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Nepal’s Draft Copyright Act, 2024 proposes creation of Intellectual Property Police
11 November 2024
Nepal’s Draft Copyright Act, 2024 is proposing the formation of an Intellectual Property Police – a first in the country.
According to Section 13(4) of the Draft Copyright Act, the IP Police will be tasked to conduct raids and investigations, ensure that copyright and trademark infringers are held accountable, stop the production and distribution of counterfeit products, coordinate with other government agencies for a more coordinated and efficient action against IP infringement acts, among others.
Ram Chandra Subedi | Founding and Managing Partner @ Apex Law Chamber, Kathmandu
“Nepal has long faced challenges in enforcing IP rights, with creators, entrepreneurs and businesses often struggling to protect their work from counterfeit goods, piracy and unauthorized distribution. The Draft Copyright Act, 2024 aims to remedy these issues by introducing the concept of an IP Police,” said Ram Chandra Subedi, founding and managing partner at Apex Law Chamber in Kathmandu.
At present, the country lacks a robust enforcement mechanism to curb these illegal activities and strengthen protection for copyright owners. Hence, creators and business enterprises often find themselves with limited recourse.
However, the establishment of an IP Police assures IP owners of better protection. The promise of stronger protection may boost investor confidence, paving the way for more investments in local content creation. All of these will lead to a thriving creative economy.
But while the proposal to create an IP Police is laudable, these factors need to be carefully considered: resource allocation and training, balancing enforcement with access and international cooperation.
“It will be crucial to ensure that enforcement does not overly restrict access to creative works or technology, especially in sectors like education or innovation where open access to information is essential,” Subedi explained.
In terms of international cooperation, Subedi reminded that IP theft often occurs across borders. “Nepal may need to strengthen ties with international IP bodies to address cross-border piracy and counterfeit distribution,” he said. Additionally, the IP Police may face logistical challenges in addressing digital piracy, with streaming services and online platforms still difficult to regulate.
“As Nepal moves toward implementing these changes, businesses and legal professionals should stay informed and prepare for the potential shifts in IP law enforcement. By understanding these changes now, stakeholders can better navigate the evolving landscape of IP protection in Nepal,” said Subedi.
- Espie Angelica A. de Leon
