Ministry of Commerce And Supplies - Enhanced Integrated ...

N T I S2010breaches of law. The Nepalese business community lacks knowledge and awareness of intellectual propertyissues as a whole and industrial property in particular. In addition, there is a lack of skilled and competentmanpower to conduct inquiries regarding application for patent registration. As a result, registration of newinventions and patents is very low. Registration of design is also very low. Most registration for industrialproperty in Nepal is for trademarks. Indeed, the demand for registering trademarks is increasing.Currently, the work of Industrial Property registration and enforcement is done by one section under theDoI. The work is specialized and technical in nature, including learning how to assemble a panel of experts,conduct preliminary hearings to review proposed patents, designs and trademarks, etc. Unfortunately, owingto Government personnel policies, the staff of the section is transferred every two or three years, just whenthey start understanding industrial property issues. This is a key problem holding back proper developmentand enforcement of Industrial Property Rights in Nepal.Copyright in NepalCopyright ActThe other dimension of intellectual property rights is copyright and rights relating to copyright known asneighbouring rights. Where creation is original and done intellectually in areas such as literature, arts,science, and other areas as well and where sound is recorded, presented, and transmitted, an exclusive rightis provided to the creators under the copyright law. Protection of the rights of composers and creators helpsstimulate new creations in the areas of arts, culture, and science.Provisions relating to literature and artistic property commenced with the enactment of the 2002 CopyrightAct 2059. The 2002 Copyright Act 2059 follows the international standards with respect to the protection ofliterary, artistic and research compositions, drama and celluloid pictures, and other audio visual compositions.The Act also protects pictures and sculptures, maps, pictorial compositions, and activities relating to computerprogramming. Under the new Act, it is not necessary to register any composition or sound recordedpresentation or transmission to obtain copyright. Prior to the enactment of the present Act, registration wasmandatory. The Act provides financial and moral rights to the composer of any composition.Under the economic rights, the Act prescribes exclusive rights to the author or owner of copyright to reproducethe work, revise or amend the work, make arrangements and other transformation in the work, hold publicexhibition and communicate the work to the general public. Likewise, under moral rights, the author is vestedwith the right of having his name mentioned in the copies of his/her work or in his/her work where it is usedpublicly, to prevent such acts as undermining his/her reputation or goodwill earned by him/her by mutilatinghis/her work or presenting it in a distorting manner and to make necessary amendment or revision in his/herwork.The following rights are protected by the Copyright Act:(a) Protection of economic and moral rights of a composer through life and 50 years following his/herdeath;(b) In the case of joint composers, 50 years from the date of death of the last composer;(c) If published by an organization, 50 years from the date of such publication;(d) Twenty-five years from the date of production of practical art and picture;(e) Twenty-five years from the year of sound recording and publication;(f)(g)Fifty years from the year of presentation or incorporation with the sound;Fifty years from the commencement of related rights of the transmission institution or from thecommencement of transmission;210NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT