NEPAL
In compliance with the Copyright Act, 2059 (2002), the Nepal Copyrights Registrar Office officially opened its doors on April 29, 2004, to register copyrights in Nepal.
The responsibility for registering copyrights, the different agencies that distribute royalties, and settling any conflicts that may arise falls on the Nepal Copyright Registrar Office.
Understanding what kinds of publications, works, and sound recordings can be protected by copyright is essential before registering the copyright. Original works in the following areas are eligible for copyright protection in Nepal: musical works, literary works, and visual works. Examples of literary works include books, manuscripts, and cinematic works.
Nepal Takes a Step Forward in IP Protection with Proposed IP Police
Nepal is taking a step forward in implementing a more effective copyright law by proposing a draft Copyright Act 2024 that introduces the concept of an Intellectual Property Police—a first in the country.
Section 13(4) of the Draft Copyright Act introduces the concept of the IP police, who will be responsible for conducting raids and investigations, identifying copyright and trademark infringers, and stopping the production and distribution of counterfeit products. They will coordinate with other government agencies for more coordinated and efficient action against activities infringing the intellectual property rights of the rightful owners.
It has been a constant challenge for Nepal to enforce IP rights, protect creators, entrepreneurs, and researchers, and safeguard their interests from Counterfeit goods, piracy, and unauthorized distribution. To relieve the constantly rising IP issues in Nepal, the Draft Copyright Act 2024 introduced the concept of the IP police, which is widely supported by eminent IP lawyers in Nepal.
This is likely to bridge the gap created by the lack of a robust IP enforcement mechanism to curb illegal activities.
Establishing an IP policy is an assurance to IP owners of better protection. This initiative to protect IP rights in Nepal will strengthen the confidence of investors, creating new opportunities.
Although the idea of establishing an IP Police is commendable, the following aspects must be carefully considered: training and resource distribution, striking a balance between access and enforcement, and international cooperation.
Regarding global collaboration, It is emphasized that intellectual property theft frequently occurs beyond national boundaries. To combat cross-border piracy and counterfeit distribution, Nepal might need to fortify its relationships with international intellectual property organizations. Furthermore, since streaming services and internet platforms still need to be improved to control, the IP Police may encounter practical difficulties in combating digital piracy.
“Businesses and legal professionals should remain informed and prepare for any changes in IP law enforcement as Nepal progresses toward implementing these changes. Stakeholders can negotiate Nepal’s changing IP protection environment more effectively by being aware of these developments early on.