In Nepal, the consequences of intellectual property (IP) infringement are serious and vary depending on the type of IP and the severity of the violation. Here’s a detailed breakdown: What are the penalties for IP infringement in Nepal? What are the penalties for IP infringement in Nepal?
Trademark Infringement:
- The Patent, Design, and Trademark Act of 1965 (2022) governs trademark infringement in Nepal.
- Unauthorized use of a mark that is identical or deceptively similar to a registered trademark can result in penalties.
- Specifically, Section 19 of the Act provides for a fine of 1 lakh NPR and confiscation for such unauthorized use.
- Trademark infringement occurs when someone uses a trademark or service mark in connection with goods or services, causing confusion or misunderstanding about the actual source of the product or service.
- Trademark owners can file a lawsuit, and if infringement is proven, the court may issue an order preventing the defendant from using the mark and award monetary compensation.
Copyright Infringement
- For general violations of copyright law in Nepal, the penalty ranges from 5,000 to 50,000 NPR based on the gravity of the offense.
- In cases of first-time violation, imprisonment does not exceed 6 months, and the penalty is less than 1 lakh NPR.
Enforcement and Protection:
- Goods, labels, advertising materials, and printing items violating someone’s trademark rights can be seized.
- The offender may face a fine of up to 1,000,000 NPR.
Don’t let intellectual property infringement issues slow down your business. Take the first step towards securing your ideas today. Contact our expert legal team at Miracles Law Group for a consultation and let us protect what’s rightfully yours. Act now!
