Nepal's Industrial Property Bill 2082 and TRIPS Compliance: A Comparative Analysis of Geographical Indications Provisions

Abstract

Nepal is in the phase of getting its sui generis geographical indications law. The drafting of the Industrial Property Bill, 2082 BS (2025 AD), is evidence of it. The bill was registered in the House of Representatives on 23 February 2082 by the Ministry of Industry, Commerce, and Supplies. Being party to “The Paris Convention for the Protection of Industrial Property, 1883” and to the “Agreement on Trade-Related Aspects of Intellectual Property, 1994,” Nepal has the obligation to make its laws compatible with these international instruments. Furthermore, it is expected to graduate from a developing country by 2026 AD, and it must make its laws compatible with TRIPS by 2034 AD. Presently, there is the Patent, Design and Trademark Act, 2022 BS, which does not incorporate the geographical indications (GI). Also, the Collective Marks Directive 2067 BS exists, but it does not integrate the GI. The law of Nepal is not compatible with the TRIPS Agreement to date; however, upon comparing the bill with the TRIPS provisions, it is found that the provision is not in line with the provisions of Article 22(3) of the TRIPS. The bill addresses the coexistence of GIs and trademarks that were registered before the enactment of this bill. In contrast, TRIPS states that any trademarks that mislead the public about the true origin of the goods shall not receive protection for such goods. Hence, before materializing the bill into an Act, Article 22(3) of the TRIPS should be incorporated into the laws.