Trademark infringement cases rising in Nepal due to lack of IP awareness, gov’t initiative
27 October 2023
Nepal is facing a growing problem of trademark infringement, with local enterprises copying the trademarks of foreign brands, particularly in the apparel, electronics, cosmetics, beverages and FMCG industries, among others. By free-riding on the goodwill and reputation of established foreign brands, these trademark infringers aim to generate short-term profits.
According to an article in news portal myRepublica, Nepal’s Department of Industry recorded about 900 trademark infringement offenses from mid-April 2020 to mid-April 2022, and 31 local business enterprises have been using the trademarks of foreign brands. The lack of awareness about the value of IP and insufficient government initiatives are contributing to the problem.
Ram Chandra Subedi, Managing Partner, Apex Law Chamber, Kathmandu
“The lack of initiative from the government to amend the existing IP laws is adding fuel to the fire, causing the rising number of IP infringement incidents in Nepal,” said Ram Chandra Subedi, managing partner at Apex Law Chamber in Kathmandu. Moreover, the absence of a dedicated IP bench within the judiciary has hindered the proper enforcement of infringement actions, as many judges are unfamiliar with IP laws.
Although Nepal’s government is in the process of drafting a bill related to the Comprehensive Intellectual Property Act, Subedi revealed that the bill remains on hold. However, the good news is that the government is coordinating with the World Intellectual Property Organization to provide IP officials in Nepal with training initiatives.
Subedi also proposed several measures to curb the increasing infringement activities. He urged for prompt and decisive actions against infringers, systematic adjudication of cases by the Department of Industry, thorough examination of applications at the IP section, and the establishment of a fully-equipped IP office.
A dedicated IP bench with judges knowledgeable about IP laws is also essential for effective adjudication of infringement matters. To ensure this, judges should receive proper training in IP matters. Further, the enforcement of IP decisions requires a separate IP police force familiar with IP laws.
Subedi also advocated for awareness programs targeting entrepreneurs and consumers to highlight the value of IP rights. Additionally, he recommended the establishment of online IP search mechanisms to help applicants verify the availability of their desired IP registrations.
With these measures in place, Nepal can take significant steps toward combating trademark infringement and protecting intellectual property rights.
- Espie Angelica A. de Leon
