Patent, Designs and Trademark Act, 2022 (1965)
What happens if my design is copied without permission?
You can file a legal complaint with the DOI, which may result in fines, penalties, or confiscation of the infringing products.
Can an industrial design be canceled after registration?
Yes, the DOI can cancel a design if it violates public interest, is proven to be copied, or if the renewal fees are not paid on time.
Where do I apply for industrial design registration?
You must submit your application to the Department of Industry (DOI), which is the official authority handling design registrations in Nepal.