RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/NPL/7
12 April 2000
(00-1470)
Working Party on the
Accession of NepalOriginal:  English
ACCESSION OF THE KINGDOM OF NEPAL
Implementation of the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The following information on the Implementation of the WTO Agreement on TRIPS has been
received from the Ministry of Commerce of the Kingdom of Nepal, with the request that it be
circulated to Working Party members.
_______________WT/ACC/NPL/7
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TRIPS Agreement Nepal
General Obligations IP Agreement s to which the country adheres
Compliance with Articles 1 through 12 and Article 19
of the Paris Convention for the Protection of IndustrialProperty in respect of Parts II, III, and IV of the
TRIPS Agreement. TRIPS Article 2.Patent, Design and Trademark Act, 2022 (1965).
Under Paris, Article 1(2), industrial property has as its
object patents, utility models, industrial designs,trademarks, service marks, trade names, indications ofsource or appellations of origin, and the repression ofunfair competition.Sections 2(a), 3(1), 2(b), 12(1), 2(c), 16(1) of Patent
Design and Trademark Act, 2022 (1965) andProvision for the repression of unfair competition is tobe covered.
In Paris.  Article 1(3), industrial property applies notonly to industry and commerce proper, but toagricultural and extractive industries and to all
manufactured or natural products, e.g., wines, grain,
tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.Sections 2(a), 2(b), 2(c), 3(1), 12(1), 16(1), of Patent
Design and Trademark Act, 2022 (1965).
Under Paris, Article 2, nationals of Members are toenjoy in other Members the advantages that theirrespective laws grant to nationals, and shall have thesame protection and the same legal remedy against
any infringement of their rights if they conform to the
conditions and formalities imposed upon the Member'snationals.Sections 21.C, 3(2), 11, 12(2), 15, 16(2), 19 of the
Patent, Design and Trademark Act, 2022 (1965). Thisact has no provision of discrimination betweennationals and foreigners. The provision of double fee
(schedule – 3) for registration and renewal under
section 23 of Patent, Design and Trademark Act, 2022(1965) is not a major differences and does not crateany obstacles. Nonetheless, this provision will beamended.
Paris.  Article 3, requires that nationals of non-Member countries domiciles or that have "real and
effective" industrial or commercial establishments in a
Member country be treated as nationals of a Membercountry.Once industrial property is registered, there is no
provision of discrimination between foreigners and
national.
Under Paris, Article 4.a right of priority is to be given
an applicant for a patent, for registration of a utilitymodel, an industrial design, or of a trademark who hasfiled the equivalent of a regular national filing under
the domestic legislation of a Member country.  The
periods of priority are to be 12 months for patents andutility models, and 6 months for industrial designs andtrademarks.  The Article discusses the technical detailsof granting priority in depth.Right of priority has to be covered in Patent Design
and Trademark Act, 2022 (1965).
Article 4bis states that patents obtained for the sameinvention in various members of the Paris Union are
independent of each other.Section 3 of Patent Design and Trademark Act, 2022
(1965).
Article 4ter requires that inventors have the right to be
named as such in the patent.Sections 2(a), 3(1), 4(1)(a) of Patent, Design and
Trademark Act, 2022 (1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
General Obligations IP Agreement s to which the country adheres
Under Article 4quater restrictions or limitations on the
sale of a patented product or a product produced by a
patented process cannot be the grounds for refusing apatent or invalidating one already issued.  UnderArticle 5(A)(1), importation of a patented productmanufactured in a Paris Union country cannot be the
basis of forfeiture of the patent.  Article 5(A)(2) and
(3) authorize countries to use compulsory licensing asa means to prevent abuses, such as the failure to work,but they may not forfeit a patent unless the grant of acompulsory license would not be sufficient to preventthe abuse.  Proceedings for forfeiture or revocation
cannot be institute until two years after the grant of the
first compulsory license.There is no provision to prohibit Patentability in case
of Restrictions of Sale by Law. There is no provision
of forfeiture of the patent if imported by the registeredpatentee. There is no provision of a compulsorylicense, it is required to be covered in Patent, Designand Trademark Act, 2022 (1965).
