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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…

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

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

Please find full article here:

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…

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 pira…

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

Just received a copy of my recent publication.







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