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Chapter 5
Miscellaneous
20 RIGHT TO
APPOINT AGENT
Any person may
appoint an agent or legal practitioner for the purpose of taking
any action which he is required to take under this act, and all
actions taken by such agent or legal practitioner shall be deemed to
have been taken by him personally.
21 (Repealed
on October 18, 1987).
21A. Publication
of Registered Designs and Trade-Marks
(1) The
Department shall publish the designs registered
under Section 14 and the trade-marks registered under Section
18, as well as particulars of their renewal or cancellation, for
information of the public.
2) Any one
who has any objection to the particulars
published under Sub-Section (1) may file a complaint to the department
within a period of 35 days from the date of publication
of such particulars. The department shall take
necessary actions after holding inquiries
into such complaints.
21B. Title
Not to be valid Unless Registered in Nepal
The title
to any patent, design or trade-mark
registered in a foreign country shall not be valid in Nepal unless
it is registered in Nepal by the concerned person.
21C. Registration
of Foreign patents, Designs and Trade-Marks.
The department may register
patents, designs and trade- marks registered in foreign countries without
conducting any enquiries if an application is filed for their
registration along with certificates of their registration
in foreign countries.
21D. Use of
Designs and Trade-Marks May be Permitted
(1) In case
any one wishes to allow others to make use of a design or trade-mark
registered in his name at the department,
both parties must submit a
joint application to the department clearly mentioned
the matter, along with the prescribed fees.
(2) In case
an application is received under Sub-Section (1), the
department may grant approval for the use of such design or trade-mark
by the other person.
3) In case the
department grants permission for the use of design on trade-mark
under Sub-Section (2), the title to the concerned
design or trade-mark shall be transferred
to the person who has been permitted to make
use of such design or trade-mark.
22 DEPARTMENT
MAINTAIN REGISTER
The department
shall maintain separate registers of patents,
designs and trade-marks, indicating
therein registration or cancellation thereof effected
under this
act.
23 APPLICATION
FOR AND REGISTRATION AND RENEWAL OF PATENTS,
DESIGNS AND TRADE-MARKS ALREADY REGISTERED
IN FOREIGN COUNTRIES
(1) Notwithstanding
anything contained in Sections
4,7,13,14,17, and 18, while registering or arranging
for the registration of any patent, design and trade- marks
already registered in foreign countries, a fee double
the amount of the fee prescribed for application and registration
in Schedule 3 shall be charged in equivalent
convertible foreign currency determined on the basis of
the current rate of exchange.
(2) While
renewing a patent, design and
trade-mark registered under Sub-Section (1), a fee
double the amount of the fee prescribed for renewal in Schedule
3 shall be charged in convertible
foreign currency determined on the basis
of the current rate of exchange.
23A. Prohibition
to Register in Foreign Countries
without Registration in Nepal.
(1) Patents,
designs and trade-marks of good produced in Nepal
shall not be permitted to be register in foreign countries unless
they are registered in Nepal.
(2) In case
any one registers any patent, design and trade- mark in foreign
countries in contravention of Sub- Section (10,
he may be punished with a fine
not according Rs 5000 as well is contiscation of all goods produced
under such patent, design or trade-mark, on the orders
of the department.
23B. Precedure
Relating to Renewal of Patents, Designs and Trade-
Marks
(1) A patent,
design or trade-mar holder must renew his patent,
design or trade-mark within a period of 35 days from the date
of expiry of the turn for which he is entitled to
use the patent, design or trade-mark under Section 8, Section
14A or Section 18D by submitting an application in the form
mentioned in Schedule 2 (d), 2(e) and 2(f) respectively
and paying the fee motioned in Schedule 3.
(2) (A patent,
design or trade-mark) may be renewed by paying
a fine of Rs 100 within six months after the
expiry of the time-limit for renewal according to Sub- Section
(1).
(3) Notwithstanding
anything contained in Sub-Section (1) and 92), a patent
may be renewed not more than two times for a
period of seven years at a time, a design not mode than two times
for a period of five years at a time, and a trade-mark any number of
times for a period of seven years at a time.
24 COPY OF
CERTIFICATE
In case the certificate
of registration of any patent, design or trade-mark is lost, a copy
thereof may be obtained from the department on payment of
a fee the prescribed amount.
25 COMPENSATION
In case any person whose patent, design
or trademark is registered under this act, actually suffers any
losses as a result of any other person contravening
the provisions of this act in respect to such patent,
design or trade-mark, the department may have the appropriate
amount of trade- mark, the department may have the appropriate
amount of such losses recovered from such
offender in the form of compensation.
26 REGISTRATION
UNDER THIS ACT.
The patents, designs
and trade-marks registered prior to the commencement of this act
under the patent, design and trademarks law enacted in 1936, shall be
deemed to have been registered under this act, with effect from
the date of its
commencement.
26A. Power
to have Alterations in Rates of Fees
His Majesty's
Government may make alterations in the amount of fees
prescribed in Schedule 3 by notification in the Nepal Rajapatra.
27 APPEAL.
Any person who
is not satisfied with the order issued by the department under
this Act may file an appeal with the Zonal Court within 35 days.
28 REPEAL
The patent, design
and trademark law of 1936 has been repealed.
Schedule 1(A)
Specimen Form of Application For
Registration of Patent
To
.....
