IPR types and public private partnership

Intellectual property rights (IPR)

IPR are legal rights given to a person over the creations of his or her mind, such as inventions, writings, designs, names and symbols, so that the creator can control and benefit from their use. The main types are copyright, patent, trademark, industrial design and trade secrets.

Copyright (Copyright Act 2059)

Copyright protects the expression of original literary, artistic, scientific and musical works, including computer software and databases. It arises automatically at creation (registration is optional). The author has economic rights (to copy, publish, translate, sell) and moral rights. The term is generally the author's life plus 50 years. Copying without permission is infringement, punishable by a fine and compensation.

Trademark (Patent, Design and Trademark Act 2022)

A trademark is a name, sign, logo or symbol that identifies the goods or services of an enterprise and distinguishes them from others. It is registered at the Department of Industry, and the owner gets exclusive use. Registration lasts 7 years and is renewable.

Patent (same Act)

A patent protects a new invention (product or process) that is novel, involves an inventive step and has industrial application. The patent holder gets the exclusive right to make, use and sell it for a limited period (7 years, renewable for two further terms of 7 years each as per the Act), in exchange for public disclosure.

Public Private Partnership (PPP)

PPP is a long-term arrangement in which the government (public sector) and a private party jointly develop, finance, build, operate or maintain public infrastructure or a public service, sharing the risks, costs and rewards. In Nepal it is governed by the Public Private Partnership and Investment Act 2075, and the Investment Board Nepal (IBN) is the main body.

Models: BOT (Build-Operate-Transfer), BOOT, BOO, BTO, Design-Build-Finance-Operate, lease and concession, management contract.

Features:

• Private investment and efficiency, along with government support and regulation.
• The contract period is long (often 20 to 30 years); in BOT the asset is transferred to the government at the end.
• Risk is allocated to the party that can best manage it.
• The private party recovers its cost through user fees, tariffs or availability payments.

Applications: hydropower (independent power producers), roads and highways, airports, urban transport, water supply and industrial parks.

Advantages: relieves the government budget, brings technology and skills, and gives faster completion and better service.

Disadvantages: high user charges, complex contracts, risk of disputes, and the need for strong regulation and transparency.

Government ---- agreement ----> Private party
 (land, policy)                 (finance, build)
      \                          /
       \--- public service ----/
              users pay

Role of government in PPP in Nepal

The government identifies projects and provides land, permits, policy stability and sometimes viability gap support. The Investment Board processes large projects (generally those above the threshold set in the Act) through transparent selection, signs the project agreement and monitors it. Projects are selected by competitive bidding or, in exceptional cases, under the rules for unsolicited proposals.