Article 5(A)(4) prohibits application for a compulsorylicense for failure to work until four years have passedsince tile application was filed or three years from dateof grant and no compulsory license is to be granted ifthe patentee justifies the failure to work.  Licenses are
to be non-exclusive, and may not be transferred except
with the enterprise or goodwill that exploits thelicense.  Article 5(B) prohibits forfeiture of industrialdesigns for failure to work or for importing articlescorresponding to those that are protected.Provision for a compulsory license is to be covered.
Patent, Design and Trademark Act, 2022 (1965) hasnot made any provision for forfeiture of  design onsuch grounds.
Article 5(C) prohibits cancellation of a mark forunjustified non-use before a reasonable period of time
has passed and permits the proprietor to use differing
elements that do not diminish the distinctive characterof a mark without invalidating the registration ordiminishing the protection granted the mark.Concurrent use of the mark by co-proprietors ispermitted so long as the public is not mislead.Section 18C of the Patent, Design and Trademark Act,
2022 (1965).
Under Article 5(D), protection of patents, registeredtrademarks, and industrial designs cannotThe said conditions of Article 5(D) of Paris
Convention (1967) are not required under Patent,
Design and Trademark Act, 2022 (1965).
Article 5bis requires that a grace period of at least six
months be provided for the payment of maintenancefees for industrial property, but a surcharge ispermissible.  Countries are authorized to restorepatents that lapsed for non-payment of fees.Sections 23B(2) of Patent, Design and Trademark Act,
2022 (1965).
Article 5ter prohibits a Paris Member from making useof patented devices aboard a vessel, aircraft, of land
vehicle temporarily or accidentally in the territory or
the Member.Patent, Design and Trademark Act, 2022 (1965) has
no provision to consider it as infringements of the
rights of a patentee.
Article 5quater requires that process patent owners
have all the rights against an imported productproduced by the patent process that they would havewith respect to products manufactured at home.It has to be covered.
Article 5quinquies requires that Paris Members protect
industrial designs.Sections 2(b), 12(2), 15 of Patent, Design and
Trademark Act, 2022 (1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
General Obligations IP Agreement s to which the country adheres
Article 6 makes the conditions for filing and
registration of trademarks subject to domestic
legislation but also makes filing and registrationindependent of those in other countries, including thecountry of origin.Sections 21B, 21C, 23, 23A of Patent, Design and
Trademark Act, 2022 (1965).
Article 6bis requires parties, ex officio if legally
possible or at the request of an interested party, torefuse to register or, for a period of at least 5 years, to
cancel the registration of a trademark confusingly
similar to a well-known mark.  No time limit is placedon a mark used in bad faith.Section 16(2), proviso of 18(1), 18(3), 19 of Patent,
Design and Trademark Act, 2022 (1965).
Article 6ter requires Members to refuse to register orto invalidate the registration that includes, withoutauthorization, armorial bearings, flags, state emblems,official signs and hallmarks, etc.  An exception is
provided for owners of rights acquired in good faith
before the Convention entered into force for thatcountry.Proviso of Sub-section (1) of Sections 18, Section
18(3) of Patent, Design and Trademark Act, 2022(1965).
Article 6quarter makes the assignment of a mark validif the portion of the business or goodwill of thebusiness together with the exclusive right tomanufacture and sell the goods bearing the mark are
also transferred.Sections 21.D, 16(2) of Patent, Design and Trademark
Act, 2022 (1965).
Article 6quinquies requires that trademarks duly
registered in a Member be accepted for filing in other
Members, with certain reservations, and establishesthe conditions under which a trademark may be deniedregistration or may be invalidated.Section 21.C, Proviso of Subsection (1) of Sections
18, 18(3) of Patent, Design and Trademark Act, 2022
(1965).
Article 6sexties states that Paris Members undertake"to protect service marks without being required toprovide for their registration.Section 2 (c) proviso of subsection (1) of sections 18,
18B of Patent, Design and Trademark Act, 2022(1965).
Article 6septies requires that trademark owners be able
to oppose or request cancellation of a registration of
their trademarks applied for by their agent orrepresentative without their authorization "unless theagent or representative justifies his action.Proviso of Subsection (1) of Sections 18, 18(3), 18C,
20 of Patent, Design and Trademark Act, 2022 (1965).
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle tothe registration of the trademark. (Duplicate language
is in TRIPS Article 15.4.)Sections 21.C, 16(1), 2(c) of Patent, Design and
Trademark Act, 2022 (1965). It is not supposed asrequirement for the registration.
