Intellectual Property (IP) Investigation Service
Intellectual property investigation is still a relatively new practice area in Nepal, but it is becoming essential as more brands enter the market and counterfeiting keeps pace with them. Our trained lawyers combine legal knowledge with the investigative fieldwork this work requires: market surveys, identifying counterfeit goods in circulation and building the evidence that makes an enforcement action hold up. We represent brand owners against counterfeiting, piracy and infringement, and help them protect their rights before problems escalate.
The Legal Landscape
IP in Nepal rests mainly on two statutes: the Patent, Design and Trademark Act, 2022 (1965), covering patents, industrial designs and trademarks under the Department of Industry, and the Copyright Act, 2059 (2002), covering literary, artistic and related works through the Copyright Registrar’s Office. Nepal is a member of the Paris and Berne Conventions and applies TRIPS obligations under its WTO commitments, with certain flexibilities as a least-developed country.
It is worth being candid: the core IP statute dates from 1965 and has not kept full pace with how infringement happens today, including cross-border grey markets, e-commerce and digital piracy. That gap is precisely why investigation matters so much here. A registered right only protects a brand if someone is watching the market and building a case when the right is violated.
What We Do
- Patent, design and trademark infringement investigation: gathering the evidence needed to support an enforcement claim.
- Copyright violation issues: investigating unauthorised use of protected material and advising on the response.
- Product copying and brand imitation: cases where a competitor’s product or packaging is designed to confuse consumers.
- Parallel trade and grey market investigation: tracing how genuine goods enter the market outside authorised channels and what can be done.
- IP due diligence: reviewing a portfolio before a transaction, licensing deal or market entry to confirm what is protected and where the gaps are.
- IPR enforcement actions: regulatory, administrative or court action once infringement is confirmed.
- Market intelligence reports: clear, actionable findings for internal decisions or as the basis of a legal claim.
- Cross-border cease and desist notices: notices to infringers located in India, where a large share of counterfeit goods affecting Nepal originates.
- IPR litigation support: representation when a matter proceeds to court.
- Data breaches and IP leaks: advice and internal investigation when confidential information or protected IP has been improperly accessed.
