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N T I S2010The Act also prescribes sanctions against breach of copyright. Pursuant to the gravity of the offence, Section29 of the Act prescribes a penalty of NRs 5,000 to 50,000 against someone who infringes the right of anotherauthor or copyright owner. Section 37 of the Act prescribes a police officer of at least the rank of policeinspector to investigate such cases and to register such cases before the district court.Copyright Registrar’s OfficeCopyright is managed and enforced by Nepal Copyright Registrar’s Office set up by the GoN under the Ministryof Culture, Tourism and Civil Aviation. The Registrar monitors all acts relating to protection of copyright andworks on increasing public awareness of copyright. Section 5 of the 2002 Copyright Act requires that onlya limited number of works need not be registered. However, owing to incidents of copyright infringement,many authors have been registering their works. Registration is simple and requires an application along withtwo copies of the work. The Registrar’s Office checks on the validity of the submission, which usually takesseven or eight days. The registration fee is NRs 100.The Registrar’s Office suffers from the same problem as the section responsible for Industrial Property in theDoI relating to staff turnover. The Office also lacks office space.9.3 Recommendations: Nepal’s Needs in Intellectual PropertyProtectionLegislationThe current Patent, Design and Trademark Act needs to be amended. Nepal needs to enact intellectualproperty rights covering Traditional Knowledge, such as that embedded in goods produced through variousherbs. Likewise, there is no provision for geographical indications or collective marks, which nowadays arekey elements of industrial property.The Industrial Property Act and the Copyright Act need to be aligned with international principles and standardsin the area of intellectual property enshrined in international treaties and agreements under the oversight ofthe WTO and WIPO. Since Nepal is a member of the WTO, it is necessary for Nepalese Acts and Regulationsto be compatible with the Agreement on TRIPS, including securing tenures of protection consistent withinternational standards.To introduce Nepalese patents, Nepal should become a member of the international Patent CooperationTreaty and, to introduce trademark at international level, Nepal should become a member of the MadridProtocol. Until and unless Nepal becomes a member of these two international treaties, Nepalese patentsand trademarks will lack international recognition. For instance, a Nepalese businessman cannot singlehandedlyregister his/her brand in a foreign country. This is possible only once Nepal becomes a member ofthe Madrid Protocol.Public Awareness and EducationVery few people are knowledgeable about industrial property rights and most stakeholders are uninformedabout how to register and protect such rights and the benefits of doing so. As noted earlier, patent and designregistration is scarce. There is some public awareness of trademark, but this is still insufficient. There is a needfor a large-scale public awareness campaign to explain the nature of intellectual property and the benefits ofprotection not only among business people, entrepreneurs and creators but also among consumers.NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT211
N T I S2010Intellectual Property is technical in nature and skilled professionals are needed. Intellectual Property educationshould be included in the curriculum of schools and colleges and should be developed as a separate faculty.Use of Intellectual Property tools should also be encouraged within the business community. Table 9.1 liststhe many opportunities for increased use of IPR protections among the 19 export potentials identified in theNTIS.Table 9.1Possible IP Vehicles for 19 Export PotentialsS.N. Agro-Food Possible IP Vehicle Comments Action required by Government1 Cardamom2 GingerTrademark or GeographicalIndication (GI)Trademark or GeographicalIndication (GI)3 HoneyTrademark or GeographicalIndication (GI)4 Lentil Trademark5 Tea Geographical Indication6 Uncooked Pasta Trademark7Medicinal Plants andEssential oilsCraft and IndustrialGoodsPatent or TraditionalKnowledge (TK)8 Handmade Paper Collective mark9 Gems & Jewelry10 Iron and Steel11 Wool Products12 PashminaTraditional knowledge ordesignCollective mark, certifi cationmark or trademarkCollective mark andcertifi cation markServices13 Tourism Service mark and trademark14 Labour Services Service mark15 IT & BPO SERVICESTrademark or service mark;Patent16 Healthcare Service mark and trademark17 Education Service mark and trademark18 Engineering Service mark or trademark19 Hydro-electricityGI if it has special/specifi c qualityGI if it has special/specifi c qualityGI if it has special/specifi c qualityIf invention, patent;otherwise TKCertifi cation mark maybe necessary to certifypure or no child laborCertifi cation mark tocertifyGeographical Indication law needs tobe legislatedGeographical Indication law needs tobe legislatedGeographical Indication law needs tobe legislatedGeographical Indication law needs tobe legislatedTraditional Knowledge law needs tobe legislatedAmend Industrial Property law toinclude provision for Collective markTraditional Knowledge law needs tobe legislatedAmend Industrial Property law toinclude provision for Certifi cationmarkAmend Industrial Property law toinclude provision for Collective mark212NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT
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Nepal Trade Integration Strategy 20
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Table of ContentsForewordAbbreviati
