• Intellectual property are the creation of human

mind, the human intellect hence the expression

'intellectual property.
• Intellectual property relates to pieces of
information, which can be incorporated in
tangible objects.
• They are the product or creation of human
mind: inventions, literary and artistic works,
names and images used in commerce.
 Two category of IP
• Industrial Property:
• Applicable in the field of industry,
• Patents for inventions, trademark, industrial
designs and geographical indicators.
• Copyright:
• Literary works: novels, poems, plays, films, music,
artistic works (drawings, paintings, photographs,
sculptures) and architectural design. Broadcasters
and television program.
• Intellectual Property Rights:
• When IP is recognized as creation of human minds
by using skills, a creator should have rights over the
thing he/she has created.
• So the term intellectual property rights have been
used.
• They are like any other property right which allows
creator or owners of patent, trademarks, or
copyrighted works to benefit from their own work
or investment in a creation.
• It is the proprietary rights of the creator over the
intangible objects.
• Thus, IPR are first of all property rights.
• Secondly, they are property rights in
something intangible
• And finally, they protect innovations and
creations and reward innovative and creative
activity.
• Property rights
• Essential characteristic of property right is that they are
exclusionary rights through which third parties are
prohibited from the use and exploitation of the subject
precluded by these rights.
• Intangible property rights:
• The subject matter of IPRs eg creations inventions, has a
link with knowledge and ideas
• Economic justification:
• If every one would be allowed to use the results of
innovative and creative activity freely, the problems of
free rides would arise. No one would invest in
innovation or creation.
 Thus

• Being the proprietary rights, IPR are exclusive

rights in which the parties are prohibited from
the use and exploitation without the consent
of the owner (except in certain
circumstances).
• This property is protected for various reasons,
some of them are as follows:
 To protect the economic interest of the
inventor:
• if any one is allowed to use freely then there will be
less likely situation of investing in innovation or
creation of any new thing. This will certainly brings
the chaos in business world. Because people will
wait until someone else made the investment for
new creation and they can produce without taking
the risks.
• So to promote the investment and to protect the
economic interest of the investor intellectual
property is to be protected for economic growth.
To promote the innovators for new research
and product:
• Upon providing the exclusive rights over the
creation of human intellect, the imitators will
have no situation to imitate the creation and
entertain the benefit with out any effort.
• Once the property is protected from further
unauthorized exploitation it will stimulate
individuals and enterprises to invest in
research and development which will
ultimately benefits the society.
To compensate and to reward the creator

• Protection of IP is the reward to the creator for

their creativity and their services to society.
• Society has a moral obligation to compensate
and to reward the creator because either
individual or industries that invested heavily in
research and development will be discouraged
when they are not rewarded and
compensated.
 How people benefits?
• Because of the protection people have the
opportunity of having pleasure life. For eg
people enjoy films, musics, softwares etc.
• People involves in research and inventions to
produce better and efficient products for
customers.
• People will confidently buy the items or
products on the basis of trademarks or design.
 TYPES OF IPR
• Patent:
• Section 2(a) of Patent, Design and Trademark
Act 1965, ‘"patent" means any useful
invention relating to a new method of process
or manufacture, operation or transmission of
any material or a combination of materials, or
that made on the basis of a new theory or
formula.
• Patent is a monopoly right granted to a person
who has invented a new and useful article or
an improvement of an existing article or a new
process of making an article.
• Not everything is patentable.
• To obtain patent right for an inventions the
following conditions requires to be satisfied:
• A. the invention must be new (Novelty)
• B. It must be an inventive step.
• It is capable of industrial application.
Novelty
 Inventive step
• Not every thing new is patentable.
 Obtaining patent right
• Any person desirous of having any patent registered in
his/her name requires to make an application to the
Department of Industry along with all available evidence in
his/her possession:
• a) Name address and occupation of the parson inventing
the patent
• b) Process of manufacturing, operating or using the patent.
• c) The theory or formula if any, on which the patent is
based.
• d) map and drawings along with particulars, of the patent,
INVESTIGATION BY DEPARTMENT: Section 5

• On receipt of application submitted

Department carry investigation, on the advice
of experts if so considered necessary, to
conduct all investigation or study to ascertain
whether the patent investigations in the
application is a new invention or not, and
whether it is useful to the general public or
not, and thereafter decide whether or not to
register such patent.
 Grounds of non registration
• a) In case the patent is already registered in the name of
any other person, or
• b) In case the applicant him/herself is not the inventor of
the patent sought to be so registered nor has acquired
rights over it from the original inventor, or
• c) In case the patent sought to be registered is likely to
adversely effect the public health, conduct or morality or
the national interest, or
• (d) In case it is contradictory to the prevailing laws (the
registration of the patent) will constitute a contravention of
existing Nepal law.
 Registration certificate and publication
• On receipt of applications filedun for
registration of a patents, the Department shall,
after completing necessary investigations issue a
registration certificate to the applicant.

• Publication: Patents other than those which

must be kept secret in the national interest, shall
be published by the Department in the Nepal
Gazette for the information of the public.
 TERM OF PATENT AND RENEWAL
• The title of the patentee to the patent shall be
valid only for a period of seven years from the
date of registration

• Renewal
• A patent holder shall renew the patent within a
period of 35 days from the date of expiry of the
term for which he is entitled to use.
• Renewal can be made by paying fine too
Format of an Application For Registration of Patent

To
.....
.....
Since I am/We are the inventor/s of ............. I/we hereby apply, attaching
herewith the principle/formula/and maps and drawings containing all
particulars, as well as the application fee, for the registration of its patent.
I/we hereby request to register the patent in my name/our names and to
issue me/us a certificate thereof.

Witnesses: Signature of the Applicant

1..................
2……………….. Address
Date