.....
Since I am/We
ar the inventor/s of ..... I/we hereby
apply, attaching herewith the principle/formaula/and maps
and drawings containing all particulars, as well as the
application fee, for the registration of its patent.
I/we hereby request you to register the
patent in my name/our names and issue to me/us a certificate
thereof.
Witnesses:
Signature of the Applicant
1.
.................
2.
Address
Date
Schedule 1(B)
Specimen Form of Application For Registration
of Design
To,
....
....
Since I/we have manufactured am/are arranging
for the manufacture of ...... according to the
design attached hereto, I/We hereby submit an application,
along with the maps and drawings containing
full particulars thereof,four pieces of samples,
and the application fee, requesting the registration of the design.
I/We hereby request you to register the design in my name/our
names and then issue to me/us a certificate thereof.
Witnesses:
Signature of the Applicant
1.
....... ...........
2.
Address:
Date:
Schedule 1(C)
Spacing Form of Application
For Registration of Trade-Mark
To,
.......
......
Since I/we intend to affix/have been affixing the trade-mark attached
here to on...., I/we hereby apply for the registration of
that trade-mark along with four samples
thereof and the application fee. I/we hereby
request you to register the trade- mark in may name/our
names and issue a certificate thereof to
me/us.
Witnesses:
Signature of the Applicant
1.
.......... ........
2.
Address
Date:
Schedule 2(A)
Spaceman Form of certificate of Registration
of Patent
His Majesty's Government
....... Ministry
.......Department
Certificate No.
Date:
Certificate of Registration
of Patent
The patent of ...... which has been invented by .....
has been registered under Section 7 of the 1965 patent,
Design and Trade-Mark act, and this certificate has been issued according
.................
Director-General
----------------------------------------------------------------
Date of Renewal
Date on which the
signature and seal
Renewed term expires of the
Renewing
Authority
-----------------------------------------------------------------
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Schedule 2(B)
Specimen Form of Certificate of Registration
of Design His Majesty's Government
....... Mijistry
....... Department
Certificate No.
Date
Certificate of Registration
of Design
The design of .... manufactured/or
arranged for the manufacture thereof by... has sen
registered under Section 14 of the 1965 patent, Design and Trade-Mark
Act, and this certificate has been issued accordingly.
.................
Director General
-----------------------------------------------------------------
Dat of Renewal
date on which the Signature
and Seal
Renwed tern Expires of the Renewing
Authority
-----------------------------------------------------------------
-----------------------------------------------------------------
Schedule 2(C)
Specimen form of Certificate
of Registration Trade-Mark
His Majesty's Government
......Ministry
......Department
Certificate No.
Date:
Certificate of Registration
of Trade-Mark
The trade-mark affixed/to be affixed in .... by.... has been registered
under Section 18 of the 1965 patent, Design,
and Trade-Mark Act, and this certificate has been issued accordingly.
............
Director-General.
-----------------------------------------------------------------
Date of Renewal
Date on which the Signature and Sea of
Renewed Tern Expires the Renewing
Authority
-----------------------------------------------------------------
-----------------------------------------------------------------
Schedule 2(D)
Specimen Form of Application For the
Renewal of Patent
To,
......
....
Since the duration of the registration of the
patent of ..... registered by me/us on... has expired,
I/we hereby request
you for the renewal thereof. The renewal fee is enclosed
Signature of the Applicant
................
Address:
Date:
Schedule 2(E)
Specimen Form of Application
For Renewal of Design
Since the duration of the registration of the
design of ...... registered by me/us on.. has expired, I/We
hereby request you for the renewal thereof. The renewal fee is
enclosed.
Signature of the Applicant
.................
Address:
Date:
Schedule 2(F)
Specimen Form of application
for Renewal of Trade-Mark
To,
.....
.....
Since the duration of the registration of the
trade-mark being affixed by us in ... by registering it
on... has expired, I/We hereby request you for the renewal thereof.
The renewal fee is enclosed.
Signature of the Applicant
................
Address:
Date:
Application Registration, and Renewal Fees In Respect
to latents, Designs and Trade-marks
(1) Patent
(a) Application fee - Rs 100
(b) Registration fee - Rs 1000
(c) Renewal fee -
Rs 300
(2) Design
(a) Application fee - Rs 100
(b) Registration fee - Rs 700
(c) Renewal fee -
Rs 200
(3) Trade-Mark
(a) Application fee - Rs 100
(b) Registration fee - Rs 1600
(c) Renewal fee -
Rs 150
Ministry of Industry
Nepal Rajapatra, Vel. 37,
No. 35, Poush 6, 2044 (December 21,
1987)
In exercise of
the power conferred by Section 2 (c) of the 1965 Patent, Design,
and Trade-Mark Act, HMG has proscribed fees as follows for
following purposes as mentioned in that act:-
(1) For the purpose
of Sub-Section (2) of Section 7A of the Act, Rs 200 for inspection
particulars, sketch, or design of any patent, and Rs 400 for obtaining
the copies thereof.
(2) For the
purpose of Sub-Section 93) of Section 9 of the Act, Rs 1000 for transferring
the registration of a patent.
(3) Rs 700
for transfer of designs, and Rs 400 for transfer oftrade-marks,
according to Sub-Section (1) of Section 21D of the act.
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