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Table 2.17 Acreage and Production o
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List of BoxesBox 2.1 A Nepalese IT
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LoD Limit of DetectionM&E Monitorin
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Chapter 1Trading Environment, Expor
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N T I S20101.3 Capacity Development
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N T I S2010Table 1.1Balance of Paym
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N T I S2010Changes in the Nepalese
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N T I S20101.5 Expanding an ‘Incl
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N T I S2010 Index 4 measures the po
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N T I S2010Table 1.9Impact of 19 Ex
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N T I S2010Table 1.10Geographical D
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N T I S20101.7 Declining Importance
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N T I S2010negotiate for the inclus
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N T I S2010Types of Exported Produc
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N T I S2010Table 2.2Large Cardamom:
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N T I S2010Index 4: Socio-economic
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N T I S2010Index 1: Export Performa
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N T I S2010exporters. Nepal permits
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N T I S2010RankCountryExports Nepal
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N T I S2010like China and Australia
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N T I S2010The opportunities for pr
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N T I S2010Lentils are subject to o
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N T I S2010Production Capacity: Nat
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N T I S2010Gender Impact: This sect
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N T I S2010Export Prospect: Accordi
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N T I S2010Cost and Quality of Infr
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N T I S2010Attractive markets for T
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N T I S2010Market Access Conditions
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N T I S2010Gender Impact: The respo
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N T I S2010Information from industr
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N T I S2010RankCountryTable 2.26Att
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N T I S2010# Botanical Name 41 Spec
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N T I S2010Current Export Destinati
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N T I S2010significant attention fr
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N T I S20109) Silver JewelryBackgro
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N T I S2010Availability and Quality
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N T I S2010Attractive Markets for S
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N T I S2010Production Capacity: Nep
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N T I S2010ii.iii.required for the
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N T I S201012345678910# Name of Ste
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N T I S2010Export Prospect: Accordi
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N T I S2010Gender Impact: Female wo
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N T I S2010The value added of those
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N T I S2010sheep population, which
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N T I S201013) TourismBackgroundTou
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N T I S2010Index 2: World Market Co
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N T I S2010There are also about 24
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N T I S2010Index 1: Export Performa
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N T I S2010Index 2: World Market Co
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N T I S2010Contribution to Skill De
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N T I S2010Types of Exported Servic
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N T I S201016) Health ServicesBackg
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N T I S2010medical services are bei
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N T I S201017) Education ServicesBa
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N T I S2010should be interpreted ca
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N T I S2010foreign students. The me
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N T I S2010Under mode 4 (presence o
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N T I S2010Index 4: Socio-economic
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N T I S2010generate revenue of US$3
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N T I S2010monopsony power. Several
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N T I S2010The possibility of direc
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N T I S2010Dairy Products, specific
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Chapter 3Access to the Indian Marke
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N T I S2010The Nepal-India Trade Tr
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N T I S2010Most issues reported abo
