Remedy Against Trademark Infringement in Nepal
9 April 2020
This article explains the remedy available in cases of infringement of trademark in Nepal.
1. Relevant laws:
1.1 There is various law that provides remedy against the trademark infringement in Nepal which are as mentioned below:
2. Governing authority:
Department of Industries (“DOI”) within the Ministry of Industries, Government of Nepal is the main authority which administers trademarks in Nepal.
2.1 The DOI has dual functions both administrative as well as judicial functions with respect to protection of the trademark and enforcement of rights over the trademark in case of infringement as follows:
3. Trademark infringement:
No one has the exclusive right to use trademark without authorization of trademark owner. Section 16 of PDTA has made restriction to copy or use or cause to use, registered trademark without transferring the ownership or licensing from the trademark owner.
4. Remedy applicable under following Act:
Various Acts provide various form of remedy against the infringement of Trademark. It is the option of the party to choose the best remedy depending upon the conditions.
4.1 Remedy under PDTA
Case proceeding of Trademark infringement under PDTA:
4.2 Remedy under other related Acts:
Along with the PDTA there are other related Acts which provide remedy for infringement of Trademark which are explained below:
Imperial Law Associates consist of well experienced IP lawyers in Nepal advising the trademark infringement cases..
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