Article 7bis requires that Members permit registration
of collective marks belonging to associations the
existence of which is not contrary to the law of thecountry of origin, even where the association is notestablished in the country where protection is beingsought.Section 21.C of Patent, Design and Trademark Act,
2022 (1965).
Article 8 requires that trade names be protected by
Members without the necessity of registration,
whether or not the names are part of a trademark.Proviso of Subsection (1) of Sections 18, 18(3), 18B
of Patent, Design and Trademark Act, 2022 (1965);
Section 6(1) of Company Act, 2053.WT/ACC/NPL/7
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TRIPS Agreement Nepal
General Obligations IP Agreement s to which the country adheres
Article 9 requires seizure on importation or exclusion
or goods bearing a trademark or trade name without
authorization, unless a country's laws provide forneither remedy, in which case domestic actions andremedies must be available.Sections 19, 25 of Patent, Design and Trademark Act,
2022 (1965); Seizure on importation and prohibition
on importation is to be covered.
Article 10 applies the obligation of Article 9 to thedirect or indirect use of false indications of source ofgoods, or false indication of the producer,
manufacturer, or merchant of such goods.It has to be covered.
Article 10bis requires Members to provide protection
against unfair competition, including against acts thatcreate confusion of various kinds about the goods oractivities of a competitor, that consist of falseallegations about a competitor, or that are apt tomislead the public regarding a competitor's goods.It also has to be covered. Section 25 of Patent, Design
and Trademark Act, 2022 (1965).
Article 10ter requires that Members undertake to
assure to foreign nationals effective legal remedies to
repress actions referred to in Articles 9, 10 and 10bis,and to allow federations and associations representingforeign businesses, on the basis of reciprocity, to takeaction in court and before administrative authorities torepress such acts.Section 25 of Patent Design and Trademark Act, 2022
(1965) and other remedies to repress actions referred
to in Articles 9, 10 and 10 bis of Paris Convention(1967) are to be covered; Sections 20, 21A(2) ofPatent, Design and Trademark Act, 2022 (1965).
Article 11 requires that temporary protection.consistent with domestic legislation, be afforded to
patentable inventions, utility models, industrial
designs and trademarks in respect of goods exhibitedat official or officially recognized internationalexhibitions held in their territory.It has to be covered.
Article 12 requires Members to establish industrial
property offices for patents. utility models, industrialdesigns and trademarks for the communication to the
public through publication of a periodic journal of the
names of patent owners with a brief designation oftheir inventions, and the reproduction of trademarks.Sections 2(d), 21A(1), 22 of Patent, Design and
Trademark Act, 2022 (1965).
Article 19 authorizes Members to enter into separateand special industrial property agreements amongthemselves, so long as those agreements do notcontravene the provisions of Paris.Nepalese Intellectual Property Rights laws do  not
prohibit the making separate agreements with othercountries.
National treatment, with exceptions allowed in the
Paris, Berne and Rome Conventions.  Article 3.There is no provision of discrimination between
nationals and foreigners.
Most favoured nation treatment, with enumeratedexceptions.  Article 4.There is no provision of discrimination between
foreignersWT/ACC/NPL/7
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TRIPS Agreement Nepal
Copyright and Neighbouring RightsCitation to copyright and related laws
Compliance with Articles I through 21 of the Berne
Convention with the exception of Article 6bis, Article9.1.Copyright Act, 2022 (1965).
Article 2 defines "literary and artistic works" as "every
production in the literary, scientific and artistic
domain whatever may be the mode or form of itsexpression," giving examples. Limitations related tospeeches are provided in Article 2bis.Section 2(1)(a) of Copyright Act, 2022 (1965).
Article 3 requires that protection be provided to the
works of authors who are nationals of Berne Unionmembers and to works of nationals of non-Unioncountries if those works are published in a Union
member simultaneously with publication in the
non-Union country.Section 2(1)(c), Sections 3(1)(2), 15, 16, 17, 18, 19 of
Copyright Act, 2022 (1965).
Article 4 requires that protection be providedcinematographic works not falling under Article 3 ifthe maker has a headquarters or habitual residence in aUnion member and to works of architecture or artisticworks incorporated into a building or structure in a
Union member.Sections 2(1)(c), 3(1), 3(2), 15, 16, 17, 18, 19 of
Copyright Act, 2022 (1965).
