Kathmandu, March 29

The government is in the process of framing an umbrella policy for the protection of intellectual property (IP) in a bid to establish a single IP office in the country. The IP office will be authorised to deal with all kinds of IP-related issues, according to Minister for Industry Som Prasad Pandey.

Addressing the inaugural function of the training programme on IP for government officials and private sector associations in Kathmandu, jointly organised by the Department of Industry and US Embassy in Nepal, today, Minister Pandey highlighted that the country has numerous intellectual property laws, however, lack of resources — both human and capital — has hindered its effective implementation.

The scattered mechanism to deal with intellectual property has also been identified as one of the major barriers in effective enforcement of IP laws. Currently, there are separate policies and laws for industrial intellectual property — for instance, patent, design, trademark and geographical indications (GI) fall under the jurisdiction of the Ministry of Industry (MoI), whereas those related to copyrights fall under jurisdiction of the Ministry of Culture, Tourism and Civil Aviation (MoCTCA).

Under the existing system, MoCTCA has set up Nepal Copyright Registrars’ Office to deal with copyright-related issues. On the other hand, the MoI has formed a dedicated section to deal with cases on intellectual property.

As Nepal acceded to the World Intellectual Property Organisation (WIPO) in 2005, the country needs to report to WIPO about progress achieved based on commitments of international treaties. The government, in this regard, has identified the need of sole IP office to deal with all issues related to intellectual property, instead of separate institutions.

As Nepal has established trade and investment relations with various countries, protection of IP has become crucial, as per Minister Pandey.

Also addressing the inaugural session, John L Carwile, deputy chief of mission of the US Embassy in Nepal, said that strong intellectual property rights regime is vital in order to create environment for entrepreneurs to start business because intellectual property has been established as the driving force of the world’s economy.

As Nepal has been attracting investment from abroad, foreign investors are more conscious regarding the protection of intellectual property. Citing the recent visit of the United States Deputy Assistant Trade Representative Dawn M Shackleford to the country, Carwile informed that USTR had noted that IP-related issues are one of the major challenges that American companies are facing in setting up business in Nepal.

He stressed that the country needs to enact and enforce effective IP laws to attract foreign investors. “The United States gives top priority for the promotion of sustainable and inclusive growth in Nepal,” he said, adding, “In this regard, without protection of IPs, individuals cannot reap the benefits from their invention and creation.”

American industries have strong base for securing IPs. According to US Chamber of Commerce (USCC), the value of American intellectual property is around $5.8 trillion.

Nancy L Omelko, attorney-advisor (Trademarks) from United States Patent and Trademark Office, is the key resource person for the one-and-a-half day long training programme for government officials and private sector.

The programme is being participated by the officials from the MoI, Ministry of Commerce, Department of Customs, Department of Industry and representatives from private sector organisations namely, Federation of Nepalese of Chambers of Commerce and Industry and Confederation of Nepalese Industries.