Intellectual Property (IP) Investigation Service

Bhandari Law was among the top law firms in Nepal to build out a dedicated intellectual property investigation practice — a service area that's still fairly new here, but increasingly necessary as more brands operate in the Nepali market and counterfeiting keeps pace with them. The work is handled by trained lawyers in Nepal who combine legal knowledge with the kind of investigative fieldwork this practice actually requires — market surveys, identifying counterfeit goods in circulation, and building the evidence that makes an enforcement action actually stick. We represent brand owners against counterfeiting, piracy, and infringement, and help them protect their IP rights before problems escalate.

The Legal Landscape

Intellectual property in Nepal sits mainly across two statutes: the Patent, Design and Trademark Act, 2022 (1965), which covers patents, industrial designs, and trademarks and is administered by the Department of Industry, and the Copyright Act, 2059 (2002), which covers literary, artistic, and related works through the Copyright Registrar's Office. Nepal is also a member of the Paris Convention and the Berne Convention, and applies TRIPS obligations under its WTO commitments, with certain flexibilities extended to it as a least-developed country.

It's worth being upfront about something here: Nepal's core IP statute dates back to 1965, and hasn't kept fully pace with how counterfeiting and infringement actually happen today — cross-border grey markets (particularly given Nepal's open border with India), e-commerce, digital piracy. That gap is exactly why investigation work matters so much in this jurisdiction. Registering a right on paper only protects it if someone is actually watching the market and building a case when that right gets violated.

What We Do

Patent, Design, and Trademark Infringement Investigation

We investigate suspected infringement of registered patents, designs, and trademarks, gathering the evidence needed to support an enforcement claim.

Copyright Violation Issues

We look into unauthorized use of copyrighted material and advise clients on how to respond.

Product Copying and Brand Imitation

We investigate cases where a competitor's product or packaging has been designed to imitate a client's brand closely enough to confuse consumers.

Parallel Trade Investigation

We look into unauthorized parallel imports — genuine goods moving into the Nepali market outside a brand owner's authorized distribution channels.

Grey Market Investigation

We investigate grey market activity affecting a client's products, helping brand owners understand how goods are entering the market and what can be done about it.

IP Due Diligence

Before a transaction, licensing deal, or market entry, we review a client's or target company's IP portfolio to confirm what's actually protected and where the gaps are.

IPR Enforcement Actions

Once infringement is confirmed, we take the enforcement steps needed to stop it — through regulatory channels, administrative action, or litigation.

Market Intelligence Report

We compile findings from our investigations into a clear report clients can act on, whether that's for internal decision-making or as the basis for a legal claim.

Cease and Desist Notices in India

Since a significant share of counterfeit and grey-market goods affecting our clients in Nepal originates across the border, we also issue cease and desist notices to infringers located in India — a step that often resolves the issue faster than pursuing enforcement through Nepal's courts alone, given how directly the two markets feed into each other.

IPR Litigation Support

Where a matter proceeds to court, we support and represent clients through the litigation process.

Data Breaches and IP Leaks

We advise clients on the legal response when confidential information or protected IP has been leaked or improperly accessed, including internal investigation and next steps.

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