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IP License as an Investment: Insights from Bridgestone v.Panama

IP License as an Investment: Insights from Bridgestone v.Panama

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ABSTRACT

The relationship between intellectual property (IP)and investment is old, but the debates are new. Recent high profile cases in which intellectual property rights(IPRs) are being sought to be protected by means of international investment law and treaties have generated visible debate and discussion. In the light of the recent decision on expedited objections in Bridgestone Licensing v. Republic of Panama, this article will explore arguments put forwarded by both parties regarding the interaction between IP Licence Agreements and the definition of investment, as well as the Tribunal’s finding on the question whether an IP Licence with a
revenue sharing model qualifies as an investment.

Citation: Pratyush Nath Upreti, IP License as an Investment: Insights from Bridgestone v.Panama (2018)1(1) Stockholm Intellectual Property Review 16
full text of the article is available here and H…
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Nepal

For a small Himalayan state with an ancient civilisation and no experience of foreign subjugation, Nepal has had more than its fair share of internal political upheavals. In the latter part of the twentieth century, this history was complemented by a diverse set of interactions with the United Nations and the regimes negotiated under its auspices. These interactions with the outside world and international law have tended to pursue three objectives: first, asserting and protecting Nepal’s freedom of action and maintaining its own equilibrium vis-à-vis its two larger neighbours, China and India; secondly, economic development; and thirdly, promoting liberal democratic values underpinned by human rights and the rule of law. This chapter will examine this interplay between international law on the one hand and national and international politics on the other. The chapter offers a brief history of Nepal in section 2, before considering the role of the UN in its political transition in se…

Geographical Indications in Nepal: In Search of Indentity

In the multilateral trading system, geographical indications (GIs) are much debated. The division about the role of GIs among the developed countries has furthered controversy. Developing and least-developed countries (LDCs) perceive GIs through the lens of sustainable development. Nepal’s economy is predominantly based on agricultural products, but local actors are not able to market products globally. GIs may provide a unique opportunity for the farmers and small-scale producers to promote local heritage globally. Moreover, considering the geo-climatic condition, GIs may represent an excellent opportunity for Nepal. This chapter analyses GIs development in international law and focuses on potential GIs in Nepal. In order to do so, it discusses the rural development potential of Gisin the context of an overview of intellectual property protection in Nepal and the international rules. The chapter concludes with a discussion of GIs prospects in Nepal, and particularly a case study of …

Navigating the Currents of Belt and Road Initiative: Perspectives on Least Developed Countries

This article aims to discuss the Belt and Road Initiative (BRI) from the lenses of Least Developed Countries (LDCs) and bring attention to some of the issues which may require profound thought. Most developing countries around the globe, especially the least developed ones, today face significant development funding gaps and a pressing need for infrastructure development. The BRI has given rise to new global geopolitical and geostrategic dynamics and fuelled intense debates around China’s increasing assertiveness in the conduct of its international relations. As far as countries with financing needs are concerned, while adjusting sails according to the changing geopolitical winds to propel growth momentum might seem like a lucrative position to exploit, it is often far from easy to maintain such a delicate balance, as we will see, analysing Nepal as an example in this article.


Tejeshwi Nath Bhattarai, Pratyush Nath Upreti, 'Navigating the Currents of Belt and Road Initiative: Per…

Editorial: The Belt and Road Initiative at the Cross Roads

This special Issue of the Global Trade and Customs Journal showcases a wide range of scholarly contributions to one of the most ambitious projects of the twenty-first century. In 2013, the Chinese Government launched the One Belt One Road Initiative (OBOR), now referred to as the Belt and Road Initiative (BRI); a highly ambitious infrastructure project that aims to link China physically and financially to Asia, Europe, Africa, and Oceania. It covers 30% of global gross domestic product (GDP), 62% of the population, and 75% of known energy reserves, offering a trading route, which has a potential to be the world’s largest platform for regional collaboration. It has opened a new market to China and certainly spurs the economy in general. The initiative aims to establish and develop trading partners for the future through connectivity and infrastructure, where trade continues to be a driving force. Many countries have shown interest in joining the initiative because it will strengthen t…

Prioritise intellectual property rights

Nepal joined the World Trade Organisation in 2004, but it began making legislative reforms only recently. Speaking at the Nepal Investment Summit 2019 held last month, Prime Minister Oli said that the country was a virgin land with huge potential for foreign investment. To attract and facilitate foreign investment, Nepal has introduced the Public Private Partnership and Investment Act, and the Foreign Investment and Transfer of Technology Act as part of policy reforms.

In 2017, Nepal approved the long overdue National Intellectual Property Policy. It aims to achieve economic prosperity by preserving, using and protecting various aspects of intellectual property. The policy lists several objectives and one key commitment—to achieve the said objectives through legislative reforms within two years. Unfortunately, the National Industrial Property Code couldn’t be finalised before the 2019 Investment Summit. Many had expected that the Investment Summit would hasten the process of finalisin…

Trumping local marks: A note on well-known trade marks in Nepal

Abstract
The adoption of a first-to-file system has encouraged local companies to register famous foreign marks in Nepal, which have undermined foreign companies' business and tarnished Nepal's imagine for inadequate protection for foreign brands. The recent decision of the Department of Industry (DOI) to recognize 'Facebook' as a well-known trade mark shows a changing attitude towards well-known marks in Nepal. The 2017 National IP Policy emphasizes protection of well-known trade marks and passing off action against the unauthorized use of unregistered marks. In line with the National IP Policy, the Government is currently drafting a new 'Industrial Property Code', which aims to revise the current IP laws. The initial draft of the text has provisions related to well-known trade marks. This article aims to discuss the status of well-known trade marks in Nepal and offers impetus for legislative changes.

Link to the article: Pratyush Nath Upreti; Trumping local…