An Analysis of the Need for the Geographical Indications Law in Nepal

Abstract

Geographical Indications are a type of intellectual property that indicate the source of a product and that the product has a special character because it is made/ produced in a specific area/ region. This research article presents seven reasons for the need for GI laws in Nepal. The reasons are: Nepal has an abundance of GI-capable goods and has recognised the term GIs in its national laws and policies. Some cases involving GI issues reached the courts. Further, the National Agriculture Research Centre (NARC) has filed a case for the shared GIs in the European Union. International law requires that, before applying for product registration in the global market, the product must be protected under the GIs law of the respective country. Nepal is a party to international laws and has committed to drafting statutes on GIs. Furthermore, it is graduating from "the least-developed country (LDC) category to the developing country category." Also, the "Ministry of Industry, Commerce and Supplies" and the "National Gene Bank" are undertaking the necessary documentation to assign geographical indication tags to certain goods, and it has no good position on the Global Innovation Index, which is 109th position, which implies that Nepal needs to have all IP laws, including GIs.