---
title: "IPR types and public private partnership"
subject: "Engineering Professional Practice"
chapter: 5
key: "semester_8/engineering_professional_practice:ipr-copyright-trademark-patent-ppp"
source: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/ipr-copyright-trademark-patent-ppp
site: BCT Engineering
---

# IPR types and public private partnership

Engineering Professional Practice · Chapter 5: Regulatory Environment

- Asked in: 2072 Magh, 10 marks
- Video: [Intellectual Property Rights (IPR), Meaning, Definition, Examples, Benefits of IPR, UPSC, NCERT, Bba](https://www.youtube.com/watch?v=zkWJAvg6_ME) — DWIVEDI GUIDANCE
- Answer checked by Claude Opus 5.5 (high effort) on 2026-10-14
- Page: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/ipr-copyright-trademark-patent-ppp
- Whole chapter: https://www.bctengineer.com/md/semester_8/engineering_professional_practice/chapter-5

## Question

Describe intellectual property rights, copy rights, trademark and patent rights. Explain in detail the "public private partnership".

## Short answer

IPR includes copyright for original works, patent for new inventions, and trademark for distinctive marks. Public-private partnership (PPP) is a long-term arrangement where government and private entity share risks to develop public infrastructure, often under BOT models, regulated by the PPP and Investment Act 2075.

## Answer

#### 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.

```text
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.

## Check yourself

The answer's key points as multiple-choice questions, with the correct option and why.

1. Intellectual property rights are
   A. rights over land
   B. legal rights over creations of the mind so the creator can control and benefit from use
   C. rights of workers to unionise
   D. rights to import goods
   Answer: B. IPR give creators control and benefit over inventions, writings, designs, names and symbols. (Key point: IPR meaning)

2. A Public Private Partnership is
   A. a government-only project
   B. a long-term arrangement where public and private parties jointly develop, finance, build or operate infrastructure, sharing risks and rewards
   C. a short-term supply contract
   D. a private sale of shares
   Answer: B. PPP is a long-term shared arrangement with risks, costs and rewards shared. (Key point: PPP definition)

3. In a PPP, how is risk allocated and how does the private party recover cost?
   A. All risk to government; recovery from donations
   B. Risk to the party best able to manage it; recovery through user fees, tariffs or availability payments
   C. All risk to the private party; recovery from taxes only
   D. Risk is ignored; recovery after 1 year
   Answer: B. Risk goes to the party that can best manage it, and the private party recovers cost through tariffs, fees or availability payments. (Key point: Risk allocation and recovery)

4. Which body is the main one for PPP in Nepal?
   A. Investment Board Nepal under the PPP and Investment Act 2075
   B. Department of Industry under the Copyright Act
   C. Nepal Engineering Council
   D. Labour Court
   Answer: A. The PPP and Investment Act 2075 governs PPP and Investment Board Nepal is the main body. (Key point: Nepal PPP body)

## Related in Engineering Professional Practice

- [IPR, working hours, public vs private company](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Aipr-labour-working-hours-companies) — Engineering Professional Practice, chapter 5
- [Copyright, patent right and trademark](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Acopyright-patent-trademark) — Engineering Professional Practice, chapter 5, asked 2×
- [Patent vs trademark; business organization](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Apatent-trademark-business-law) — Engineering Professional Practice, chapter 5
- [Society elements, man-society relation, public vs private](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Asociety-elements-man-relation) — Engineering Professional Practice, chapter 1
- [Public vs private limited company](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Apublic-vs-private-limited-company) — Engineering Professional Practice, chapter 5
- [IPR and company registration in Nepal](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Aipr-company-registration-nepal) — Engineering Professional Practice, chapter 5

## Related in other subjects

- [Public versus private transportation](https://www.bctengineer.com/question.md?key=semester_6%2Ftransportation_engineering_i%3Apublic-private) — Transportation Engineering I, chapter 1, asked 3×
