Trumping local marks: A note on well-known trade marks in Nepal

Upreti, Pratyush Nath

doi:10.1093/jiplp/jpy156

Cited by 3 publications

(2 citation statements)

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“…The researcher further discussed the importance of coordination between the copyright laws of India and Nepal due to the proximity of trade between the two nations. Upreti (2019) brought out the importance of the protection of foreign brands in Nepal. Researcher discovered that the first-to-file system trend has pushed local businesses to register well-known foreign marks in Nepal and discussed the benchmark cases related to intellectual property that were decided by the Supreme Court of Nepal.…”

Section: Introductionmentioning

confidence: 99%

Intellectual Property: Legal Provisions and Legal Cases in Nepal

Vaidya

2023

SLJ

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Strengthening the legal protection of intellectual property (IP) is a major concern for entrepreneurs, inventors, and intellectual communities. It is accountable to the nation to protect its indigenous technology by strengthening its legal footing. Nepal, being a member of the World Trade Organization, is bound to develop a legal framework for the protection of intellectual property. Hence, the country has updated the laws related to IP within the Constitution, Acts, and Rules. There are an increasing number of legal conflicts arising regarding intellectual property in the courts of Nepal. The paper deals with the decisions forwarded on IP-related cases by the Supreme Court of Nepal. In the context of Nepal, an issue or complaint related to IP is initially filed at the Department of Industry as per the prevailing legal provisions relevant to IP. If the settlement is not confined to the department, then the case is forwarded to the District Court. The district-level court settled most IP-related legal cases in Nepal. Further, if the district-level court does not settle the case, it is then appealed to the High Court (then the Appellate Court). Few IP-related legal cases have reached the jurisdiction of Nepal’s Supreme Court, where they have been quashed on appeal, upheld lower-level court judgments, or even upheld or defended the decision of the Department of Industry or the Copyright Registrar’s Office. Nevertheless, given the dynamic nature of the business environment, the court of law should also go for amicus curiae for a better understanding of the crimes and to give a proper judgment on IP-related cases. At the same time, the government of Nepal needs to enact the necessary acts to show a commitment to the promise made in an international arena like the World Trade Organization.

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Section: Introductionmentioning

confidence: 99%

Intellectual Property: Legal Provisions and Legal Cases in Nepal

Vaidya

2023

SLJ

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“…Government of Nepal has recently introduced "National Intellectual Property Policy" in 2017 for the preservation, application and development of indigenous knowledge. Besides, this policy aims to develop traditional knowledge digital library for documentation and conservation of traditional knowledge and features the requirement of legal framework for geographical indication, plant variety protection, biodiversity, traditional knowledge, and cultural expression (Upreti, 2019). This paper attempts to explore and highlight the Indigenous Technological Knowledge of the farmers of study area regarding different aspects of crop production.…”

Section: Introductionmentioning

confidence: 99%

Perceived attributes and adoption of Indigenous Technological Knowledge on agriculture - a case study from Bhirkot municipality of Syangja District, Nepal

Khatri

Khanal

Kafle

2021

Cogent Food & Agriculture

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The Battle for Geographical Indication Protection of Basmati Rice: A View from Nepal

Upreti

2023

IIC

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This article is a contribution to the debate on geographical indication (GI) protection for basmati rice, stressing its relevance to Nepal. After providing an overview of Nepal’s intellectual property regime, this article gives a detailed account of justifications for Nepal to oppose India’s European Union GI registration of basmati rice. The analysis, which highlights the connection between basmati rice and Nepalese society, focuses on the social and cultural values of basmati rice in local communities. The basmati rice controversy provides an opportunity for Nepal to brand its local product in order to penetrate both national and international markets. The GI system may be an auxiliary agent in achieving these goals.

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Trumping local marks: A note on well-known trade marks in Nepal

Cited by 3 publications

References 0 publications

Intellectual Property: Legal Provisions and Legal Cases in Nepal

Intellectual Property: Legal Provisions and Legal Cases in Nepal

Perceived attributes and adoption of Indigenous Technological Knowledge on agriculture - a case study from Bhirkot municipality of Syangja District, Nepal

The Battle for Geographical Indication Protection of Basmati Rice: A View from Nepal

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