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 Nepalese tea.

Pratyush Nath Upreti, 'Geographical Indications in Nepal: In Search of Identity' in Susy Frankel (ed.) Is Intellectual Property Pluralism Functional? ( Cheltenham/UK Edward Elgar Publishing 2019) 235-266.

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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 h

At The Office for Harmonization in the Internal Market (OHIM) of European Union, Alicante, Spain, 2015

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

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,

Dr. Pratyush Nath Upreti

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