Trumping Local Marks: A Note on Well-Known Trade Marks in Nepal

Journal of Intellectual Property Law & Practice (2019) 14(2)144

23 Pages Posted: 14 Nov 2018 Last revised: 27 Feb 2019

See all articles by Pratyush Nath Upreti

Pratyush Nath Upreti

Queen's University Belfast, School of Law; University of Helsinki - Faculty of Law; Institut d'Etudes Politiques de Paris, Sciences Po Law School

Date Written: October 22, 2018

Abstract

The adoption of a first-to-file system has encouraged local companies to register famous foreign marks in Nepal, which have undermined foreign companies' business and tarnished Nepal's imagine for inadequate protection for foreign brands. The recent decision of the Department of Industry (DOI) to recognize 'Facebook' as a well-known trade mark shows a changing attitude towards well-known marks in Nepal. The 2017 National IP Policy emphasizes protection of well-known trade marks and passing-off action against the unauthorized use of unregistered marks. In line with the National IP Policy, the Government is currently drafting a new 'Industrial Property Code', which aims to revise the current IP laws. The initial draft of the text has provisions related to well-known trade marks. This article aims to discuss the status of well-known trade marks in Nepal and offers impetus for legislative changes.

Keywords: well known marks, Nepal, trade marks, Paris Convention, registration, unfair competition

Suggested Citation

Upreti, Pratyush Nath, Trumping Local Marks: A Note on Well-Known Trade Marks in Nepal (October 22, 2018). Journal of Intellectual Property Law & Practice (2019) 14(2)144, Available at SSRN: https://ssrn.com/abstract=3270720

Pratyush Nath Upreti (Contact Author)

Queen's University Belfast, School of Law ( email )

25 University Square
Belfast, BT7 1NN
Ireland

University of Helsinki - Faculty of Law ( email )

Porthania 4th Floor
P.O. Box 4
Helsinki, FIN-0001 4
Finland

Institut d'Etudes Politiques de Paris, Sciences Po Law School ( email )

27 rue Saint-Guillaume
Paris, 75337
France

HOME PAGE: http://www.pratyushupreti.com.np/

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