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Publications

Selective Journal Publication and Book Chapter

Forthcoming:

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

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

Published work

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

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

3." 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.

4. 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.

5. "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.

6.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.

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


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

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

10. 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

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

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

Abstract:
Several genetic research characterize at aiming the existence of genetic influence on criminal behaviour. Studies on twins also play a major role in determining the existence of such theories. Physical and mental disorders too contribute to such behaviors. Nonetheless researchers also prove the effect of environment on the criminal behavior. In contrary to it researchers also prove that not in all cases that the relevant environmental factors do influence the criminal behavior. The interaction of genetic-environment factors also contribute majorly to such criminal behavior. The relevancy of such biological and environmental testimony can play a major role while dealing with criminal cases.
Keywords: heritability, criminal behaviour, gene-environment interaction, criminal testimony

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

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

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

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

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

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

19. Fashion Design: Protection under IP Laws, Chapter on Book,2014


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Nepal's First National Intellectual Property Policy-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 …