Intellectual Property Investigation

Intellectual Property investigation is a legal process through which information and evidence are gathered on the violation and/or upholding of Intellectual Property Rights such as Patents, Trademarks, and Copyrights.

IP-Related Laws in Nepal

IP Investigation and the consequences of Infringement are governed by the Patent, Design, and Trademark Act 2022 and Copyright Act 2059. It has provided that after making a complaint, the police must investigate the offense and make arrangements to prevent such violations. However, Companies and Organizations require IP Lawyers to consistently protect their IP and ensure its safety and protection.

Process of Intellectual Property Investigation

Several Methodologies can be employed for Investigating Intellectual Property in Nepal. Some of the most prominent investigations can be conducted through the processes listed below:

Anti-Counterfeiting Investigation

Counterfeiting copyrighted goods and services such as Books, Clothes, Shoes, and other utilities are common in Nepal. To mitigate such issues, Imperial Law Associates conducts thorough Market Research and identifies counterfeits in Nepal. We also identify unauthorized sellers and protect our client’s IP Rights.

If a serious violation of the Copyright Trademark has occurred, we take appropriate legal action with leading IP Lawyers of Nepal including drafting and preparing legal documents, filing cases, and enforcing legal decisions.

Copyright Infringement

Copyright Act 2059 has exclusively prohibited Copyright infringement in Nepal. Our Law Firm specializes in the investigation of Digital Copyright Infringement and unauthorized distribution of copyrighted content. We also draft and send cease and desist notices to the infringers of Copyright. To successfully protect our client’s Intellectual Property, we pursue Copyright Registration in Nepal.

Patent Infringement

Similarly, Patent Infringement of products, processes, and useful instruments also requires in-depth Investigation. Imperial Law Associates offers experienced Representation in Court Cases and Settlement Negotiation.

We also draft licensing agreements and other forms of agreements for Patents along with seeking rightful damages and compensation.

Unauthorized Use of Trademarks

Trademarks play an instrumental role in constructing Brand Identity and maintaining authorized use of such trademarks. Along with the Filing, Registration, and Opposition of Trademarks, Imperial Law Associates also provides services related to the unauthorized use of trademarks. We conduct trademark searches, oppose similar trademarks through IP Bulletin, and take strict legal actions.

Product Copying and Brand Imitation

To detect and prevent brand imitation and copying of Products in Nepal, Imperial Law Associates, a leading IP Firm in Nepal conducts detailed market research, initiates potential legal action against infringers, and actively represents its clients guaranteeing remedies for damages caused by Imitation and Copying.

Parallel Trade Investigation

Parallel Trade Investigation is centered around the monitoring and assessment of the import and export of branded goods without the consent of the Intellectual Property Rights Holder.

To prevent such malpractices, we coordinate with the Customs Authorities of Nepal, register intellectual property in the appropriate jurisdiction, and take firm legal action against such Entities involved in Parallel Trade.

Remedies for Breaches

The Potential Remedies for a Breach of Intellectual Property in Nepal include:

  • Claiming the Amount of Compensation
  • Prevention of Breach
  • Hand over of Benefits and Financial Renumerations from Counterfeited Goods
  • Imprisonment of Violators
  • Better Legal Advice for the Protection of Intellectual Property.

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