Trademark Infringement Rises In Nepal
12 November 2021
Due to lax and weak enforcement of rules, unauthorized use of multinational and national brand trademarks is on the rise, generating worries among international corporations interested in entering the Nepali market.
In the first three months of the current fiscal year, which began in mid-July, the Department of Industry received 54 trademark infringement complaints.
"One is that Nepal has an open border with India and China," says RC Subedi, the founder and managing partner at Apex Law Chamber in Nepal. "In addition, the consuming power of the majority of the consumers in Nepal is low. Accordingly, low price goods/services get priority. Thirdly, local entrepreneurs are engaged in short term money earning and they copy well known or famous marks to sell their products. Fourth, Weak IP law especially, weak industrial property law also encourages infringing."
He says that to solve this issue, they should enact strong IP laws. "There should be a strong enforcement mechanism," he says. "Autonomous IP office should be established. There should be coordination between the IP office, customs, and police.
So if doing business in Nepal, apply rademark watch, continuous market investigation, a new variant of a trademark should be created, and that the trademark should be registered."
Excel V. Dyquiangco