Intellectual Property in Nepal 2026 — Full Guide

Seven years from registration under Sec. 18D of the PDT Act 2022, renewable indefinitely in 7-year cycles.

No. Nepal is a party to the Paris Convention, TRIPS and Berne, but not to the Madrid Protocol — foreign brands must file nationally at the DOI through a local agent.

A patent lasts 7 years from grant under the PDT Act 2022 and can be extended twice, giving a maximum protection period of 21 years. After the maximum the invention falls into the public domain. Renewal requires a timely application at the DOI before the previous term expires; missing a renewal can extinguish the right, and DOI may charge a penalty within a grace period. Patent eligibility requires novelty, inventive step and industrial applicability.

An industrial design lasts 5 years from registration under the PDT Act 2022 and can be extended twice, giving a maximum protection period of 15 years. After 15 years the design falls into the public domain. The right protects the aesthetic shape, pattern or ornamentation of an article — not its technical function, which sits under patent. Foreign applicants file through a local agent with a notarised Power of Attorney.

Copyright in literary and artistic works lasts the author's life plus 50 years under the Copyright Act 2059. Joint authorship runs 50 years after the last surviving author's death. Anonymous, pseudonymous and corporate works run 50 years from first publication. Cinematographic works and sound recordings run 50 years from publication. Photographs and works of applied art run 25 years from creation. After the term expires, the work enters the public domain.

No. Copyright arises automatically on the creation of the work under the Copyright Act 2059. Registration at the Nepal Copyright Registrar's Office is voluntary but useful as evidence of ownership and date if a dispute arises. The government fee is broadly NPR 100 for a work and around NPR 5,000 for a body / collective management organisation. Three copies of the work and ID are required. Processing is broadly 35 days.

For a local applicant, the DOI government fee is broadly NPR 1,000 for the application and NPR 5,000 for the registration per class. Foreign applicants pay higher fees, broadly around NPR 10,000 per stage per class. The fee is per class (Nice classification 1-45) and stacks if a single application covers multiple classes. Renewal on each 7-year cycle attracts a further fee. Lawyer / agent fees are separate from the government schedule and vary with complexity.

Trademark registration at the DOI broadly takes 8-14 months from filing to issue of the registration certificate, assuming no opposition. Examination, publication in the Industrial Property Bulletin (quarterly), the opposition window and final registration each consume time. Opposed marks can take 18-36 months or longer because the matter then proceeds through the DOI dispute process and on appeal. Pre-filing clearance search at the DOI reduces the risk of opposition.

Once a trademark is published in the Industrial Property Bulletin at the DOI, third parties have a window to file opposition. The original text of Sec. 21A of the PDT Act 2022 sets a 35-day window, but DOI's published practice in the Bulletin commonly allows 90 days. The exact window for a given filing is set by the notice on the Bulletin issue — confirm the current notice before relying on either figure for a deadline-sensitive matter.

Yes. A single application can cover multiple Nice classes, but the DOI fee stacks per class, so a three-class filing costs broadly three times the single-class fee. Most businesses register the trademark in the classes they actually trade in — for a retail brand that often means a goods class plus class 35 (retail / advertising services). Filing across too many classes attracts non-use cancellation risk for unused classes after five years.

Yes. Nepal uses the Nice classification of 45 classes — classes 1-34 for goods and classes 35-45 for services — at the DOI. A trademark application states the class(es) and the specification of goods or services within each class. Cross-class filings are not automatic, so the same brand used for both goods and services typically needs registration in the relevant goods class and class 35 for retail / advertising services.

A foreign company files a trademark at the DOI through a local agent — typically a registered IP lawyer or attorney — under a notarised Power of Attorney. The agent files the application form, four specimens of the mark, the foreign applicant's certificate of incorporation, the Power of Attorney, and the prescribed fees. Priority can be claimed under the Paris Convention based on a qualifying foreign filing date. Because Nepal is not a Madrid Protocol member, an international filing through WIPO does not extend to Nepal.

A first offence under the Copyright Act 2059 attracts a fine of NPR 10,000-100,000 and up to six months' imprisonment, with damages payable to the rights holder. A repeat offence doubles the fine ceiling and can extend imprisonment up to one year. The matter is heard at the District Court under the Summary Procedures Act 2028, with a 90-day disposal target. The criminal action complements a civil claim for injunction and damages, which can run in parallel.

Trademark infringement under the PDT Act 2022 attracts a fine (up to NPR 100,000 in the principal provision), confiscation of the infringing goods, and damages to the rights holder. The matter is heard at the District Court with appeal to the High Court. Customs intervention can be sought at the border to stop counterfeit goods entering the country. The exact fine and confiscation order depends on the volume of infringing goods and the duration of the infringement.

Yes. The author / owner of a copyright can assign the economic rights (in whole or in part, by territory and by medium) under a written agreement, or grant a licence (exclusive or non-exclusive) on agreed terms. Moral rights — the right of paternity and integrity — remain with the author and are not assignable. Assignments and exclusive licences are recorded with the Copyright Registrar's Office where appropriate, and the underlying agreement governs royalties, duration and termination.

Yes. Software / computer programs are protected as literary works under the Copyright Act 2059, with the same term (author's life + 50 years for an individual author; 50 years from first publication for a corporate work). Source code, object code, preparatory design material and accompanying documentation fall within the literary-work scope. Patent protection for software is narrower under the PDT Act — pure algorithms are not patentable, but a process embedded in a technical invention can qualify.

Trade secrets sit outside the PDT Act 2022 and the Copyright Act 2059 — Nepal does not have a dedicated trade-secrets statute. Confidential business information is protected through contract — a Non-Disclosure Agreement, an employment confidentiality clause, a vendor confidentiality clause — backed by general tort and unfair competition principles. The Muluki Civil Code 2074 framework on contract and breach of confidence applies. For sensitive technology, NDAs and access controls are the primary tools.

Nepal joined the World Trade Organisation on 23 April 2004 and accepted the TRIPS Agreement as part of its accession. TRIPS sets minimum standards for trademark, patent, copyright, design, geographical indications and trade-secret protection. Nepal has been bringing its national law into line with TRIPS through amendments and a long-pending consolidated IP Bill. Until the new statute is enacted, the existing PDT Act 2022 and Copyright Act 2059 remain the governing texts, supplemented by treaty obligations.

At the start of a brand or product cycle — before a name is announced, a product is shipped, or a work is released. Also when a foreign filing requires a Nepal national registration; when an opposition is filed against your mark in the IP Bulletin; when an infringement, counterfeit or customs seizure has occurred; and when licensing or assignment papers need to align with a commercial agreement. A lawyer or IP agent runs the clearance search, files the application, manages oppositions and renewals, and handles enforcement when required.