Turning Creativity into Assets: A Guide to Protecting Your Designs Through Intellectual Property

January 8, 2025

Turning Creativity into Assets: A Guide to Protecting Your Designs Through Intellectual Property

In an age driven by innovation and creativity, designers are constantly crafting new and unique products and digital creations. However, many creators remain unaware of the importance of safeguarding their designs, leaving them vulnerable to imitation and misuse. By understanding their Intellectual Property (IP) Rights, designers can turn their creativity into valuable assets, ensuring that their hard work is protected and rewarded. 

Why Protecting Your Designs Matters?

Design is more than just aesthetics, it is a reflection of originality, effort, and vision. When left unprotected, designs can be copied by the competitors. Without proper IP protection, designers risk losing revenue and recognition of their work. Getting your designs protected not only prevents unauthorized use but also lets you earn money and credit for your work. By treating designs as a valuable asset, creators can build a stronger competitive edge in the market. 

How does the Nepalese Law Safeguard Design Rights? 

In Nepal, design protection falls under the Patent, Design and Trademark Act, 2022. The Act defines design as “the form or shape of any material manufactured in any manner.” Designers can acquire rights to their designs by registering them with the Department of Industry, ensuring exclusive ownership and protection against unauthorized use or copying.

Under the PTDA, a person can obtain the title to a design by registering it with the Department under Section 14. Unauthorized copying, use, or transfer of registered designs without the owner's written consent is strictly prohibited, reinforcing the designer's exclusive rights.

Steps to Register a Design in Nepal

1.     Application Submission – Submit an application to the Department of Industry in the prescribed format as per Schedule 1(b), along with four copies of the design, maps, drawings, and necessary details.

2.     Payment of Application Fee – Pay the application fee of NPR 1,000 as specified in Schedule 3 (2) (a) during submission.

3.     Departmental Publication – The Department publishes registered designs, as well as renewals or cancellations, for public information.

4.     Objection Period – If anyone objects to the registered design, they may file a complaint within 35 days of publication. The Department will review the objection and take appropriate actions.

5.     Certificate Issuance – If no objections arise, the Department registers the design and issues a certificate as per Schedule 2(b).

6.     Payment of Registration Fee – After approval, applicants must pay the registration fee of NPR 7,000, completing the process.

FORMAT OF CERTIFICATE OF REGISTRATION OF DESIGN

Registered designs are initially valid for five years. To extend the protection period, designers must file an application for renewal in the format as per Schedule 2(e). A registered design can be renewed twice, with each renewal extending the protection by an additional five years. This means a design can remain protected for up to 15 years if renewed on time. 

FORMAT OF THE APPLICATION FOR RENEWAL OF DESIGN RIGHTS

Enforcement measures are in place to penalize violations of design rights. If someone is found using or copying a registered design without permission, they may face fines of up to NPR 50,000, and the infringing goods may be confiscated. Additionally, the Department holds the authority to cancel design registrations that violate national interests or duplicate existing designs. Before cancellation, designers are given the opportunity to present their case.

By adhering to these legal processes, designers in Nepal can ensure their creative works are safeguarded, fostering innovation and supporting the growth of local industries.

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Author Detail

Mukhoo Shrestha

Corporate Legal Consultant

To reach: mukhushrestha024@gmail.com