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IP Contracts & Franchising
Most intellectual property is lost in a contract, not in a court. We draft, negotiate and record the agreements that decide who owns a right, who may use it and on what terms.
Apex Law Chamber advises businesses on the commercialisation, licensing and contractual protection of intellectual property rights, with particular experience in agreements involving trademarks, technology, brands, know-how and other valuable intangible assets.
Our IP contracts practice covers the structuring, drafting, negotiation and enforcement of licensing, franchising, technology transfer, assignment, distribution, co-branding, merchandising, confidentiality and intellectual property commercialisation agreements. We work closely with clients to ensure that contractual arrangements protect ownership and control of intellectual property while providing the flexibility required for commercial growth.
Franchising
We advise international brands, franchisors, franchisees and businesses developing franchise models on the legal and regulatory aspects of establishing and operating franchise arrangements. Our work includes structuring franchise relationships, preparing and negotiating franchise agreements, protecting trademarks and brand standards, and addressing territorial, operational and commercial rights.
We advise on the contractual framework governing use of trademarks and trade names, know-how, operating systems, quality standards, territory and exclusivity, fees and royalties, supply arrangements, intellectual property ownership, confidentiality, non-compete obligations, term and renewal, termination and post-termination restrictions.
For international businesses entering Nepal through franchising, we provide advice on structuring the relationship to align brand protection with Nepalese legal and commercial requirements. For Nepalese businesses seeking to bring international brands into the market or develop their own franchise networks, we assist in establishing contractual structures that provide clarity over rights, responsibilities and long-term commercial control.
IP Commercialisation & Licensing
Intellectual property can be one of a business's most valuable commercial assets. We advise clients on arrangements that allow those assets to be licensed, transferred, monetised and commercially exploited without compromising ownership or strategic control.
We advise on domestic and cross-border IP transactions, including trademark and copyright licences, technology and know-how arrangements, assignments, brand licensing, royalty structures, technology transfer and other IP-related commercial agreements.
We also assist clients in identifying and addressing risks relating to ownership, scope of rights, territorial limitations, quality control, sublicensing, royalties, confidentiality, infringement, termination and post-termination use of intellectual property.
With our combined experience in IP litigation and IP transactions, we draft and negotiate agreements with a clear understanding of how contractual rights may ultimately be tested in a dispute. This enables us to build practical protections into agreements from the outset and to structure IP relationships with both commercial objectives and enforceability in mind.
Frequently asked questions
Does an assignment have to be recorded?
Yes. Transfers and approvals for use are recorded with the Department of Industry, generally on a joint application by transferor and transferee with the prescribed fee.
What does an assignment cost?
The official assignment fee is 2,000 rupees for a trademark and 5,000 rupees for a patent. These are government charges only and are revised from time to time.
Why does the chain of title matter so much?
Because the Department will refuse or cancel registration where the applicant is not the true owner or has not properly acquired the rights. A defective assignment becomes a registration problem and then an enforcement problem.
What should a trademark licence contain?
The registrations it sits on, territory and term, exclusivity, permitted goods or services, quality control, royalty and audit mechanics, sub-licensing, treatment of goodwill, termination and who may enforce against third parties.