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Ministry of Commerce And Supplies - Enhanced Integrated ...

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N T I S2010In addition to awareness campaigns, the Government could formulate policies encouraging protection <strong>of</strong>industrial property, including export <strong>of</strong> branded goods and services. For instance, tax credits could be providedto businesses exporting branded goods or services or to support the costs <strong>of</strong> registering trademarks in exportmarkets. Tax holidays for R&D expenses could also be provided to Nepalese businesses to encourage suchinvestment.An information desk on industrial property could be established in Nepalese embassies to assist businessesin gathering information relating to industrial property in the countries in which they intend to exports. TheGovernment should look into the ways it could assist Nepalese businesses in registering trademarks in foreigncountries.Physical, Human and Institutional InfrastructurePhysical infrastructure plays an important role in the protection <strong>of</strong> industrial property. Data system shouldbe properly maintained and, for this, good computers and computer programs are required. Public database <strong>of</strong> patent, technology and other Intellectual Property needs to be accessible easily to business people,entrepreneurs, legal pr<strong>of</strong>essionals, specialized civil servants, and university students. Such infrastructure islacking at the moment.Together with weak physical infrastructure, there is a weak skilled technical human infrastructure. This isthe case because neither the Industrial Property Section in the DoI nor the Copyright Registrar’s Office is ansemi-autonomous body, and both fall under the general Government rule about frequent transfer <strong>of</strong> publicservants. The current practice results in a lack <strong>of</strong> a well-trained and experienced group <strong>of</strong> civil servants whoare deeply knowledgeable about the Intellectual Property issues. Unless and until this issue is addressed, itwill be difficult to deepen the use <strong>of</strong> industrial property protection in Nepal.The enforcement capacity is weak. Some <strong>of</strong> this needs to be addressed in the legislation, some <strong>of</strong> this in theimplementing regulations, and some through training <strong>of</strong> staff.Industrial property being technical in nature, information and new knowledge about new developments shouldbe provided from time to time. There is a need for a separate training centre to provide regular training toresearchers, legal pr<strong>of</strong>essionals, business people, public servants, and others, as needed.A Single IPR AgencyTo address the limitations in the current civil servant personnel policies, the Government should create anautonomous agency combining all responsibilities for implementing and enforcing protections for industrialproperty and copyright.Skilled employees should be allowed to develop their career path within the agency. An appropriate legalinfrastructure could be developed to procure opinions from independent Intellectual Property experts as andwhen necessary.NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT213

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