Article 5 requires that authors enjoy the rights requiredby Berne and any other rights a country providesworks on a national treatment basis without beingsubject to any formalities.Sections 3(1), 3(2), 6, 8,10 of Copyright Act, 2022
(1965).
Article 7 requires that the term of protection forcopyright be 50 years following the death of theauthor.  Special terms are authorized for
cinematographic works, anonymous or pseudonymous
works, photographic works and works of applied art.Article 8 gives authors of protected works theexclusive right to make or authorize the making oftranslations of the work.Sections 8(1), (8(2), 9 of Copyright Act, 2022 (1965).
Sections 2(1)(a)(1), 2(1)(d), 10 of Copyright Act, 2022
(1965).
Article 9 requires that authors be given the exclusive
right to authorize reproduction of the work in any
manner or form with only limited exceptions that do
not conflict with the normal exploitation of the workand do not unreasonably prejudice the legitimateinterests of the author.Sections 10, 4, 11, 12, 13, 14 of Copyright Act, 2022
(1965).
Articles 10 and 10bis define certain authorized "freeuses of works".Section 15(2) of Copyright Act, 2022 (1965).
Articles 11, 11bis, and 11ter require that authors of
dramatic, dramatico-musical and musical works andany translation thereof and authors of literary and
artistic works, the exclusive right to authorize the
public performance of their works, including bybroadcast, public recitation and any communication tothe public.Sections 2(1)(d), 10(1) of Copyright Act, 2022 (1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
Copyright and Neighbouring RightsCitation to copyright and related laws
Article 12 requires that authors of literary or artistic
works have the exclusive right to authorize
adaptations, arrangements and other alterations of theirworks.Sections 3(1), 3(2), 10(3), 15(1) of Copyright Act,
2022 (1965).
Article 13 authorizes countries to impose reservations
and conditions on the exclusive right granted authorsof musical works or written works that are recorded.Sections 11, 12, 13, 14, 16 of Copyright Act, 2022
(1965).
Articles 14 requires that authors of literary and artisticworks have the exclusive right to authorize the
cinematographic adaptation and reproduction of their
works and the distribution, public performance andcommunication to the public of the adaptation orreproduction, without the limitations authorized underArticle 13(1).Sections 2(1)(d)(2), 10(1), 15(1) of Copyright Act,
2022 (1965).
Article 14bis specifies that a cinematographic work isto be protected as an original work without prejudice
to any work that is adapted or reproduced and the
author of the cinematographic work is to enjoy thesame rights as the author of any other work.Sections 2(1)(a), 3(1), 3(2), 8, 15(1), 15(3) of
Copyright Act, 2022 (1965).
Article 14ter requires "droit de suite" in connectionwith subsequent sales works of art and manuscripts.Section 8, 9 of Copyright Act, 2022 (1965).
Article 15 requires that ownership of a work, for
purposes of litigation, be presumed to be that whichappears on the work in the usual manner.Sections 2(1)(c), 2(1)(b), 3(2), 3(2)(e), 8(2), 9 of
Copyright Act, 2022 (1965).
Article 16 requires that infringing copies of a work besubject to seizure whether domestically produced or
imported.Sections 18, 16, 17(1) of Copyright Act, 2022 (1965).
Article 18 requires that copyright protection be applied
to all works which, at the moment Berne becomes
effective, have not fallen into the public domain in thecountry of origin through the expiry of the term ofprotection.Sections 2(1)(a), 8 of Copyright Act, 2022 (1965).
Article 19 authorizes Union members to provide
greater protection than that required by theConvention.Sections 2(1)(a), 8, 9, 10, 15, 16, 17, 18, 19 of
Copyright Act, 2022 (1965).
Article 20 authorizes Union members to enter into
special agreements among themselves to provide more
extensive rights than those provided by Berne.Nepal is Member of WIPO; no law has prohibited to
enter into special agreements in this respect.
Protect computer programs, whether in source or
object code, as literary works under the BerneConvention.  Protect compilations of data, whether inmachine readable or other fo rm are to be protected as
intellectual creations if they constitute such.  Article10.Sections 2(1)(a)(6), 3(1), 8 of Copyright Act, 2022
(1965). The provision of compilation of data is to beincluded in the Act.
Provide rental rights at least for computer programs
and cinematographic works with certain exceptions.
