Protect Intellectual Property For Development

Today, global society is under the influence of industrialisation and globalisation. Looking at the global history of intellectual property, the concept is considered centuries old. The earliest patent law was implemented in Venice in 1474. However, the foundation for recognising modern IP governance was further strengthened with the establishment of the World Intellectual Property Organisation (WIPO) in 1967. While physical property can be protected in various ways, intellectual property, being intangible in nature, cannot be easily safeguarded against duplication or theft. In Nepal, the Patent, Design and Trademark Act was introduced in 1993 for IP protection, and a new law is currently in place. As per the WIPO Global Innovation Index, 2025 Nepal ranks 107th among 139 economies in with a score of 20.87.

According to the World Intellectual Property Organisation, intellectual property refers to creations of the mind, such as inventions, literary and artistic works, and designs, which are used for commercial purposes. IPR is significant to intellectual property because it serves to protect the rights of the creator or owner of the property. It encompasses several branches of law that regulate copyright, related rights, as well as patents, designs, trademarks, geographical indications, the protection of integrated circuit topographies, and plant varieties.

Progress

Nepal has made crucial progress in establishing a comprehensive legal framework for the protection of intellectual property where IPR system is governed by several key laws and policies. The Constitution of Nepal 2015 recognises intellectual property (IP) as a fundamental right under Article 25 provision “Right relating to property.” It guarantees every citizen the right to acquire, own, sell, and derive benefits from their intellectual property. The Patent, Design and Trademark Act 1965 aims to safeguard the interests of creators by providing legal protection for industrial property, including patents, designs, and trademarks. It grants inventors exclusive rights over their creations for a specified period, thereby ensuring that their innovations are protected from unauthorized use.

The National Intellectual Property Policy 2017 provides a comprehensive framework for intellectual property rights (IPR) protection in Nepal. It focuses on establishing effective mechanisms for the protection of traditional knowledge and promoting innovation across various sectors. The Copyright Act 2002 of Nepal protects the rights of creators of literary, artistic, and scientific works. It is designed to incentivise creative output and cultural development by granting authors exclusive rights over their works for a specified period.

The Consumer Protection Act 1998 Nepal aims to prevent the imitation of consumer goods and to protect consumers from being misled by counterfeit products. Intellectual property is an important foundation for a nation’s economic development. The world is advancing toward prosperity by leveraging technology. One of the significant challenge in IP law today is protecting digital content in an era of widespread online piracy and unauthorized sharing. Digital advancements have made it easy to copy, share, and distribute content globally, often without the IP holder's permission.

Second main challenges of intellectual property enforcement in the digital age is the issue of piracy. Piracy refers to the unauthorised use, reproduction, or distribution of copyrighted works. The ease with which digital content can be copied and shared has led to widespread piracy, particularly in the music, film, and software industries. Another challenge is the impact of open-source software on intellectual property. Open-source software is software that is made available to the public with its source code, allowing users to modify and distribute it freely. This can make it difficult for companies to protect their intellectual property, as their code can be freely copied and distributed.

In some cases, creators themselves are unaware of legal provisions, which further exacerbates the problem. When addressing issues regarding intellectual property, it is imperative that we also address the technological advancements that are enhancing the way we distribute and obtain information. These advancements have made it harder for the owners and creators of IP to monitor and control the way their works are used, and have made it easier for others to get the information. The infrastructure to support IPR-related matters is insufficient in Nepal. The country's intellectual property office is under-resourced and its officials lack adequate training to handle complex IPR issues. This lack of capacity makes it difficult to process IPR applications efficiently and enforce existing laws effectively.

Infringing on intellectual property rights can lead to severe legal consequences, including fines and imprisonment, making it crucial for businesses to ensure their products and ideas are original or appropriately licensed. Awareness of intellectual property protection has not yet reached the general public and relevant communities. The government needs to take steps at every local level to promote IP-related laws and protection mechanisms. If this is achieved, ordinary citizens will be less vulnerable to IP violations.

IP protection provides incentives for individuals and businesses to invest time, effort, and resources in creating new and innovative products, designs, and works of art. Knowing that their creations will be legally protected encourages them to take risks and push the boundaries of their creativity. IP protection fosters healthy competition by encouraging businesses to differentiate their products and services through innovation. It prevents unfair competition based on the unauthorised use of others’ IP, creating a level playing field for all market participants.

Legal obligations 

On the one hand, in the advanced and developed countries, the legal obligations related to intellectual property rights are performed for the betterment of the society because when these rules and regulations protect the unique business ideas, they lead the organizations to the way of innovation in business performance and development of the products and services.

In conclusion, creators of intellectual property contribute significantly to society and economic development of the nation. It enhances a nation’s competitiveness in the global market. By protecting domestic innovations, a country can gain competitive advantages in industries. To effectively prevent infringement and protect the sanctity of these rights, strong enforcement measures and international collaboration are required.

(Ghale is pursuing BALLB at National Law College, Kathmandu.)