IP Law in India vs Nepal: Key Differences

The Department of Industry (DoI) registers IP rights in Nepal under the Patent, Design and Trade Mark Act 1965, while India administers IP through a dedicated Controller General under the Trade Marks Act 1999 and Patents Act 1970 — both countries are first-to-file, but the statutory frameworks, timelines, terms, and treaty memberships create real operational differences for businesses active on both sides of the border.

Key Takeaways

• Both Nepal and India are first-to-file jurisdictions — the first valid application wins, regardless of prior use.
• Nepal's trademark term is 7 years (renewable); India grants 10 years (renewable).
• India is a member of the Madrid System and PCT; Nepal is not — foreign applicants must file directly through a local agent in Nepal.
• Nepal's patent term is 7 years; India's is 20 years — a vast gap for technology and pharma filers.
• Nepal's entire IP framework sits in one statute from 1965; India has separate modern acts for each right.
• Opposition windows differ: 90 days in Nepal (from publication in the Industrial Property Bulletin) versus 4 months in India.
• Enforcement in Nepal runs through a quasi-judicial DoI process; India has a dedicated IP Appellate Board and specialist IP courts.

Which law governs IP rights in India and Nepal?

India operates under a suite of modern, right-specific statutes — the Trade Marks Act 1999, the Patents Act 1970 (amended 2005), and the Designs Act 2000 — administered by the Office of the Controller General of Patents, Designs and Trade Marks. Nepal runs its entire industrial-property system through a single statute: the Patent, Design and Trade Mark Act 1965 (PDTA), administered by the Department of Industry in Kathmandu. India's framework reflects post-WTO TRIPS compliance; Nepal's Act, though amended several times, remains a pre-TRIPS instrument.

Are both countries first-to-file?

Yes — India and Nepal are both firmly first-to-file jurisdictions. In Nepal, rights arise only upon registration with the DoI under Sec. 16 of the PDTA; prior use alone creates no registered title. India's Trade Marks Act 1999 operates identically in principle — the first valid application filed with the Trade Marks Registry secures priority. However, India gives stronger weight to prior-use evidence in opposition and passing-off proceedings, a nuance that Nepal's more compact statute handles less elaborately.

How do trademark registration terms compare?

Nepal grants a 7-year registration term, renewable for further 7-year periods indefinitely under Sec. 18D and Sec. 23B of the PDTA. India grants a 10-year initial term under Sec. 25 of the Trade Marks Act 1999, also renewable perpetually in 10-year blocks. The shorter Nepali term means you face renewal deadlines nearly twice as often — a practical cash-flow and docketing consideration for any business managing a trademark portfolio across both countries.

What is the registration process in each country?

The broad sequence is similar — file, examine, publish, oppose, register — but the details and timelines differ materially.

In Nepal, a single application covers one NICE class — a brand spanning three classes requires three separate applications. India allows multi-class applications under the Trade Marks Rules 2017, which can reduce administrative overhead for a portfolio covering several classes. Both countries follow the WIPO-administered NICE Classification system.

How do patent and industrial design terms differ?

This is where the gap widens dramatically. Nepal's patent term is 7 years from the date of registration under the PDTA, renewable for one additional 7-year period. India grants a full 20-year term from the date of filing under Sec. 53 of the Patents Act 1970, consistent with TRIPS standards. Nepal's industrial-design term is 5 years, renewable twice for a maximum of 15 years; India's Designs Act 2000 gives 10 years, extendable by 5 more. For pharmaceutical or deep-tech inventions where commercialisation takes years, Nepal's shorter patent window is a genuine structural limitation.

What about international filing routes?

India is a member of the Madrid System for international trademark registration and the Patent Cooperation Treaty (PCT) for patents — an Indian business can designate Nepal in a Madrid application, but because Nepal is not a Madrid member, that designation has no effect. Foreign applicants seeking protection in Nepal must file directly through a Nepal-based agent or representative with a notarised Power of Attorney. This direct-filing requirement adds cost and procedural friction that Indian companies accustomed to the Madrid System often underestimate when planning their cross-border IP strategy.

