Introduction

Design plays an important role in making products more appealing. When a product looks attractive, it can attract more customers. The outer appearance of an item such as its shape, pattern, or decoration is called its design. A unique design can help a product stand out. In some cases, design becomes the identity of a brand. For example, the shape of the Coca-Cola bottle or look of the iPhone.

Across the world, there are legal systems that protect these designs. The law that gives protection to such designs is called Industrial Design law. This protection ensures that others cannot copy or use the design without permission. It encourages creativity, innovation, and provides a competitive edge in business.

What is Industrial Design?

Industrial Design refers to the ornamental or aesthetic aspects of an article. It includes the outer look or visual appeal. It may consist of shapes, patterns, lines, or colors. Industrial design does not deal with the function or technical features of a product. It is different from a patent. A patent protects a new invention or function that may not be visible. But design protection is only for how a product looks or visible looks. For example, if you invent a new type of bottle cap that opens differently, you need a patent. But if you create a new attractive shape for the bottle, you need a design registration.

Requirements for Design Protection

According to the WIPO (World Intellectual Property Organization) model law, a design must meet the following conditions to be registered:

1. New or Original: The design should not be copied. It should be new and original.
2. Visible: The design must be visible to the human eye.
3. Non-obvious: The design should not be an obvious one that anyone could easily create.
4. Not Previously Published: It should not have been made public before.
5. Should Add Commercial Value: The design should help the product in the market.
6. Legal Subject Matter: The design should not be immoral or against public order.

Design is a cross-disciplinary profession. It links art, law, business, and innovation. It helps promote economic growth by encouraging unique product designs.

Process of Design Registration in Nepal

In Nepal, the process of registering an industrial design is governed by the Patent, Design and Trademark Act, 2022 B.S. (1965 A.D.). Here is a simple explanation of the process:

Step 1: Filing the Application: According to Section 12 and 13 of the Act, any person who wants to register a design must file an application. The applicant must submit four copies of the design including maps, drawings, and other necessary details. The application fee is NRP 1000.

Step 2: Examination: After submission, the Department checks if the application fulfills all the required formalities. This includes checking if the design is new, original, and meets legal conditions.

Step 3: Grant or Refusal: According to Section 14 and 23(B), if the Department finds the application satisfactory, it registers the design in the applicant’s name. The applicant receives a Certificate of Registration. If the application is rejected, the applicant receives a Notice of Rejection. The registration is valid for 5 years from the date of the application. A fee of NRP 7000 is charged at the time of registration.

Step 4: Renewal: The registration can be renewed twice, each time for 5 years. The first renewal fee is NRP 1000, and the second is NRP 2000. Renewal must be done within 35 days of expiration.

Step 5: Publication and Objection: After registration, the design is published. Any person can file an objection within 35 days from the publication date.

Step 6: Cancellation: The registered design can be canceled if, it is found not to be new or original, if it violates public morality, if it was registered by fraud.

Ownership of Industrial Design

The person whose name is registered becomes the owner of the design. The owner has exclusive rights to use the design. The owner can also sell or license the rights to others.

When someone registers an industrial design in Nepal, they gain exclusive rights to exercise of Industrial Design. The owner can use it, sell it, or license it to others. They can display it on products and promote their brand identity. These rights help the designer control how the design is used in the market and gain commercial benefits from it.

Infringement of Industrial Design

If someone uses a registered design without permission, it is called infringement. Section 12(2) of the Act mentions that using a registered design without the owner’s consent is an illegal act. The owner can take legal action against the infringer.

Remedies for Infringement

If anyone uses a registered design without the owner’s permission, the owner can take legal action. The law allows the owner to file a complaint with the Department of Industry or go to court. Remedies include stopping the unauthorized use, receiving compensation, and sometimes cancellation of the infringing product’s registration.

National Laws on Design

Nepal’s legal framework is based on the Patent, Design and Trademark Act, 2022 B.S. The Department of Industry is responsible for the registration of designs. The Act provides definitions, procedures, rights, penalties, and other legal provisions related to design.

International Protection of Industrial Designs

Nepal is not yet a member of the Hague Agreement Concerning the International Registration of Industrial Designs, which limits the global reach of local creators. By joining international treaties and harmonizing national laws with TRIPS and WIPO standards, Nepalese designs can gain recognition and protection abroad, boosting exports and global competitiveness.

Importance of Design Protection

1. Encourages Innovation: When people know their designs are safe, they feel motivated to create new ones.
2. Promotes Business: Unique designs make products stand out and attract customers.
3. Adds Commercial Value: A good design can increase the market value of a product.
4. Strengthens Brand Identity: Design can become the face of a brand.
5. Legal Security: The registered owner can prevent others from copying the design.

Challenges in Design Protection in Nepal

Despite the potential benefits of industrial design protection in Nepal, several challenges hinder its effective implementation. The foremost issue is the outdated legal framework, with the Patent, Design and Trademark Act of 1965 failing to meet the standards of modern design innovation and international treaties. It lacks clear definitions, enforcement mechanisms, and digital accessibility, making it difficult for creators to navigate the system. Additionally, there is a widespread lack of awareness among designers, startups, and businesses about the importance of protecting designs. Many creators unknowingly forfeit their rights or face exploitation due to the absence of basic legal knowledge and guidance.

Another key challenge is the inefficiency and complexity of the registration process. Manual procedures, lengthy timelines, and lack of clarity discourage many applicants. Even when designs are registered, weak enforcement mechanisms mean that infringers often go unpunished, reducing trust in the system. Furthermore, international protection is rarely pursued, as most Nepali designers are unaware of or unable to afford cross-border registrations. The absence of financial or legal support adds to the burden. Without addressing these challenges through systemic reform, Nepal risks losing out on the economic and cultural value that industrial design innovation can bring.

Suggestions for Improvement

To strengthen industrial design protection in Nepal, it is essential to first reform the existing legal framework, especially the outdated Patent, Design and Trademark Act, 1965 (2022 B.S.), to align with international agreements such as TRIPS and the Hague Agreement. Modernization of the law will ensure that design rights are clearly defined, enforceable, and globally recognizable. Alongside legal reform, the government should launch awareness and educational campaigns targeting designers, students, and entrepreneurs. Many talented individuals remain unaware of the economic value and legal safeguards offered by design protection. Seminars, digital content, and collaboration with universities can bridge this knowledge gap.

Additionally, the registration process should be simplified through digitization, clear guidelines, and quick processing times. Making the process user-friendly will encourage more designers to officially register their creations. Moreover, stronger enforcement mechanisms are necessary to prevent and penalize infringement. Without enforcement, protection is ineffective. The government should also facilitate international design registration, providing technical and financial support to help Nepali designers compete in global markets. These steps together will create a supportive ecosystem where design innovation is legally protected, economically rewarded, and globally respected.

Conclusion

Industrial design protection is essential for promoting innovation, supporting businesses, and safeguarding creative work. In Nepal, while a legal framework exists under the Patent, Design and Trademark Act, 1965, it falls short in several key areas such as modern applicability, awareness, procedural clarity, and international cooperation. Strengthening this system through legal reform, digitization, education, and international alignment can unlock the full potential of Nepal’s creative and manufacturing industries. By empowering designers with robust protection and support, Nepal can foster a culture of innovation and establish a stronger presence in global markets.