Article 11.Sections 3(1), 8, 10, 15(3) of Copyright Act, 2022
(1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
Copyright and Neighbouring RightsCitation to copyright and related laws
Provide a term of protection of fifty years from the
death of tile author (Berne Article 7.1 and TRIPS
Article 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50 yearsfrom the end of the calendar year of authorizedpublication, or, if not published within fifty years from
making, fifty years from the end of the calendar year
of making.  Article 12.Sections 8, 9 of Copyright Act, 2022 (1965).
Confine limitations and exceptions to exclusive rights
to certain special cases which do not conflict with anormal exploitation of the work and do notunreasonably prejudice the right holder's legitimateinterests.  Article 13.Sections 11, 12, 13, 14, 10 of Copyright Act, 2022
(1965).
Provide performers with the right for 50 years fromthe date of a performance to prevent unauthorized
fixation of their unfixed performances and of
reproductions of such fixations and to prevent theunauthorized broadcast by wireless means andcommunication to the public of their liveperformances.  Article 14.1 and 5.Sections 2(1)(a)(2), 8, 9, 15 of Copyright Act, 2022
(1965).
Provide phonogram producers with the right for 50years from the date of first authorized fixation to
prohibit unauthorized reproduction of their
phonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold orotherwise distributed.  Article 14.2, .4, and .5.Sections 8, 9, 15 of Copyright Act, 2022 (1965).
Providing broadcasting organizations with the
exclusive rights for 20 years of fixation, reproductionof fixations, and rebroadcasting by wireless means of
their broadcasts and the communication to the public
of broadcasts of their broadcasts or provide to theowners of the copyright in the material broadcast thepossibility of exercising such rights.  Article 14.3 and5.Sections 11(2), 15(2)(a) of Copyright Act, 2022
(1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
Trademarks Citation to appropriate law
Provide trademark or service mark protection for any
sign, or combination of signs capable of distinguishingthe goods or services of one undertaking from those of
other undertakings.  Article 15.1Sections 2(c), 16(1), 16(2), 21C of Patent, Design and
Trademark Act, 2022 (1965).
Not deny registration for a mark based solely on thenature of the goods or services to which a trademark isto be applied.  Article 15.4.Sections 2(c), 17, 18, 21C of Patent, Design and
Trademark Act, 2022 (1965).
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity toapply for cancellation.  Article 15.5.Sections 21A(1), 21A(2) of Patent, Design and
Trademark Act, 2022 (1965).
Provide trademark owners the exclusive right toprevent unauthorized use identical or similar marks forsimilar goods or services of other parties if confusion
is likely to result.  Article 16.1Sections 16(2), 19, 25 of Patent, Design and
Trademark Act, 2022 (1965).
Presume confusion where an identical mark is usedwithout authorization on identical goods or services.Article 16.1.Section 16(2) of Patent, Design and Trademark Act,
2022 (1965).
Provide protection for well know trademarks andservice marks in accordance with Article 6bis, of theParis Convention, even where use is on goods orservices which are not similar to those in respect ofwhich a trademark is registered if the latter use would
imply a connection with the right holder or would be
likely to damage the right holder's interests.  Article16.2 and .3.Sections 2(c), 18B, proviso of sub-section (1) of
sections 18, 18(3) of Patent, Design and TrademarkAct, 2022 (1965).
Allow only limited exceptions to the rights conferredby a trademark such as fair use of descriptive terms.Article 17.It has to be covered.
Provide a period of protection for registration of at
least seven years, renewable indefinitely.  Article 18.Sections 18D, 23B(3) of Patent, Design and
Trademark Act, 2022 (1965).
Allow cancellation for non-use only after a period ofthree years of uninterrupted non-use unless valid
reasons exist for the non-use, including government
interference with use.  Article 19.1.Section 18C of the same Act has provision but is to be
amended for 3 years.
No encumbering of the use of a trademark by specialrequirements.  Article 20.There is no such requirement under laws.
May establish conditions for licensing but compulsory
licensing not permitted and owner of registered markmust be able to assign it with or without transfer ofbusiness.  Article 21.Sections 16(2), 21D of Patent, Design and Trademark
Act, 2022 (1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use of
Geographical indications identifying location where agiven quality, reputation or other characteristic of a
good is attributable to its location.  Article 22.1 and 2.
Refuse to register or invalidate registrations of
trademarks containing geog raphical indications except
in instances in which such marks have been usedcontinuously for at least I 0 years or in good faithbefore 15 April 1994.  Article 22.3Note: Geographical indications is not covered by the
existing laws. Patent, Design and Trademark Act,2022 (1965) is to be amended accordingly.
