How to Protect a Product Design in Nepal

To protect a product design in Nepal, you must register it as an industrial design with the Department of Industry (DoI) under the Patent, Design and Trade Mark Act 1965. Registration grants you exclusive rights over the visual appearance of your product — its shape, configuration, pattern, or ornament — for an initial 5-year term, renewable twice for a total maximum of 15 years.

Key Takeaways

• Nepal protects product designs through industrial design registration at the Department of Industry, not through a separate "design patent" system.
• The governing law is the Patent, Design and Trade Mark Act 1965 (PDTA) — one statute covering all three industrial property rights.
• Registration is on a first-to-file basis; the first valid applicant gets the right, regardless of who designed it first.
• The initial term is 5 years, renewable for two further 5-year periods — a maximum of 15 years of protection.
• A design must be new and original and not previously published or used in Nepal or anywhere else.
• Nepal is not a member of the Hague System for international design registration; foreign applicants must file directly through a local agent.
• Industrial design protects visual appearance only — for functional or technical features, you need a patent.

What exactly is an industrial design under Nepal's law?

An industrial design protects the visual appearance of a product — its shape, configuration, surface pattern, lines, or colour combination. Under the Patent, Design and Trade Mark Act 1965, a design is defined by its ornamental and aesthetic features, not by how the product functions. Think of the distinctive curve of a chair, the textured surface of a phone case, or the unique pattern on a fabric. The protection covers how a product looks — not the idea behind it, not the material it is made from, and definitely not how it works. For functional inventions, you would file a patent application instead. A common mistake we see is business owners trying to protect a mechanical mechanism as a design — that won't work. Design registration and patent protection serve different purposes, and choosing the wrong one can leave your IP exposed.

Why should a business register its product design in Nepal?

Without registration, your product's visual appearance has no automatic legal shield in Nepal. Nepal is a first-to-file jurisdiction — the right belongs to whoever files a valid application first, not to the original creator. If a competitor copies your product's look and files before you do, they can lock you out of the market for that design. Registration gives you the exclusive right to make, sell, import, or license products bearing that design. It turns a creative asset into a commercial one — you can license it, use it as collateral, or enforce it against copycats through the DoI's quasi-judicial authority. For businesses exporting to Nepal or manufacturing here, it is also a signal to partners and investors that you take your intellectual property seriously.

Who can file for industrial design protection in Nepal?

The original creator of the design — or their legal successor in title — can file. If an employee creates a design in the course of their employment, the employer ordinarily owns the right, but confirming this through a written assignment or employment contract avoids disputes later. Foreign applicants can and do file in Nepal, but they must act through a Nepal-based agent or representative with a notarised Power of Attorney. There is no requirement to have a business registered in Nepal first. The Office of the Company Registrar (OCR) registration is a separate matter — you do not need a Nepali company to own a Nepali design registration, though many applicants do both in parallel. If you are a foreign designer or brand, our team can help you navigate the local filing requirements — just reach out via /contact.

Which NICE classes apply to industrial designs?

Industrial designs do not use the NICE Classification directly — the 45-class NICE system is for trademarks, classifying goods and services. Designs are instead classified under the Locarno Classification, an international system that groups products by type (furniture, packaging, textile articles, etc.). The DoI uses Locarno classes to categorise design applications. When you file, you must identify the product the design applies to and the relevant Locarno class. A single design application covers one design for one product — if your design appears across a whole product range, you may need multiple applications. Our NICE class finder helps with trademarks, but for design classification, speak with our team who can guide you on Locarno categories specific to your product.

How do you register an industrial design in Nepal — step by step?

The registration process follows a structured path at the Department of Industry. While the PDTA does not lay out a separate design-specific procedure in the same detail it gives to trademarks, in practice the DoI handles design applications through its Industrial Property section using a parallel workflow. Here is the process in order.

1. Conduct a design search. Before investing time and money, check whether an identical or confusingly similar design is already registered or pending. The DoI maintains design records — our team can help you run this search to avoid a rejection later.
2. Prepare your application. You need the application form, representations of the design (drawings, photographs, or both — typically from multiple angles), and a statement of novelty describing which visual features you claim as new and original.
3. File with the DoI. Submit the application, pay the government filing fee, and obtain an acknowledgment with your filing number and date. The filing date is critical — it establishes your first-to-file priority.
4. Formality examination. DoI examiners review your submission for completeness and check that the design is not purely functional, immoral, or contrary to public interest. They may issue queries or objections — you must respond within the given deadline.
5. Publication in the Industrial Property Bulletin. Once the DoI is satisfied, the design is published. This opens a 90-day window for third parties to file an opposition.
6. Opposition and hearing. If someone opposes — perhaps claiming your design lacks novelty or copies theirs — the DoI conducts an inquiry and hearing. If the opposition succeeds, the application is refused; if it fails, registration proceeds.
7. Registration and certificate. Pay the registration fee, and the DoI issues your design registration certificate. Your 5-year protection term begins from the registration date.

What documents are needed for industrial design registration?

