Kathmandu, Feb. 28:
The government has
proposed formulating at least 12 policies in an effort to protect and promote
intellectual property rights (IPR).
In the draft of the
National Intellectual Property Policy, 2017, which the Cabinet meeting on
Tuesday approved and decided to send to the Cabinet's Bill Committee, it has
proposed formulating policies on copyright, patent, industrial design,
trademark, geographical indication, trade secrets and integrated circuit layout
design.
Likewise, policies on
vegetation preservation, traditional knowledge, abstract cultural heritage and
other pertinent sectors will be formulated.
The policy was
submitted to the Cabinet by the Ministry of Industry.
According to the
policy, there will be automatic protection of any creation, and a new system
will be developed whereby the creator, presenter, producer and other concerned
parties of a creation will benefit through its commercial presentation, public
use and broadcast.
It has aimed at
motivating scientists and innovators, industrial institutions, research
institutions, universities and private research companies to register the
patent of their discoveries and creations.
Similarly, the existing
laws and policies will be amended to protect trademarks, service marks,
collective marks, wound marks, colour marks, trade dress, certification marks
and well-known marks.
"Natural and
man-made goods that are produced in certain geographical areas will be labelled
with a unique name or sign in order to make it different from other products of
the same category. A separate law on geographical indication will be formulated
to protect such products. Such intellectual property rights will be
non-transferrable," reads the policy.
The
policy pledges to develop an inventory and Traditional Knowledge Digital
Library to identify, protect, develop and use traditional and indigenous
knowledge that has proven useful for the people.
Likewise,
it has said that the traditional cultural expressions and folklore would be
protected as intellectual properties.
Article
25 of the Constitution has mentioned intellectual property as a fundamental
right.
Currently,
Patent, Design and Trademark Act, 1965, Copyright Act, 2002, and Copyright
Rules, 2004, prevail in the country.
For
economic and social transformation through business-friendly environment,
foreign investment and employment opportunities, it has become necessary to
create an effective policy, legal, institutional mechanism and process for the
development, protection and implementation of intellectual property.
According
to the proposed policy, a National Intellectual Property Council is to be
established under the chairmanship of the Industry minister for intellectual
policy reform and institutional coordination.
The
council will include experts and representatives from more than two dozen
government agencies, academies, business associations and other stakeholders,
such as the National Planning Commission, National Academy of Science and
Technology, Nepal Academy, Ministry of Industry, Ministry of Finance, Ministry
of Agricultural Ministry, Ministry of Commerce, Ministry of Science and
Technology, Ministry of Health, and Intellectual Property Registrar's Office.
Similarly,
there will an Intellectual Property Office and Intellectual Property Tribunal
under the MoI.
The
policy has also covered areas of infrastructure development for intellectual
property creation and promotion, enhancing access to resources for research and
development, modernising the documentation and management, remuneration and
evaluation.
The Cabinet has also sent the draft on Mineral
Policy, 2017, to the Bill Committee.
This
is the first ever policy created with the aim of conserving the natural
resources and mineral deposits and exploiting them in a sustainable way.
It
envisions creating a legal, institutional arrangement and developing a process
to develop the mines and mineral sector in a sustainable way so that it can
contribute to the economic progress of the country.
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