Protect against use of geog raphical indications even
when literally true but which falsely represent that the
goods originate in another territory.  Article 22.4Note: Geographical indications is not covered by the
existing laws. Patent, Design and Trademark Act,
2022 (1965) is to be amended accordingly.
Protect, with certain exceptions, appellations or originfor wines and spirits even against use accompanied byexpressions suchNote: Geographical indications is not covered by the
existing laws. Patent, Design and Trademark Act,2022 (1965) is to be amended accordingly.
Protect, with certain exceptions, appellations or originfor wines and spirits even against use accompanied byexpressions such as 'kind," type," "style," etc.  Article23.1 and 24.Note: Geographical indications is not covered by the
existing laws. Patent, Design and Trademark Act,2022 (1965) is to be amended accordingly.
Refuse or invalidate, with certain exceptions
trademark registrations containing geographical
indications for wines and spirits if they do notoriginate in the place named.  Article 23.2 and 24.Note: Geographical indications is not covered by the
existing laws. Patent, Design and Trademark Act,
2022 (1965) is to be amended accordingly.
TRIPS Agreement Nepal
Industrial Designs Citation to appropriate law
Provide, with certain exceptions, protection for new ororiginal, independently created industrial designs.Article 25.1.Sections 2(b), 12(1), 12(2), 21C, proviso of sections
14(1), 14(3) of Patent, Design and Trademark Act,2022 (1965).
Ensure that requirements for securing protection fortextile designs are not prohibitive of such protection.Article 25.2.Sections 2(b), 12(1), 12(2), 21C of Patent, Design and
Trademark Act, 2022 (1965).
Protection should last at least 10 years. Sections 14A, 23B of Patent, Design and Trademark
Act, 2022 (1965).WT/ACC/NPL/7
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TRIPS Agreement Nepal
Patents Citation to appropriate law
Provide patents for any inventions, whether products
or processes, in all fields of technology if they arenew, involve an inventive step and are industrially
applicable.  Exceptions are permitted for plants and
animals, except for microorganisms and non-biological and microbiological processes.  Exemptionsare also permitted for reasons of ordre public andmorality.  Article 27.Section 2(a), Sections 3(1), 4, 7, 5(1), 5(2), 6, 21B of
Patent, Design and Trademark Act, 2022 (1965).
Provide patent owners with the right to prevent othersfrom making, using, offering for sale, selling or
importing a patented product or from using a patent
process or using, offering for sale, selling or importinga product produced directly using such process.Article 28.1.Sections 3(2), 11, 6(1)(a), 6(2), 25 of Patent, Design
and Trademark Act, 2022 (1965).
Right to prevent others from importing is to be
covered.
Give patent owners the right to assign the rights in thepatent, or transfer the rights by succession, or licensethem.  Article 28.2Sections 3(3), 9 of Patent, Design and Trademark Act,
2022 (1965).
Require applicants to disclose the invention so thatone skilled in the art can carry it out and may requireindication of the best mode and information on
corresponding foreign applications.  Article 29.Sections 7A(1), 7A(2), 10 of Patent, Design and
Trademark Act, 2022 (1965).
Ensure that any exceptions to exclusive patent rightsdo not unreasonably conflict with normal exploitationof the patent and do not unreasonably prejudice thelegitimate interests of the patent owner, taking thirdparty interests into account.  Article 30.Sections 3(1), 3(2), 3(3) of Patent, Design and
Trademark Act, 2022 (1965).
Compulsory licenses can be issued only whenenumerated conditions are met, including such things
as notice, remuneration, limitations on use and transfer
of the license, etc.  Article 3 1.No provision of compulsory licenses exists under this
Act.
Provide an opportunity for judicial review of decisionsto revoke or forfeit a patent.  Article 32.Section 27 of the Patent, Design and Trademark Act,
2022 (1965).
Provide a patent term of at least 20 years from thefiling date.  Article 33.Sections 8(1), 23B(3) of Patent, Design and
Trademark Act, 2022 (1965).
