DEPARTMENT OF INDUSTRIES, NEPAL

DESIGN

 

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DESIGN means any design, form or shape of materials made through the preparation by any method.

RIGHT ON DESIGN

  • Any body may have a right on a design of any goods under the act, which is made or caused to be made by him, and has been registered in Department.

  • Owner ship of a design can be transfer.

  • No body shall make any goods by using other’s design or in a way to manipulate the people in general and copying such design without written consent of the person in whose name design is registered.

APPLICATION FOR REGISTRATION OF DESIGN

  • Person willing to get registered a design of any goods made or caused to be made by him shall apply to the department along with a description, drawings and sketch of design and four copies of its model.

  • Applicant shall submit prescribed application fee.

REGISTRATION OF DESIGN

  • The Department after examination of any application shall register the in name of applicant

  • The applicant shall pay prescribe registration fee to the Department to obtain the certificate of registration.

UN-REGISTRABLE DESIGN

The design shall not be registered;

  • If ,it is deemed to make adverse affect in the dignity of any individual or institution or,

  • It makes bad affect in the well being and morale of the people in general or in the national interest, or

  • If such design has already been registered to the name of other person

  • Department also looks whether the design to be registered is new and original.

Department may cancel the registration of any design in case if it deems that there is a situation of above.

TERMS AND RENEWAL OF DESIGN

  • The design holder shall have his right on the design for a period of five years from the date of its registration.

  • The design holder shall renew the registration of design within 35 days from the date of expiry.

PENALTY TO THE VIOLATOR

  • If any body violates the rights of registered design holder may be punished with a fine by the order of the Department and all the goods related with such offence shall be confiscated.

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