Pratyush Nath Upreti defended his thesis
- Pratyush Nath Upreti and his thesis jury
"When Intellectual Property Meets Investor-State Dispute Settlement: Intersections and Relationships" by Pratyush Nath Upreti.
Thesis supervised by Michel Vivant, Professor Emeritus - Institut d’études politiques of Paris, and Séverine Dusollier, Full Professor - Institut d’études politiques of Paris, defended on 15 December 2020.
- Régis Bismuth, Full Professor, Institut d’études politiques of Paris
- Séverine Dusollier, Full Professor, Institut d’études politiques of Paris
- Duncan Matthews, Professor of Intellectual Property Law, Queen Mary University of London (Rapporteur)
- Makane Moïse Mbengue, Professor of International Law, University of Geneva (Rapporteur)
- Ruth L. Okediji, Professor of Law, Harvard Law School
- Michel Vivant, Professor Emeritus - Institut d’études politiques of Paris
This thesis aims to examine the relationship between intellectual property (IP) and international investment agreements where IP rights have been litigated in investor-state dispute settlement (ISDS). It analyses the issues arising from those disputes through the perspectives of national and international legal orders and offers a normative analysis to resolve the tension brought by IP and ISDS interaction. The analysis achieved in this thesis can significantly impact approaches of treaty-making to safeguard IP objectives in IIAs and thus respond to the threat that investment arbitration may possess. In so doing, the analysis is not confined to the IP regime; rather, it takes a pragmatic approach in terms of substantial analysis by exploring the trade regime, investment law and arbitration to address key challenges to IP-ISDS interaction.
“Sciences Po Law School provided me with academic insights, teaching opportunities and professional networking. I thank my supervisors Professors Michel Vivant and Séverine Dusollier for their devoted time, patience and valuable guidance over the four years of my Ph.D. This journey would not have been complete without an inspiring working atmosphere and many friendships. Thanks to all colleagues at the Law School.”