Shift the burden of proof in process patentinfringement actions to the defendant in instances inwhich tile product produced by the process is new orwhere it is substantially likely that the identical
product was made using the process and the patent
owner has been unable through reasonable efforts todetermine the process used.  Article 34.It has to be covered.WT/ACC/NPL/7
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TRIPS Agreement Nepal
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs of
integrated circuits that are registered or have beencommercially exploited anywhere in the world.
Articles 3, 4, 5, and 7 of the Washington Treaty as
incorporated into TRIPS by Article 35.Not covered by the existing intellectual property rights
laws.
Make unlawful, except in certain circumstances, thereproduction, importation, sale or other distribution ofa protected layout design or an integrated circuitembodying such design or an article containing such amicrocircuit.  Article 6 of Washington and Article 36
of TRIPS.Not covered by the existing intellectual property rights
laws.
Provide such protection for a term of I 0 years from
the films, of an application for registration or from
first commercial exploitation.  Article 38.Not covered by the existing intellectual property rights
laws.
TRIPS Agreement Nepal
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that is
secret (not generally known or readily ascertainable);has commercial value because of its secrecy., and hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.It is not covered by existing laws.
Protect data submitted to obtain marketing approval
for pharmaceutical or agricultural chemicals utilizing a
new chemical entity.  Article 39.3.It is to be covered.WT/ACC/NPL/7
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TRIPS Agreement Country
Enforcement Citation to appropriate law or laws
- General Provisions
Provide for effective action against infringement of
intellectual property rights without creating barriers tolegitimate trade or opportunities for abuse.  Article
41.1Sections 6(2), 11,15, 14(3), 18(3), 19, 25 of Patent,
Design and Trademark Act, 2022 (1965). Sections 17,18, 19, 21 of Copyright Act, 2022 (1965).
Provide enforcement procedures that are fair and
equitable and are not unnecessarily complicated or
costly and do not entail unreasonable time-limits orunwarranted delays.  Article 41.2Precedents of the Supreme Court, principles of Natural
Justice, Section 3(1)(a), Schedule 1 of Short
Procedural Act, 2028.
Provide decisions on the merits based upon theevidence presented in the case to the parties,preferably in writing with the reasons explained.Article 41.3.Number 184A, 185 of Court Management of Muluki
Ain, Principles of National Justice, Precedents.
Provide for appeals to judicial bodies of final
administrative decisions and of at least the legal
aspects of initial judicial decisions on the merits of acase.  Article 41.4.Section 27 of Patent, Design and Trademark Act, 2022
(1965); Section 22 of the Copyright Act, 2022 (1965);
Sections 8(1), 9(1)(c) of Justice Administration Act,2048.
Civil and Administrative Procedures and Remedies Section 17(2) of the Copyright Act, 2022 (1965),
Section 25 of the Patent Design and Trademark Act,2022 (1965); Section 3(1)(a), Schedule 1 of ShortProcedure Act, 2028; Sections 8(1), 8(2) of JusticeAdministration Act, 2048; Section 23 of the Copyright
Act 2022 (1965).
Provide a procedure that allows plaintiffs to bring an
action for infringement; requires that defendants benotified; permits both side to present evidence insupport of their position; and protects confidentialinformation.  Article 42Sections 20, 7A(3), 7A(4), 21A(2), Proviso of Section
18(3), Proviso of Section 6(2), proviso of Section14(3) of Patent Design and Trademark Act, 2022(1965); Section 24 of Copyright Act, 2022 (1965).Protection of confidential information is to be covered.
Authorize judges to order production of evidencenecessary to substantiate a party's claims where that
party has been unable to obtain such evidence from the
opposing party.  Article 43. 1.Sections 7, 35(2)(A) of Evidence Act, 2031.
Authorize judges to enjoin a defendant, except the
government, from infringing intellectual propertyrights.  Article 44. 1.Section 8(2) of Justice Administrative Act, 2048.
Authorize judges to order the payment of monetary
damages adequate to compensate for the injury doneby the infringement.  Article 45.1Section 25 of the Patent, Design and Trademark Act,
2022 (1965); Section 17(2) of Copyright Act, 2022(1965).
Authorize judges to order infringer to pay rightholders enforcement costs and recovery of profits
and/or statutory damages.  Article 45.2.Section 25 of the Patent, Design and Trademark Act,
2022 (1965); Section 17(2) of Copyright Act, 2022
(1965).
