Imperial Law Associates | Corporate Law Firm in Nepal https://www.lawimperial.com Corporate Law Firm in Nepal, Lawyers, Attorneys Mon, 10 Apr 2023 10:36:38 +0000 en-US hourly 1 https://www.lawimperial.com/wp-content/uploads/2019/01/cropped-logo-final-1-32x32.png Imperial Law Associates | Corporate Law Firm in Nepal https://www.lawimperial.com 32 32 Law Firms in China: A Comprehensive Guide to Their Services https://www.lawimperial.com/law-firms-in-china-a-comprehensive-guide-to-their-services/ https://www.lawimperial.com/law-firms-in-china-a-comprehensive-guide-to-their-services/#respond Mon, 10 Apr 2023 09:43:58 +0000 https://www.lawimperial.com/?p=3384 When it comes to legal matters in China, law firms are an essential resource for businesses and individuals alike. With the country’s complex and rapidly-evolving legal system, having the assistance of experienced lawyers is crucial. In this article, we’ll take a closer look at the services provided by law firms in China and why they […]

The post Law Firms in China: A Comprehensive Guide to Their Services first appeared on Imperial Law Associates | Corporate Law Firm in Nepal.]]> When it comes to legal matters in China, law firms are an essential resource for businesses and individuals alike. With the country’s complex and rapidly-evolving legal system, having the assistance of experienced lawyers is crucial. In this article, we’ll take a closer look at the services provided by law firms in China and why they are so important.

  • Corporate Law
  • Intellectual Property Law
  • Litigation and Dispute Resolution
  • Employment Law
  • Real Estate Law
  • Banking and Finance Law
  • Foreign Investment Law

Corporate Law

One of the primary services provided by law firms in China is corporate law. Companies doing business in China need to comply with various laws and regulations, and corporate lawyers help ensure that they do so while also protecting their interests. This includes helping companies to incorporate, advising on corporate governance and compliance, and handling mergers and acquisitions. With the assistance of experienced corporate lawyers, companies can navigate the complex legal landscape in China and achieve their business objectives.

Intellectual Property Law

Protecting intellectual property (IP) is essential for businesses operating in China. Law firms in China offer a range of IP services, including registering patents and trademarks, handling copyright issues, and protecting trade secrets. With the rise of technology and innovation in China, IP law has become increasingly important for companies to stay competitive. Experienced IP lawyers can help companies protect their valuable IP assets and defend against infringement.

Litigation and Dispute Resolution

When disputes arise, law firms in China provide legal representation to clients in arbitration, mediation, and litigation. This includes helping clients to navigate China’s legal system and resolving disputes in a timely and cost-effective manner. With the assistance of experienced litigators, clients can protect their interests and achieve a favorable outcome in disputes.

Employment Law

Employment law is another critical area of expertise for law firms in China. With a large labor force and complex labor regulations, companies doing business in China need expert legal advice to navigate these challenges. This includes drafting employment contracts, advising on labor laws, and representing clients in employment disputes. With the assistance of experienced employment lawyers, companies can navigate the complexities of China’s labor laws and maintain a positive and productive workplace.

Real Estate Law

China’s real estate market is constantly evolving, making it essential for businesses to have legal guidance when dealing with property matters. Law firms in China offer services related to property acquisition, development, leasing, and construction. They also assist clients in navigating China’s real estate laws and regulations. With the assistance of experienced real estate lawyers, clients can make informed decisions about their real estate investments and avoid costly mistakes.

Banking and Finance Law

Banking and finance laws in China are complex and ever-changing. Law firms in China provide legal advice to clients on loans, securities, and financial regulations. They also help clients navigate regulatory compliance requirements to ensure they stay in compliance with China’s financial laws. With the assistance of experienced banking and finance lawyers, clients can navigate the complexities of China’s financial laws and achieve their financial objectives.

Foreign Investment Law

Foreign companies looking to invest in China need to navigate complex legal and regulatory requirements. Law firms in China provide assistance with regulatory compliance, joint ventures, and mergers and acquisitions. They help foreign investors navigate China’s legal system and mitigate potential risks associated with foreign investment law. With the assistance of experienced foreign investment lawyers, foreign investors can make informed decisions about investing in China and achieve their business objectives.

Conclusion

In summary, law firms in China provide a range of legal services to businesses and individuals. From corporate law to real estate law, employment law to banking and finance law, law firms in China are essential partners for anyone doing business in China. With the assistance of experienced lawyers, clients can navigate the complexities of China’s legal system and achieve their business objectives.