The documentation for a Nepali design application is specific and getting it right the first time saves months of back-and-forth. Domestic applicants need the completed application form, a notarised Power of Attorney, a board resolution if the applicant is a company, and clear representations of the design — typically drawings or photographs from at least three views (front, back, side), plus a statement of novelty. Foreign applicants must also submit a notarised copy of any home-country design registration or priority application, with an English translation if the original is in another language. All foreign-filed documents need notarisation and must be submitted through a local agent. A common pitfall we see is poorly prepared representations — blurry photographs or drawings that don't clearly show the features being claimed. The DoI can reject an application outright if the visual representation isn't clear enough.

How long does industrial design protection last in Nepal?

The initial term is 5 years from the date of registration. You can renew it twice — each renewal extends protection by a further 5 years, giving a maximum total of 15 years. After 15 years, the design enters the public domain and anyone can use it freely. Renewal is not automatic — you must file a renewal application and pay the prescribed fee before the current term expires. If you miss the deadline, a late renewal window exists, but if you let it lapse entirely, the registration is cancelled and cannot be revived. This is a hard stop — unlike trademarks, there is no indefinite renewal path for designs. Our renewal calculator can help you track trademark renewal deadlines; for design renewals, we recommend setting a calendar reminder at least six months before expiry and reaching out to our team for help with the filing.

What does it cost to protect a product design in Nepal?

The total cost of industrial design registration in Nepal has two components: the official government fees payable to the Department of Industry, and professional fees for the agent or advisor who prepares and files your application. Government fees are charged per design, per application. Costs scale with the number of designs you are registering and whether you are a domestic or foreign applicant — foreign applicants pay higher official fees. The complexity of your design representations also affects professional costs; a design with intricate drawings and multiple views takes more preparation time than a simple shape. For a current, personalised cost estimate based on your specific product and filing situation, use our fee calculator or reach out through /contact and our team will give you a transparent breakdown.

What are the most common mistakes when trying to protect a product design?

We see five mistakes repeatedly — and they are all avoidable. First, disclosing the design publicly before filing destroys novelty. If you have shown the product at an exhibition, posted it on social media, or sold it in any market, a competitor can argue the design is no longer new, and the DoI may refuse registration. File before you launch — always. Second, confusing design protection with patent protection. Filing a design application for a functional mechanism will be rejected; file a patent for that. Third, poor quality representations. If the DoI examiner cannot clearly see what you are claiming, expect an objection. Use professional technical drawings. Fourth, assuming one application covers variations — each distinct design needs its own filing. Fifth, forgetting about renewal — 5 years passes faster than you think, and a lapsed registration leaves your design completely unprotected. Put a diary note at year four.

A realistic example: protecting a handcrafted lamp design

Imagine a Kathmandu-based design studio creates a new table lamp with a distinctive carved brass base and an asymmetrical fabric shade. The shape and the engraved surface pattern are the visual features the studio wants to own. Before showing the lamp at a Patan trade fair, the studio files an industrial design application with the DoI, submitting technical drawings of the base and shade from three angles, plus a close-up of the surface pattern. They include a statement of novelty: "The ornamental surface pattern consisting of intersecting curved lines carved into the brass base, and the asymmetrical trapezoidal shade as shown in the representations." The design is registered, and for the next five years no competitor can legally manufacture or import a lamp with that same visual appearance. The studio can license the design to a larger manufacturer or enforce it against a copyist who tries to sell a near-identical product in a Bhatbhateni outlet. If they renew twice, that protection stretches to 15 years — a long runway for a product that defines their brand.

What happens if someone copies your registered design?

The DoI has quasi-judicial powers and can act on a complaint from the registered owner. If you discover an infringing product in the market, you can file a complaint with the DoI, which will inquire and can order the infringer to stop. The PDTA provides for penalties, including fines and the seizure of infringing goods. For systematic counterfeiting, criminal enforcement through the police and courts is also an option. In practice, enforcement in Nepal works best when you have a clear, valid registration certificate — without it, you are left with a difficult passing-off claim that requires proving reputation and consumer confusion, which is far harder. Design registration gives you a straightforward legal basis to act quickly. For detailed guidance on enforcement options, see our opposition and enforcement services.

How does Nepal's design protection compare internationally?

Nepal is a member of the Paris Convention and TRIPS (through its WTO membership), which means you can claim priority from a design application filed in another Paris Convention country — you have six months from the first foreign filing to file in Nepal and retain that earlier priority date. However, Nepal has not joined the Hague System for the international registration of industrial designs, and it is not a PCT member. There is no single "global design" filing that covers Nepal. Every foreign applicant must file directly with the DoI through a local representative. WIPO administers the Locarno Classification that Nepal uses, and the Department of Industry's approach, while slower than some jurisdictions, is functional and follows internationally recognisable principles. The key difference from many Western systems is simply that it is a single-country, agent-required filing with no international shortcut.

In short

Protecting a product design in Nepal is a matter of filing an industrial design application at the DoI before any public disclosure, backing it with clear professional representations, and then maintaining it through timely renewals. It is a first-to-file system with a 5-year initial term, extendable to 15 years. The process is accessible to both domestic and foreign applicants through a local agent, and while Nepal is outside the Hague System, Paris Convention priority rights do apply. The single biggest takeaway: file before you reveal. Once the design is out in the world, the opportunity to own it may be gone.

Start with a design search to see what is already on file. Search existing designs and trademarks or speak with our team about filing your industrial design application in Nepal.

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