Authorize additional remedies including seizure ofinfringing goods, and the materials and implements
the predominant use of which is infringement.  Article46.Sections 11, 15, 19 of Patent, Design and Trademark
Act, 2022 (1965); Sections 17(1), 18 of the Copyright
Act, 2022 (1965).WT/ACC/NPL/7
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Enforcement Citation to appropriate law or laws
Authorize indemnification of defendant, including
attorneys' fees in the event of abuse by plaintiffs.
Article 48.1.It is not covered.
Exempt public authorities and officials from liability
in connection with the administration of intellectualproperty laws only where the actions are taken orintended in good faith within the scope of tile relevantauthority.  Article 48.2.It is to be recovered.
Ensure that administrative remedies conform to the
principles in the preceding Articles.  Article 49.Precedents of the Supreme Court, principles of Natural
Justice, Number 184A, 185 of Court Management of
Mulki Ain.
- Provisional Measures
Authorize judges to grant temporary restraining ordersand provisional relief to prevent infringement and topreserve evidence.  Article 50.1.Section 8(2) of Justice Administration Act, 2048.
Section 17(2) of Civil Rights Act, 2012.
Authorize judges to require the complaining party to
indemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified.  Article 50.3.It has to be covered.
Provide for notice, for formal action by the plaintiff
after temporary restraining orders, etc.  Article 50.4+.Sections 6, 7 of Short Procedural Act, 2028.
- Border Measures
Provide for suspension of release by customs
authorities of goods suspected of bearing a counterfeit
trademark or of being a pi ratical copyrighted work,
either at the request of a right holder.  Members areauthorized to extend such protection to holders ofother forms of intellectual property, Article 51Section 18 of the Copyright Act, 2022 (1965). This
provision also has to be covered in other forms of
intellectual property.
Require right holders initiating border measures to
provide evidence of a prima facie infringement and adescription of tile goods sufficient for customs
authorities to recognize them.  The right holder must
be notified within a reasonable time is action will betaken on his behalf.  Article 52It (border measures) has to be covered in intellectual
property right laws.
Authorize authorities to require the right holderrequesting border measures to post a bond sufficient toprotect the defendant and to prevent abuse.  Article 53It has to be covered in intellectual property right laws.
Requires prompt notification of the right holder and
the importer when action under Article 51 is taken.
Article 54It has to be covered in intellectual property right laws.
Requires that customs authorities be notified within a
maximum of 20 days of the receipt of notice that
proceedings on the merits have begun or thesuspension is to be revoked.  Article 55It has to be covered in intellectual property right laws.WT/ACC/NPL/7
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Enforcement Citation to appropriate law or laws
Authorities must be authorized to require the right
holder to compensate the importer or owner of the
goods subject to border measures if goods werewrongfully detained or if proceedings leading to adecision on the merits are not begun within tileallotted time.  Article 56.It has to be covered in intellectual property right laws.
Right holders must be allowed to inspect the detained
goods in order to substantiate the right holder's claims.
Importers must be given similar authority.  Members
may give the right holder the names and addresses ofthose involved in the importation when infringement isfound to exist.  Article 57.It has to be covered in intellectual property right laws.
Establishes the conditions that must be in place if
customs authorities are authorized to act ex officio,including the ability to ask the right holder for
information at any time; the requirement to notify the
importer promptly of the suspension; and therequirement that public officials be liable if they act inbad faith.  Article 58It has to be covered in intellectual property right laws.
Competent authorities must be able to order
destruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59It has to be covered in intellectual property right laws.
Members are authorized to except from border
measures small quantities of infringing goods of a
non-commercial nature carried in personal luggage or
shipped in small consignments.  Article 60Proviso of section 16 of Copyright Act, 2022  (1965);
It has to be covered in Patent Design and Trademark
Act, 2022 (1965) for small quantities of infringing
goods of a non-commercial nature.
- Criminal Procedures
Provide criminal procedures and penalties, sufficientto act as a deterrent, for wilful trademarkcounterfeiting or copyright piracy on a commercialscale.  Authorizes extension of criminal actions toother forms of intellectual property where
infringements are wilful and on a commercial scale.
Article 61.Sections 17,18,19,21 of the Copyright Act, 2022
(1965); Sections 11, 15, 19 of Patent, Design andTrademark Act, 2022 (1965); provision for criminalprocedures and penalties/imprisonment has to becovered and other forms of intellectual property right
has to be covered in this respect in Patent, Design and
Trademark Act, 2022 (1965).
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