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Infringement & Anti-Counterfeiting
Investigation, strategic enforcement and litigation to protect intellectual property and market position.

Apex Law Chamber advises and represents brand owners, intellectual property rights holders and businesses in protecting their brands, products and creative assets against infringement, counterfeiting and unauthorised commercial exploitation.
Our approach combines investigation, strategic enforcement and litigation. We help clients identify infringement at an early stage, assess its commercial impact, preserve relevant evidence and take proportionate action to protect their intellectual property and market position.
Investigation & Enforcement
Effective enforcement begins with reliable intelligence. We undertake both market investigations and desktop/digital investigations to identify suspected infringement, counterfeit activity and unauthorised use of intellectual property.
Market investigations may involve identifying counterfeit or infringing products in physical markets, retail outlets and distribution channels; tracing manufacturers, suppliers, importers, distributors and retailers; assessing the scale and distribution of suspected counterfeit goods; and documenting relevant evidence of unauthorised use.
Desktop and digital investigations focus on publicly available information and online activity, including websites, e-commerce platforms, social media, digital marketplaces, online advertisements and other internet-based channels where infringing products or unauthorised use of intellectual property may be identified. We assist clients in documenting online infringement and developing an evidence-based enforcement strategy.
Depending on the circumstances, our investigation work may include:
- Market surveillance and physical market investigations
- Identification and tracing of counterfeit and infringing goods
- Investigation of manufacturers, suppliers, importers, distributors and retailers
- Desktop research and open-source intelligence gathering
- Digital and online infringement investigations
- Monitoring websites, e-commerce platforms and digital marketplaces
- Monitoring social media and online advertising
- Identification of unauthorised use of trademarks, designs, copyright and other IP assets
- Collection, documentation and preservation of relevant evidence
- Assessment of the scope, scale and commercial impact of infringement
- Development of enforcement and litigation strategies based on investigation findings
Legal Enforcement
Following investigation, we advise clients on the most effective course of action, which may include cease-and-desist notices, negotiations, administrative action, court proceedings and other available enforcement measures.
We handle matters involving trademark infringement, copyright infringement, design infringement, passing off, counterfeit goods, imitation and look-alike products, unauthorised brand use and other forms of intellectual property infringement.
Where appropriate, we coordinate enforcement across multiple actors in the supply and distribution chain and assist clients in pursuing action against manufacturers, importers, distributors, retailers and other parties responsible for infringing activity.
Anti-Counterfeiting Strategy
Counterfeiting can cause losses extending well beyond individual sales. It can dilute brand value, undermine consumer confidence, disrupt legitimate distribution networks and create significant reputational risks.
Apex Law Chamber develops enforcement strategies tailored to the nature and scale of the threat. Our objective is not merely to respond to individual infringements, but to identify the source and distribution of counterfeit activity, disrupt its continuation and strengthen the client's long-term position against repeat infringement.
Our services include:
- Anti-counterfeiting strategy and enforcement
- Trademark, copyright and design infringement actions
- Passing off and unfair competition claims
- Cease-and-desist and legal demand notices
- Administrative enforcement proceedings
- Civil litigation and court representation
- Urgent and interim protective measures
- Evidence collection and preservation
- Settlement negotiations and dispute resolution
- Strategic advice on preventing repeat infringement
With longstanding experience in intellectual property disputes, Apex Law Chamber combines investigative capability, legal strategy and litigation experience to help clients protect the integrity and commercial value of their intellectual property.
Frequently asked questions
Does Nepal have a customs recordal system?
Not a formal one. There is no dedicated register, but the Customs Act 2007 lets officers act against goods suspected of infringing intellectual property, and rights holders can notify Customs and the Department of Industry directly with certificates, specifications and images of genuine goods.
What is the penalty for trademark infringement?
Section 19 provides a fine not exceeding one hundred thousand rupees, together with confiscation of the goods connected with the offence according to its gravity.
What remedies are available against counterfeiters?
Administrative complaint to the Department of Industry, civil action for injunction, compensation and seizure, criminal prosecution where the offence is made out, and monetary penalties under the Consumer Protection Act 2018.
Which sectors are most affected?
Cosmetics, electronics and readymade garments see the most counterfeiting, with cosmetics and electronics carrying genuine safety risk alongside the commercial harm.
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