Copyrights and Related Rights in Nepal
Government Authority for Copyright protection in Nepal:
Nepal Copyright Registrar’s Office, Kalikasthan, Kathmandu.
Applicable laws for the protection of Copyrights in Nepal:
- The Copyright Act 2059 (2002 AD).
- The Copyright Regulation 2061 (2004 AD).
- Procedure of Nepal Copyright Registrar’s Office 2061 (2004 AD).
International Conventions, agreement and agencies:
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- World Intellectual Property Organization(WIPO)
- World Trade Organization(WTO)
- Berne Convention for the Protection of Literary and Artistic Works 1886
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organization 1961
- Universal Copyright Convention 1952
What is Copy Right? Which government authority looks after copyrights in Nepal?
Copyright is intellectual property. Copyright protects creative works of mankind as well as related rights of performances, phonogram productions and broadcastings. In Nepal, Nepal Copyright Registrar’s Office (NCRO) looks after copyrights of creative of works of literature, art, science and in any other fields as well as related rights of performances, phonogram productions and broadcastings.
What are the benefits of Copyright Registration?
Registration is not compulsory to enjoy legal protection. However, there are some significant benefits of registration of Copy rights. They are:
- Copyright registration will provide proof of ownership.
- Nepal Copyright registrar office will publish the work and name of owner. Public can search the owner of work.
- Registered owner can bring a lawsuit for copyright infringement with no doubt on ownership.
- To enter into agreements, transfer ownership and to receive royalties.
What are the subject matters protected under Copyrights in Nepal?
Subject matter to be protected are:-
- Literary:- Book, pamphlet, article, thesis, lectures, etc.
- Artistic:- Architectural design, photographic, fine arts, painting, sculpture, woodcarving, lithography, work of applied art, illustration, map, plan etc.
- Musical:- Musical notation with or without words, sound recording etc.
- Dramatic:- Drama, dramatic music, dumb show and work prepared to perform or performance etc.
- Others:- Audio visual work, computer program etc.
What is the process for registration of Copyright in Nepal?
Following documents needs to be submitted to Nepal Copyright Registrar Office (NCRO).
|2.||Minute (if Company)||1|
|3.||Power of Attorney||1|
|4.||Incorporation Documents (If Company)||1|
|5.||Detail description of the creation||1|
|6.||IP Agreement with the owner (if assigned to owner)||1|
|8.||Other related documents (if any)|
Upon receipt of application, Registrar shall examine it and shall order the applicant, if required, to submit additional documents. The Registrar shall thoroughly examine whether
- The fixation of material/permanent form of work or not.
- The work is original or not.
If the Registrar is satisfied on those grounds, he/she shall register such a work, sound recording, performance or broadcasting in the applicant’s name on the basis of submitted documents.
Is there any remedy if the register refused to register Copyright in Nepal?
An party who is not satisfied with any order or decision made by the Registrar may make an appeal in the High Court in the area where the Office of the Registrar is situated, within (35) thirty-five days.
What are the remedial measures against infringement of Copyright in Nepal?
As per the Copyright laws of Nepal, Infringement of Copyright shall be state case. Any person or entity can file an application to police station for the claim and remedy against infringement of Copyright. Infringement of protected right and importation of unauthorized copy is liable to fine or imprisonment or both.
Disclaimer: This writing is prepared to share general information only and for legal purpose advice of legal professions is must.
FOR DETAIL INFORMATION:
Worldwide Legal Service