Dr. Pratyush Nath Upreti

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Nepal and International Law

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 s

Geographical Indications in Nepal: In Search of Indentity

I n 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 o

Nepal, LDCs and China's Belt and Road Initiative

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. Tejeshw

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

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 finalisi

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. Pratyush Nath Upreti; Trumping local marks: A note on

Hey, I made that.

Apr 29, 2018-World Intellectual Property Day was celebrated on April 26 under the theme ‘Powering Change: Women in Innovation and Creativity’. In general, gender disparities are visible in Nepal. In the music and film industry, there are more men than women. Nonetheless, the highest grossing Nepali film Chhakka Panja was directed by a woman, reminding us that women are no less innovative or creative than men. The existing legal framework provides limited incentives for women to encourage creativity and innovation. The Industrial Enterprises Act 2016 provides a 20 percent discount on the registration fee for enterprises owned by women. Similarly, the National IP Policy 2017 provides legal and administrative facilities. Barriers to copyright enforcement In recent times, the Nepali film industry has been vocal about copyright infringement, and rightly so because unauthorised use of someone’s work should not be allowed, and strict action should be taken against violators. The online pi

Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation

Citation: Pratyush Nath Upreti, Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation, European Intellectual Property Review (2018)40(4), 277

From TPP to CPTPP: why intellectual property matters

Sharing you a short note on recent TPP/CPTPP development. Citation: Pratyush Nath Upreti; From TPP to CPTPP: why intellectual property matters, Journal of Intellectual Property Law & Practice, Volume 13, Issue 2, 1 February 2018.

General Assemblies of Member State of World Intellectual Property Organisation (WIPO)

Great to brief a statement on Agenda Item 24 o at Assemblies of the Member States of WIPO: Fifty-Sixth Series of Meetings — 2016

A Brief Analysis Of Nepal’s First National IP Policy

By Pratyush Nath Upreti Earlier this year, the Nepal Government released its long-awaited first national intellectual property policy, after becoming the first least developed country (LDC) to join the World Trade Organization (WTO) on 23 April 2004. The National Intellectual Property Policy of Nepal, released on 6 March, is available here [pdf]. During the accession negotiation of the WTO, Nepal presented an ‘Action Plan for Implementation of the Agreement on Trade Related Aspects of Intellectual Property Protection’ which highlights the actions already taken by Nepal and future roadmaps to develop an IP system within an estimated timeline. Unfortunately, the action plan, suggesting drafting of the national IP code, never came into practice. Being an LDC, Nepal enjoys the status of the transition period under the TRIPS Agreement and has been receiving technical support from the World Intellectual Property Organization (WIPO). Nepal is in the midst of a political transition,