The post Law Firms in China: A Comprehensive Guide to Their Services first appeared on Imperial Law Associates | Corporate Law Firm in Nepal.]]> https://www.lawimperial.com/law-firms-in-china-a-comprehensive-guide-to-their-services/feed/ 0 Registration of Foreign Trademark in Nepal https://www.lawimperial.com/registration-of-foreign-trademark-in-nepal/ Sun, 10 Mar 2019 07:29:04 +0000 https://www.lawimperial.com/?p=1171 Registration of Foreign Trademark in Nepal 1. Governing Laws: The registration and protection of trademark in Nepal is governed by Patent, Design and Trademark Act, 1965 (2022) (“PDTA”).   2. Governing Authority: Department of Industry (“DOI”) under the Ministry of Industry, Commerce and Supplies of Government of Nepal (web-link: http://www.doind.gov.np/) registers and administers trademarks in Nepal. 3. Trademark […]

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Registration of Foreign Trademark in Nepal

1. Governing Laws:

The registration and protection of trademark in Nepal is governed by Patent, Design and Trademark Act, 1965 (2022) (“PDTA”).  

2. Governing Authority:

Department of Industry (“DOI”) under the Ministry of Industry, Commerce and Supplies of Government of Nepal (web-link: http://www.doind.gov.np/) registers and administers trademarks in Nepal.

3. Trademark Protection Based on Registration:

A foreign trademark to get protection must be compulsorily registered in Nepal. Section 21A of the PDTA provides that unless a foreign trademark is registered in Nepal, such trademark cannot receive protection in Nepal. 

Despite Nepal being the member state of the Paris Convention for the Protection of the Industrial Properties 1886 (the “Paris Convention”), the PDTA has not specifically provided for the protection of “well-known trademarks”. In view of this, registration with the DOI is necessary for the protection of foreign trademarks including foreign well-known trademarks.

4. Home/Foreign Registration Certificate as the main document for registration 

Foreign trademarks cannot be independently registered. Home/Foreign registration certificate must be submitted to DOI for registration.

If a trademark has been applied for registration in any foreign country, then based on such application, trademark registration application can be submitted to DOI. Such application can make priority claim up to 6 months as facility assured by the Paris Convention. 

5. Procedure of Registration of Trademark 

Steps           Process Remarks
Step 1    Submission of Application for Registration before DOI   
Step 2    Preliminary Examination by DOI DOI will check whether the proposed trademark is (a) similar to already registered trademark or (b) contradicts with the prevailing law.
Step 3    Publication of Trademark in Industrial Property Bulletin (“IP Bulletin”). Generally, IP Bulletin is published by DOI in every 3 months.
Step 4    Registration of trademark if opposition is not received by any third party.  Petition for opposition against applied trademark can be filed within 90 days of publication in the IP Bulletin. 

6. Documents Required

Following documents need to be submitted before DOI for registration:

   S.N.       Documents No. of Copies  Notary Requirement
   1 Application of Registration of Foreign Trademark  1 set original  No
   2 Home/ Foreign Registration Certificate (HRC) 1 copy  Yes 
   3 Label of Trademark 4 copies (With color prints) No
   4 Power of Attorney  1 original No

7. Grounds for Refusal of Trademark Registration

Under section 18(1) of PDTA, DOI can reject the trademark registration application on following grounds:

  1. In case such trade-mark is found to have already been registered in the name of another person; 
  2. In case such trademark damages goodwill of trademark of any person; 
  3. If such trademark damages the reputation of any person or institution; or
  4. If such trademark adversely affects public conduct or morality or undermines national interest. 

8. Time required for registration

Generally, it takes about 6 to 9 months to complete the process of trademark registration where no petition for opposition is filed.

If opposition is filed against the application, then it may take about 2 to 4 years to have a final verdict from the higher courts (High Court/ Supreme Court).

9. Validity of Trademark

A registered trademark remains valid for 7 years from the date of registration. However, trademark can be renewed for any number of times for a period of 7 years at a time. 

10. Basis of Trademark Classification

Registration of Trademark is submitted on the basis of classification made by Nice Agreement 1957 which has categorized 35 classes of goods and 11 classes of services.

As a matter of practice, the applicant has to prepare a separate application and pay separate government fees for registration of trademark in different class.

11. Government fees for trademark registration: 

   S.N. Particulars  Fees (in Nepalese Rupees)
   1 Application Fee NPR 1,000 (Approx.  USD 10)
   2 Registration Fee  NPR 5,000 (Approx. USD 50)

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