9.4 Remedies

The administrative route: the Department of Industry (trademarks/patents/designs — registration, oppositions, renewals; the registrar's record); the Copyright Registrar's Office (the deposit/record); the Department of Customs (the border measures — import-export seizures of counterfeit goods under TRIPS' border-enforcement standards); The civil route: the district-court suits — injunctions (the interim-relief practice), damages/ accounts of profits, delivery-up and destruction of infringing goods; the registered right's certificate as the prima facie title; The criminal route: the statutes' penal provisions (copyright infringement and counterfeiting as offences — the police-raid practice; the Criminal Code 2074's forgery/fraud provisions for the document-counterfeits); The self-help contract route (trade secrets — the injunction against the confidee; the employee's duty actions). The procedural realities (the honest analysis): the capacity limits (the specialisation gap), the piracy markets' scale (optical disc and software piracy's open reality), the awareness gap (the SMEs' unregistered IP), the collecting-society disputes (the royalty conflicts), and the reform agenda (the IP-policy modernization drafts; the Paris/ Berne accession debates). The leading authorities to cite: Kiran Shoes v. Department of Industry, NKP 2062, D.N. 7536 (the trademark-registration/proprietary-rights authority — and the IP-as-property reading of Article 25); Mount Bruary v. United Bruary, NKP 2067, D.N. 8356 (the rival-marks confusion analysis — the breweries' classic); Ram Pratap Khadka v. Kathmandu Metropolitan Police, Hanumandhoka, NKP 2072, D.N. 9435 (read with the enforcement practice —…