How does opposition and enforcement work?

In Nepal, anyone may file an opposition with the DoI within 90 days of publication in the Industrial Property Bulletin. The DoI acts as a quasi-judicial body — its Law Division conducts hearings and issues rulings. India's opposition process runs through the Trade Marks Registry with a 4-month window from publication, with appeals going to the Intellectual Property Appellate Board (IPAB) and ultimately to the High Courts. Nepal lacks a specialised IP tribunal; disputes beyond the DoI proceed through the regular district court system, which can be slower and less predictable for IP matters. Both countries protect unregistered marks through the common-law doctrine of passing-off, though India's case law on passing-off is far more developed and commercially tested.

Which NICE classes matter for cross-border protection?

The NICE Classification applies identically in both countries — Classes 1–34 for goods, Classes 35–45 for services. The strategic difference is procedural: a Nepali business exporting to India can often consolidate protection across multiple classes in one Indian application, while an Indian entrant into Nepal must file a separate application per class. Common cross-border classes include Class 35 (retail, advertising, e-commerce), Class 25 (clothing, footwear), Class 43 (restaurants, hotels), and Class 5 (pharmaceuticals). Our NICE class finder tool helps identify which classes your goods or services fall under for either jurisdiction.

What documents does a foreign applicant need in Nepal?

A foreign entity — including an Indian company — filing a trademark in Nepal must submit a notarised Power of Attorney signed by the applicant and attested by two witnesses, a board resolution of the company, the mark's label or specimen, and a notarised certified copy of the home-country registration certificate in English. The DoI requires this home-registration proof before it will process a foreign application — a step not required in India, where foreign applicants file on equal footing with domestic ones. Our team can help you prepare the correct documentation package; reach out through our contact page for guidance.

What are the most common mistakes businesses make?

A mistake we see regularly is assuming a trademark registered in India automatically covers Nepal — it doesn't. Each country is a separate jurisdiction, and Nepal's non-membership in the Madrid System means an Indian registration gives zero legal cover in Kathmandu. Another common error is filing too narrowly in Nepal — because the DoI doesn't accept multi-class applications, a business that sells both packaged foods (Class 30) and runs a café (Class 43) must file two applications. Filing only one leaves the other activity unprotected. A third pitfall is underestimating Nepal's shorter 7-year renewal cycle — missing a renewal here has tighter consequences than in India, where the 10-year term offers more breathing room. If you're unsure whether your existing Indian protection extends across the border, start with a trademark database search to see if someone has already registered a conflicting mark in Nepal.

A practical cross-border example

Imagine a Kathmandu-based pashmina exporter, "Himalayan Weave," that has built a strong reputation in India through trade fairs and online sales. The brand is registered in Nepal under Class 25, but the owner hasn't filed in India, assuming the Nepali registration provides regional protection. A Delhi-based trader notices the unregistered mark and files "Himalayan Weave" in India under the same class. Because India is first-to-file, the Delhi trader now holds the registered title — and the original Nepali exporter faces an expensive opposition or cancellation proceeding, with no guarantee of success. The fix is straightforward: file in both jurisdictions before the brand crosses the border, and use the Paris Convention priority mechanism (available to both Indian and Nepali applicants through the WIPO-administered system) to lock in the earliest filing date.

In short

• India and Nepal are both first-to-file, but India offers longer terms (10/20 years vs. 7) and multi-class filing.
• Nepal's entire IP framework rests on one 1965 Act; India uses separate modern statutes for each right.
• Nepal is outside the Madrid System and PCT — all foreign filings must go through a local agent.
• Registration in one country gives zero automatic protection in the other.
• The opposition window is 90 days in Nepal versus 4 months in India.
• Indian businesses entering Nepal need a home-country registration certificate; Nepali businesses filing in India do not.

Protecting your IP across both jurisdictions starts with knowing what's already registered. Run a trademark search in Nepal's database to spot conflicts early, and when you're ready to file, our team can guide you through the DoI process — get in touch or explore our trademark registration service to begin.

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