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Selective Journal Publications/Book Chapters

Recent Publications

1. 'A Welcome Contribution to the Study of Pharmaceutical Patent Law and Policy' (2020) Journal of Intellectual Property Law and Practice (Book Review) 2.Intellectual Property, Investment and WTO: A Historical Account' in Christoph Geiger(ed) Research Handbook on Intellectual Property and Investment Law (Cheltenham/UK, Edward Elgar Publishing,2020) 182-205.
3.'Phase One US-China Trade Deal: What Does It Mean for Intellectual Property?' (with María Vásquez Callo-Müller) (2020) GRUR International: Journal of European and International IP Law (Oxford University Press, 2020)
4. 'Trade Mark Restrictions Under the TRIPS Agreement: The WTO Panel Findings on Australia’s Tobacco Plain Packaging Legislation'(2020) 54(2) Journal of World Trade(Kluwer Law International,2020)239-264.
5. 'IP issues in ISDS'in Jus Mundi Wiki Notes (Paris, France)
6. 'Nepal Chapter'(with Professor Surya P. Subedi (QC))in Simon Chesterman, Hisashi Owada, Ben Saul (eds.) The Oxford Handbook of International Law in Asia and the Pacific (Oxford, Oxford University Press, 2019) 629-655.
7. 'Geographical Indications in Nepal: In Search of Identity' in Susy Frankel (ed.) Is Intellectual Property Pluralism Functional? (Cheltenham/UK Edward Elgar 2019)235-266.

Forthcoming Publications
1. ‘IPRs Issues in Investor-State Dispute Settlement: Connecting the Dots Through Philip Morris and Eli Lilly Awards’ (2021) 31 (3) American Review of International Arbitration 1-53 (accepted, forthcoming). 2. 'The Role of National and International IP Law and Policy in Reconceptualising Definition of Investment’ (2021) IIC-International Review of Intellectual Property and Competition Law 1-37 (accepted, forthcoming).
Policy Briefs
1. 'Prospects of Geographical Indications in Nepal'(Forthcoming, 2019)
2. 'IP Licence, Trademarks and ISDS: Bridgestone v. Panama' (Investment Policy Brief 13 December 2018, South Centre)

Amicus Curiae Brief:

1. Amicus Curiae Submission on Eli Lily the Company vs. The Government of Canada, Submitted to the ICSID Case No. UNCT14/2

Book Review
1. TianXiang He Copyright and Fan Productivity in China: A Cross-Jurisdictional Perspective ( Springer, 2017) Reviewed by Pratyush Nath Upreti, (2019) 41 (2) European Intellectual Property Review 127

Published work

1.'Navigating the currents of Belt and Road Initiative: Perspectives on Least Developed Countries' (co-authored) Global Trade & Customs Journal
(2019) 14(5) 259 (Kluwer Law International)2.

2. Trumping Local Marks: A Note on Well-Known Trademarks in Nepal, (2019) 14 (2) Journal of Intellectual Property Law and Practice 144 (Oxford University Press)

3.IP Licence as an Investment: Insights from Bridgestone v. Panama (2018)1(1) Stockholm Intellectual Property Law Review (SIPLR)16-27

4. Eli Lilly v Canada: The Tale of Promise v. Expectation, International Arbitration Law Review (2018)3

5. 'Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation', European Intellectual Property Review 42(4) (2018)

6.From TPP to CPTPP: why intellectual property matters, Journal of Intellectual Property Law & Practice, Volume 13, Issue 2, 1 February 2018 (Oxford University Press)

7." Nepal’s First National Intellectual Property Policy-2017: Never too Late”, The Journal of Intellectual Property Law & Practice, Oxford University Press (2017) Vol 12, Issue 7.

8. Litigating Intellectual Property Issues in Investor-State Dispute Settlement: A Jurisdictional Conflict' on Global Trade and Customs Journal, Vol 11, Issue 7/8, pp 343-351(2016), Kluwer Law International Publication.

9. "Enforcing IPRs Through Investor-State Dispute Settlement: A Paradigm Shift in Global IP Practice", The Journal of World Intellectual Property, Vol 19, Issue 1-2, P.53-82, March 2016.

10.All Smoke but no Fire: A curious case of plain packaging and Intellectual Property, AMITY INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES, Vol 1. 2015 p.113.-131 Amity University, School of Law, New Delhi.

11.Can Investors Use the Proposed Unified Patent Court for Treaty Shopping?, The European Federation for Investment Law and Arbitration (EFILA), May, 2016

12. "Mediation in Investor-State Dispute: An Option", The European Federation for Investment Law and Arbitration (EFILA), January 2016

13. "Right to Regulation & Investment Court System: Alternative to ISDS?" The European Federation for Investment Law and Arbitration (EFILA), December-2015

14. Co-authored article titled "Sustainable Development by Encouraging Foreign Direct Investment in the Developing Economy to Protect the Biodiversity" Journal of Economics and Sustainable Development, Vol. 3, No.11, 2012, The International Institute for Science, Technology and Education (IISTE, USA

15.Engineering Compromise: does it have any significance in design law?, Class99 Design Law Blog/MARQUES,United Kingdom(UK) July 2015.

16..A Co-authored article on “Genetic and Environmental Influences on Criminal Behaviour” Published in CALCUTTA LAW TIMES, March Issue, 2011 Vol 1.Page 36.

17. Article titled “Introduction to Copyright Protection in Nepal Published in NEPAL BAR ASSOCIATION JOURNAL, 2012.

18. A Co-authored article titled on "Jurisprudence of Private Property & Fair Use” published in NYAYIK DHWANI, Morang Bar Association, Vol 1, Page 22-38.

19. Article titled “Celebrity Rights: Issues & Concerns”, in KANNON CONTEMPORARY LAW JOURNAL, 2013, Nepal

20.A Co- authored article title “Naked Licensing; Safeguarding the Eminence” Published in INDIAN LEGAL IMPETUS, January, 2011, Vol. V. Issue I.

21.A Co- authored article title “The Machine-or-Transformation Test” Published in INDIAN LEGAL IMPETUS, December, 2011, Vol. 7V. Issue XII

22.A Co- authored article title “Utility Model Patent: Road Ahead” Published in INDIAN LEGAL IMPETUS, May, 2012, Vol V. Issue V.

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Popular posts from this blog

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…

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


Pratyush Nath Upreti

In a welfare state, citizens have access to electricity, water, roads, education and health. Since citizens pay for these amenities through taxes, they expect services from the state in times of need. Increasingly, with the ubiquity of the internet, access to the web is also being considered a right. Although this scenario does not exist in the Nepali context, considering the potential of the internet to bring changes to societies and economies, the question of internet access as a basic right could bear merit. As per a World Bank report, there were 499,000 internet users in Nepal in 2008. These numbers have certainly increased. According to the Nepal Telecom authority, internet penetration had reached 28.92 percent in Nepal as of November 2013.

However, along with the spread of the internet, a new avenue for crime has also evolved. A worldwide nuisance already, cybercrimes in Nepal are rising as the Internet becomes more commonplace. The Nepal Police’s Crime Inv…