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Trumps of Nepal

Pratyush Nath Upreti

Sometimes, a word utterly fails to express what we intend to. I feel the same while penning my thoughts about Donald Trump. His political vision and irresponsible and sarcastic comments about religious groups, among others, have made a mockery of him and the presidential election. In June this year, I was in Europe for an event. I happened to have a conversation with a friend on the upcoming US presidential election and we had a difference in opinion on the outcome of the election. At the very end of the conversation, she politely stated, “If the United Kingdom can exit from Europe, then Trump becoming the next US president will not surprise me”.

Some examples

Not only Americans, but the entire world is concerned about the prospect of Trump becoming successful. On this note, let me identify which Nepali politicians share similarities with Trump, as every country has some political leaders like him and Nepal is not an exception. Several Nepali politicians come to …

A Fresh Start

Pratyush Nath Upreti

In an informal event a few years ago, I happened to meet Bhutan’s members of parliament, who spoke highly of Pushpa Kamal Dahal, Prachanda. They argued that Prachanda was a visionary leader who was highly trusted by the international community to bring about political stability in Nepal. I was surprised by their views. Nonetheless, this conversation took place a long time ago when Prachanda had just become Nepal’s prime minister for the first time, and his journey from the people’s war to mainstream politics had made the international community hopeful that he and his party would usher in stability into the country. But now, I do not think that the international community maintains that faith. Moreover, his first tenure as prime minister did not turn out to be productive.

Oli’s legacy


No doubt the Oli government failed to address the demands of the Madhesis. Further, Oli’s untimely and unwanted political comments against the Madhesis created a trust deficit betwe…

Litigating Intellectual Property Issues in Investor-State Dispute Settlement: A Jurisdictional Conflict: Global Trade And Customs Journal

Adding another to the list, my recent publication " Litigating Intellectual Property Issues in Investor-State Dispute Settlement: A Jurisdictional Conflict", Global Trade and Customs Journal, Vol 11, Issue 7/8, pp. 343-351(2016, Wolters Kluwer Law International Publication.




Link to the Article: Pratyush Nath Upreti, 'Litigating Intellectual Property Issues in Investor-State Dispute Settlement: A Jurisdictional Conflict' (2016) 11 Global Trade and Customs Journal, Issue 7/8, pp. 343–351

All Smoke But No Fire: A Curious Case of Plain Packaging & Intellectual Property: AMITY INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES

I'm happy to share you that my recent publication " All Smoke But No Fire: A Curious Case of Plain Packaging & Intellectual Property" in AMITY INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES, Vol 1. Amity University, School of Law, New Delhi.

Can Investors Use the Proposed Unified Patent Court for Treaty Shopping?

Pratyush Nath Upreti
From The European Federation for Investment Law and Arbitration (EFILA)

In recent years, there have been several discussions on Investor-State Dispute Settlement (ISDS) and its impact on states’ sovereign right to regulate. The latest cases of Philip Morris and Eli Lilly are evident where intellectual property claims were brought under the scrutiny of investment tribunals. These cases have received greater attention, bringing serious debate upon ISDS provisions in the ongoing Investment Agreements, such as Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States. On the other hand, the European Commission has proposed the Unified Patent Court (UPC) as a common patent court for all member states of the European Union. In other words, a step towards achieving further harmonization of the patent system in the European Union. On this note, let’s examine whether the proposed Unified Patent Court Agreement can be used to cha…

First National Intellectual Property Law & Development Essay Competition-2016

On the occasion of World Intellectual Property Day, 26 April 2016, I am happy to launch first National Intellectual Property Law & Development Essay Competition 2016. The main objective of essay competition is to generate interest and discussion among the students across the country in the field of intellectual property. The competition is open to student of undergraduate and postgraduate student in the field of law, art, management, business, social sciences, health and human rights. Thank you, Implementation partners and Jury members for your generous support. Please see flyer for more information. Let's talk and think IP seriously!!!


Innovative Minds

Pratyush Nath Upreti

Every year, April 26 is celebrated as World Intellectual Property Day to promote discussion of the role of intellectual property (IP) in encouraging innovation and creativity. Last year on the occasion of World Intellectual Property Day, I wrote a piece titled ‘ Music & Lyrics’ in which I analysed the overall status of IP in Nepal. At the global juncture, there has been an outcry over IP issues on International Investment Agreement and the last WTO ministerial conference raised concerns about growing plurilateral trading system, which includes a substantial Intellectual Property Chapter. In this note, let’s examine where Nepal stands on IP.

Present status
Last year Nepal underwent an important development in that it promulgated a constitution, ending a prolonged political transition. The newly drafted constitution has a provision on IP. Article 25 (1) defines property as movable and immovable, including IP. This is interesting as there is no other contemporary…

Enforcing IPRs Through InvestorState Dispute Settlement: A Paradigm Shift in Global IP Practice

I am happy to share you my article "Enforcing IPRs Through Investor-State Dispute Settlement: A Paradigm Shift in Global IP Practice"  published in  reputed peer reviewed The Journal of World Intellectual Property (JWIP), Vol 19, Issue 1-2,p 53-82, March 2016. It will be nice to receive feed back from you.
You may follow the link below for the article.
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Enforcing IPRs Through InvestorState Dispute Settlement: A Paradigm Shift in Global IP Practice Upreti 2016 The Journal of World Intellectual Property Wiley Online Library

Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option

Pratyush Nath Upreti*, Upreti & Associates

In my previous contribution to the EFILA blog, titled Right to Regulation & Investment Court System: Alternative to ISDS?, I analyzed the debate raised by the ISDS provision in TTIP and how the proposed Investment Court may not be able to solve the issues raised by ISDS. It is important to analyze the reasons behind such a huge cry over ISDS set up in the Trade/Investment Agreement. The European Federation for Investment Law and Arbitration (EFILA) in its paper titled A response to the criticism against ISDS has balanced an analysis on the criticism of ISDS.

It is evident that in recent years, there has been a diversion of opinions, which is painful to investors and also encroaching on the national matters of State. Therefore, the global community has to realize that the present ISDS is not always working effectively and alternatives should be proposed. The European Commission’s proposed ‘Investment Court’ might be a step towards form…