Nepal’s Industrial Property Bill is a draft that would replace the Patent, Design and Trade Mark Act 1965, but it is not law, as of our last check. Press reports describe new rights such as geographical indications and trade secrets. We could not confirm the text on an official site, so every filing today still follows the 1965 Act.
Key takeaways
- The bill is a draft from the Ministry of Industry, Commerce and Supplies. It has not been passed or brought into force, as far as we can find.
- WIPO’s list of Nepal’s IP laws still shows the 1965 Act as the law for patents, designs and trademarks.
- Press reports say the draft would add geographical indications, trade secrets and other rights, and create a dedicated IP office.
- Reported details have changed between drafts, so no reported provision is safe to plan around.
- Nepal is first-to-file for trademarks. Waiting for a new law can cost you your brand.
- Existing registrations follow the 1965 Act. What happens to them under a new law depends on the final text.
What is Nepal’s Industrial Property Bill?
It is a proposed law to replace the Patent, Design and Trade Mark Act 1965, the single Act that has governed patents, designs and trademarks in Nepal for about six decades. The Ministry of Industry, Commerce and Supplies prepares it, and its website lists a document titled “a bill to amend and consolidate the law on industrial property”.
Drafts have been discussed for several years. Copyright is not part of it; that stays under the separate Copyright Act 2002.
Why does Nepal want a new IP law?
The 1965 Act was written long before Nepal joined the WTO in 2004 and took on the TRIPS Agreement, which sets minimum standards for IP protection. The Act has been amended several times, most substantially in 2006, but it still covers only three rights and has no chapters on geographical indications or trade secrets.
As a least-developed country, Nepal has a transition period under TRIPS; the WTO says it runs until 1 July 2034, or until a country stops being least-developed. The ministry also published a National Intellectual Property Policy in 2017 (2073 BS), which sits behind the push for a modern Act.
Has the Industrial Property Bill been passed?
Not as far as we can find. A bill becomes law in Nepal only after both houses of Parliament pass it and the President authenticates it. Until then, the 1965 Act applies to every application at the Department of Industry (DoI).
Here is what has been reported, which we could not confirm on the Parliament or ministry websites:
- The Kathmandu Post reported in May 2025 that the draft was under Cabinet review, with registration in Parliament to follow.
- Karobar Daily reported in 2026 that an earlier version lapsed when the House of Representatives was dissolved, and that the ministry had published a revised draft and invited comments.
Treat both as reports, not as a legal record. The status can change quickly, and the text can change with it.
What has been reported about the bill?
Press coverage of the drafts mentions these topics. None of them is law, and we have not seen an official final text:
- a dedicated industrial property office to handle registrations and disputes;
- geographical indications, with Ilam tea named as an example in one report;
- trade secrets, integrated circuit layout designs and utility models;
- express protection for well-known trademarks;
- a say for communities when their traditional knowledge is used in a patent application;
- higher penalties, reduced fees for startups, and compulsory licensing in emergencies.
Reports also say the proposed protection terms for patents and designs changed from one draft to the next. That is the clearest reason not to plan around any reported figure.
| Topic | Today, under the 1965 Act | Reported in the draft (unconfirmed) |
|---|---|---|
| Rights covered | Patents, designs, trademarks | Adds GIs, trade secrets, utility models and more |
| Registering office | Department of Industry | A dedicated industrial property office |
| Trademark term | 7 years, renewable without limit | Not confirmed; check the final text |
| Well-known marks | Trademark Directives 2072 and case law | Written into the law |
| Traditional knowledge | No dedicated rules | A community say in patent applications |
What would new rights mean for businesses?
If a GI system is created, producers in a defined area could share a protected regional name, which no single trademark can do today. If trade secrets are protected by statute, a business could act more directly when confidential know-how is leaked or taken.
Until then, businesses use what exists. A producer group can register its own name or logo as a trademark and let members use it in writing. A company protects confidential information mainly through contracts, such as confidentiality clauses with staff and partners. How far those contracts reach is a question to ask a lawyer.
What does the 1965 Act say today?
These rules apply to every filing and renewal until a new law takes effect:
- Trademarks last 7 years from registration and renew in 7-year terms without limit (Sec. 18D, Sec. 23B). Anyone may oppose a published trademark within 90 days.
- Patents last 7 years and can be renewed twice; designs last 5 years and can be renewed twice. The objection window for both is 35 days after publication.
- Renewal is due within 35 days of expiry, with a 6-month late window on payment of a fine, after which the right is cancelled (Sec. 23B).
- A trademark not used within one year of registration can be cancelled (Sec. 18C).
- A right registered abroad is not valid in Nepal until registered here (Sec. 21B), and Paris Convention benefits apply (Sec. 21C).
The Act, with its amendments, is on the Nepal Law Commission site.
How does a draft become law in Nepal?
A government bill is prepared by the ministry, approved by the Cabinet and registered in Parliament. It must pass the House of Representatives and the National Assembly, and then the President authenticates it. A new law often needs rules and a start date before offices can apply it in practice.
The House of Representatives publishes the bills registered with it on its website. A web search of that site did not turn up the Industrial Property Bill when we checked, which fits the reports that it lapsed and is back at the draft stage.
Should you wait for the new law before filing?
No. Nepal is first-to-file for trademarks: rights come from registration, and the earliest complete application generally wins. A brand you do not file today can be filed by someone else tomorrow, whatever the next law says.
The same logic applies to patents and designs, where a public disclosure before filing can harm novelty. File under the rules that exist, and adjust if the law changes.
How can you protect your IP while the bill is pending?
- File now. Register your brand at the DoI; our trademark registration service handles each step. An unopposed trademark usually takes about 12–14 months.
- Renew on time. Track the 7-year term and the 35-day renewal window with the renewal calculator, or let our renewal team file it.
- Use your mark. Keep dated evidence of use, because an unused mark can be cancelled.
- Watch the bulletin. The 90-day opposition window runs whatever happens to the bill.
- Check official sources. Look for the enacted text on the Law Commission site and any new procedure on the Department of Industry site.
What happens to existing registrations if a new law passes?
Only the final text can answer that. Laws that replace older ones usually contain transition rules for rights already granted and applications already pending, but we have not seen an official version of those rules for this bill.
Until a new law says otherwise, a registration under the 1965 Act keeps its current term and renewal date. Do not assume a longer term, a different renewal date or automatic conversion. When a new Act is published, check its transition section, or ask a lawyer.
Common mistakes while a new law is pending
- Treating a draft as law. Reported provisions have no legal effect.
- Waiting to file. First-to-file means delay can cost you the mark.
- Assuming a new trademark term. The current term is 7 years until the law changes.
- Trying to register a GI now. Nepal has no GI register until a law creates one.
- Relying on old summaries. Earlier versions of pages like this one stated reported changes as settled. Check the date and the source.
What does this look like for a startup?
Here is an illustration, not a real case. A Kathmandu snack startup reads that a new IP law is coming and decides to wait for it before filing its brand. Six months later a trader files a near-identical mark at the DoI.
The trader’s application is examined under the 1965 Act and published in the bulletin. The startup can still oppose within 90 days, but it now has to prove its case at a hearing, instead of simply owning an earlier filing. A search and a filing six months earlier would have avoided the dispute.
In short
Nepal’s Industrial Property Bill is a draft, not law, as far as we can find. Reports describe new rights and a dedicated IP office, but the details have changed between drafts and we could not confirm them officially. Until a new Act is published and in force, the 1965 Act governs every filing, renewal and dispute.
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Unsure whether to file now or wait? Tell us what you want to protect and we will explain the position under the current law. This article is general information, not legal advice.
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