Enforce Intellectual Property Laws Strictly

Simply speaking, intellectual property is the creations of the mind. It includes literary works, music, inventions and the like. Those who create intellectual property should have rights to it because they have worked hard, devoting their time and money, to create such property. So it is imperative to protect their rights, called intellectual property (IP) rights. Protection of IP rights would enable people to gain recognition for their works and also reap some financial benefit. It helps foster innovation, creativity and technological development. Technological development is of paramount importance in the present-day world. 

Intellectual rights include patents, copyrights, trademarks, industrial designs, trade secrets, geographical indications, etc.  Patents include inventions, principles, formulae and designs. Trademarks are words, signs, pictures or a combination thereof. Trademarks are designed to differentiate one product from the other in the market. Copyrights cover literary or artistic works. Industrial designs are designs for industrial processes. Trade secrets are formulae, practices or processes that are not generally known to others. Through trade secrets, businesses can have an edge over their rivals in the market. Likewise, geographical indications show the geographical origin of products.  

Concept   

The concept of intellectual property emerged in England in the 17th and 18th centuries. Protection of IP rights is covered by the Agreement on Trade-Related Aspects of IP Rights (TRIPS Agreement). The World Intellectual Property Organisation (WIPO) sets IP standards and encourages the exchange of ideas among countries to address IP issues.  Intellectual property differs from physical property. Physical property can be protected in various ways. But being intangible nature, intellectual property cannot be easily protected from being replicated or plagiarised. That is why, a legal mechanism is required to protect intellectual property from unauthorised use.     

Nepal is a member of various intellectual property treaties:  the Paris Convention for the Protection of Industrial Property, 1883, the Berne Convention for the Protection of Literary and Artistic Works, 1886 and the Agreement on Trade-Related Aspects of IP Rights, 1995. The TRIPS Agreement sets minimum international standards for IP. The standards must be adhered to by every member of the World Trade Organisation. 

Nepal has formulated various laws for the protection of intellectual property in line with international norms and standards after realising the importance of IP rights. The Industrial Design Act, the Copyright Act and the Patent, Design and Trademark Act are the main laws that govern IP rights. Patents, trademarks, copyrights, industrial designs, trade secrets, geographical indications and the like are protected under these laws. The Department of Industry under the Ministry of Industry, Commerce and Supplies looks after patent and trademark issues, whereas the Ministry of Culture, Tourism and Civil Aviation looks after copyright issues. The Department of Industry acts as a semi-judiciary entity for the protection of industrial property. It also oversees the settlement of disputes and administrative procedures.  

The provision of IP rights is also enshrined in the Constitution of Nepal. In Part 3, Article 25, intellectual property is mentioned along with other property. As laid down in the article, property means any form of property, including movable and immovable property, and includes intellectual property rights. Despite the existence of a legal framework on IP rights, there are issues relating to protecting and enforcing IP rights in Nepal. This is due to stakeholders’ inadequate knowledge of IP rights, inadequate institutional capacity for protecting IP rights and legal complications. Lack of awareness about IP rights is another bottleneck that has hindered the proper enforcement of the IP laws. Law enforcement officials also lack adequate training on IP rights; they should get proper training.

In the present-day world marked by technological development, the importance of protecting IP rights can hardly be overstated. Intellectual property is the product intangible property of the mind that involves the hard work, time and, more importantly, seminal ideas of people. Intellectual property is the invaluable asset that must be protected. This means IP rights must be prevented from being infringed. Such property can be used by others but they have to take permission from the owners concerned. For this, the laws must be enforced strictly. And those who use the property without the permission or knowledge of the owners should be penalised in accordance with the relevant laws. 

Financial benefit

The owners of intellectual property are contributors to society and economic development. Their contributions must be recognised through some kind of financial benefit in the form of royalties. This is possible only when the laws are enforced in earnest and those who want to use such property act honestly. For example, public performances of music are not allowed at programmes, ceremonies or on public transport without permission. A certain royalty has to be paid for permission to play music in public. It would be relevant to mention that the Music Royalty Collection Society Nepal (MRCSN), which was established in 2007 under the Copyright Act that protects the rights of authors and composers, has created a mechanism for royalty collection and distribution. The MRCSN is a provisional member of the International Confederation of Societies of Authors and Composers (CISAC). 

Slack implementation is a festering problem in Nepal. Laws or rules are made but the authorities concerned hardly pay attention to the implementation aspect. This is what is happening in the IP rights laws. The IP sector needs to be taken seriously. The IP sector represents the intelligentsia. The intelligentsia is the valuable asset of any country. The IP sector has potential for bringing about technological and economic development. In the context where both legislators and the judiciary prioritise the protection of IP rights, Nepal should also offer protection to IP rights. Therefore, it is high time the government took concrete measures to protect IP rights through the enforcement of the IP laws.

(Maharjan has been regularly writing on contemporary issues for this daily since 2000.)