Terms of Reference (ToR):Translation of Code of Conduct (CoC) and registration in exporting countries of Collective Trademark Nepal Herbs

19, jan 2018

Reporting to: NEHHPA (
Reporting Date: 24 January 2018
Place of assignment: Kathmandu    

A.    Background
        Nepal Herbs and Herbal Products Association (NEHHPA) is an umbrella organization of the herbal producers, manufacturers, and traders in Nepal. It is established in 2002 to build up a sustainable business system of herbs and herbal sector in Nepal. The main goal of NEHHPA is to improve the livelihood and provide farmers with market access to create income opportunities for poor rural households and to provide necessary support to the rural community for producing and marketing quality products. NEHHPA has been focusing on many programs, events, and activities that are supportive to have extended marketing capabilities of its members as well as the entrepreneurs in this sector.

        NEHHPA has financing agreement to carry out the activities of "Sustainable Business Promotion for Accessing International Market for the Small and Medium Entrepreneurs (SMEs) in MAPs Sectors of Nepal Project which is financed by Enhanced Integrated Framework/United Nation Office for Project Services (EIF/UNOPS), Germany Federal Ministry for Economic Cooperation and Development (BMZ) and the Government of Nepal. On behalf of BMZ, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH supports the Ministry of Forests and Soil Conservation (MoFSC) to execute the IN-MAPs project. The IN-MAPs project is being implemented in central level in Kathmandu and major activities in its prioritized districts i.e. Banke, Dang, Kailali, Kanchanpur, Pyuthan, and Surkhet. The project aims to improve production, processing and marketing practices of Medicinal and Aromatic Plants (MAPs) for their sustainability, strengthen the private sectors and facilitate the MAPs trade in Nepal. 

        With the aim of Nepalese MAPs export promotion in the foreign country, NEHHPA initiated to establish the collective trademark “Nepal Herbs” as a brand for the Nepalese MAPs products. This collective trademark is created in 2015.The objective of the collective trademark is to authenticate Nepal's MAPs products, enhance product recognition and allows a Nepalese MAPs business to build public goodwill and brand reputation in the goods it sells. NEHHPA have finalized the collective trademark; logo “Nepal Herbs” and also successfully filled the application for registration in Nepal.  

        As we know, MAPs sector is emerging as good economic source to the resource-poor and marginalized communities, by registering the collective trademark in different countries we can establish the market for our MAPs. The collective trademark not only increases the market in developed countries but also assures the faith for the quality and origin of the product. Realizing these facts, NEHHPA aims to register the collective trademark Nepal Herbs in different countries. For this, the CoC finalized need to be translated into English which is the foremost step for initiating the registration in foreign countries. Simultaneously, it is necessary to identify the international legal consultant for the registration of the collective trademark in countries like France, Germany, USA, Japan, India, China, Bangladesh, Poland, Pakistan, Netherland. Since registration in different countries is a lengthy process so NEHHPA agrees to give both task translation and registration in the above-mentioned country to a same legal consultancy firm.

B.    Terms of Reference (ToR)
1)    Strategy: 

The main objective of this assignment is to translate the Code of Conduct of collective trademark and to register the collective trademark in countries like France, Germany, USA, Japan, India, China, Bangladesh, Poland, Pakistan, Netherland.
The specific objectives of this assignment are as follows:
−    Translate the CoC into English.
−    Initiate the process of registration in above-identified countries.
−    Submission of deliverables after completion of an assignment.

2)    Cooperation:
Specifically, NEHHPA members, as well as the member from JABAN and HEAN, are the relevant stakeholders. 

3)    Process:
Authorized Consultancy Firm of Nepal will be selected in translating Nepali version of the code of conduct of Nepal Herbs 's trademark into English and registration into different countries. The consultancy firm will be selected through EOI float.

4)    Steering: 
For fulfilling this service, the resource person/consultant will closely work together with the NEHHPA and GIZ/INCLUDE-IN-MAPs team. NEHHPA in close coordination with GIZ/INCLUDE (IN-MAPs) team will take the relevant decisions; steer the overall assignment and inform the consultant on due diligence process. Regular updates and interaction on the current status are expected.   

5)    Learning and Innovation:
The translated document will be used as reference material to register collective trademark Nepal Herbs in the selected foreign countries. The registration of the collective trademark in foreign countries will authenticate the Nepali products related to herbs and MAPs in those countries. Further, the trademark registration gives the Nepali MAPs companies the right to exclusive use of the mark in respect of the MAPs products.

C.    Key Requirements of Consultant(s)
The consultancy firm or individual should have knowledge of trademark registration process in different countries other than Nepal. He/she should execute the Nepal Herbs trademark registration process in consultation with NEHHPA team and GIZ/INCLUDE (IN-MAPs) team. After the permission from the NEHHPA, he/she should go for the further process of Nepal Herb's trademark registration. As a deliverables consultancy firm should submit the English version of Nepal Herbs trademark CoC to the NEHHPA. He/she should prepare all the necessary documents that are required for the Nepal Herbs trademark registration in the respective countries along with details budget breakdown. Further, he/she should submit a report with a trademark registration details. Other qualifications required are:

•    Authorized (NOTARY) and professional translator.
•    CVs of the translator should be submitted to NEHHPA for prior approval.
•    The firm or individual should have experience in registering of any of the trademarks in foreign countries.
•    At least five years of work experience in the relevant field of trademark registration in foreign countries.
•    Knowledge of MAPs sector and law academic background would be added value.