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N T I S2010Nepalese Domestic Issues
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N T I S2010India’s view is that t
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Chapter 4Access to the Chinese Mark
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N T I S2010products must be wholly
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N T I S2010The findings discussed h
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N T I S20104.5 Other Impediments to
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N T I S20104.7 Recommendations: Cha
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N T I S2010inflow between 2000 and
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N T I S2010Industrial Parks and SEZ
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N T I S2010Lack of up-to-date polic
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N T I S2010Apart from the critical
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N T I S2010capabilities in all five
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N T I S20105.5. Combining Investmen
Page 174 and 175: Chapter 6Trade FacilitationN T I S2
Page 176 and 177: N T I S2010In the 2005 Trade Facili
Page 178 and 179: N T I S2010The latest phase of impl
Page 180: N T I S2010improve efficiency. Few
Page 183 and 184: N T I S2010Figure 7.1Future Organog
Page 185 and 186: N T I S2010EU countries, special pr
Page 187 and 188: N T I S2010Act 1980. So far, 130 fi
Page 189 and 190: N T I S2010The current projects inc
Page 191 and 192: N T I S2010The NBSM as a secretaria
Page 193 and 194: N T I S2010Many more organizations
Page 195 and 196: N T I S2010Table 7.8Existing Nepal
Page 197 and 198: Table 7.9Standards Issues for Ten E
Page 199 and 200: N T I S20107.14 Priority Actions an
Page 201 and 202: N T I S2010It is not clear what amo
Page 203 and 204: N T I S2010GeneralNepal’s general
Page 205 and 206: N T I S2010a crucial part of the PR
Page 207 and 208: N T I S2010residue limits (MRLs) ar
Page 209 and 210: N T I S2010The viral diseases chirk
Page 211 and 212: N T I S2010SPS issues Affecting Tra
Page 213 and 214: N T I S2010Indian phytosanitary sta
Page 215 and 216: N T I S20108.5 Conclusions and Reco
Page 217 and 218: N T I S2010Simpler requirements suc
Page 219 and 220: Table 8.4Summary of Export Environm
Page 221 and 222: N T I S2010To register a patent, a
Page 223: N T I S2010breaches of law. The Nep
Page 228 and 229: Chapter 10Barriers to Service Trade
Page 230 and 231: N T I S2010Constraints in the touri
Page 232 and 233: N T I S2010Table 10.2Nepal GATS Com
Page 234 and 235: N T I S2010locations favourable for
Page 236 and 237: N T I S2010Barriers to Exports of H
Page 238: N T I S2010Institutional IssueThe s
Page 241 and 242: N T I S2010 Strengthening sub-natio
Page 243 and 244: N T I S2010Observations from enterp
Page 245 and 246: N T I S2010Nepal Ginger Producers a
Page 247 and 248: N T I S2010 Helping paper manufactu
Page 249 and 250: N T I S2010Computer Association of
Page 251 and 252: N T I S20105. Also related to the a
Page 253 and 254: N T I S2010The key principles inclu
Page 255 and 256: N T I S2010That being said, Nepal h
Page 257 and 258: N T I S2010Nepal Business ForumOn M
Page 259 and 260: N T I S2010Third, capacity developm
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Page 263 and 264: N T I S201012.7 Possible Options fo
Page 265 and 266: N T I S201012.8 RecommendationsThe
Page 267 and 268: N T I S2010GoN / MoF (2009), Econom
Page 269 and 270: N T I S2010Thapa, Ajit N.S. (2006).
Page 272 and 273: N T I S2010NEPAL TRADE INTEGRATION
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N T I S2010MainOutcomes Recommended
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N T I S2010NEPAL TRADE INTEGRATION
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N T I S20102. GINGERStrengths Tradi
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N T I S20104. LENTILSStrengths High
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N T I S20105. TEAStrengths Very fav
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N T I S20106. INSTANT NOODLESStreng
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N T I S2010 Review, simplify, and i
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N T I S20109. SILVER JEWELRYStrengt
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N T I S201011. CHYANGRA PASHMINA PR
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N T I S201013. TOURISMStrengthsNatu
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N T I S201015. IT AND BPO SERVICESS
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N T I S201017. EDUCATION SERVICESSt
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N T I S201019. HYDRO-ELECTRICITYStr
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Appendix 1Methodology for Export Po
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N T I S2010B. Data SourcesThe analy
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Appendix 2Market Attractiveness Ind
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N T I S2010Rank13) Tourism1 Germany
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Appendix 3Updated Legislative Actio
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N T I S2010specified management sys
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N T I S2010than pesticide residues
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Appendix 5Malaysia GAP (Skim Amalam
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N T I S2010E. Document ControlQMS d
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Appendix 7Good Agricultural Practic
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