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
Date Written: October 22, 2018
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
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