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 their financial capacity and connections with China and other regions. It is also true that the importance of the initiative is not only from a trade or an investment point of view, but also from the foreign and economic policy perspective: it is of geopolitical interest.

Link to the editorial: Pratyush Nath Upreti,'The Belt and Road Initiative at the Cross Roads' (2019) 14(5)200

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Intellectual Property Rights in Nepal

Pratyush Nath Upreti

Speaking at a memorial service for Nelson Mandela on Dec 10, 2013, South African President Jacob Zuma said, “There is no one like Madiba. He was one of a kind.” Indeed the South African president’s statement about the world’s greatest liberator who contributed so much to strengthening the values of human rights is very significant. Mandela is an inspiration for all mankind. Unfortunately, a controversy has arisen over the ownership and unauthorised use of the name Mandela since his death.

Nelson Mandela’s image, name and quotations have been registered under the proprietorship of the Nelson Mandela Foundation as per South African trademark laws. They are registered under several classes including jewellery, clothing, books and other products. Furthermore, other proprietors of the Mandela brand include the Nelson Mandela Children’s Hospital Trust, Nelson Mandela Metropolitan University and the Nelson Mandela Children’s Fund. Infringement and unauthorised use of t…

Nepal's First National Intellectual Property Policy-2017

My preliminary comment on Nepal's First National Intellectual Property Policy-2017

Pratyush Nath Upreti, Nepal’s first national IP policy, 2017: never too late, The Journal of Intellectual Property Law & Practice, Oxford University Press-2017

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, and with …

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

Pratyush Nath Upreti

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