Dr Yog Upadhyay
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Job title: Lecturer in Law
Email: Y.Upadhyay@derby.ac.uk
Room: E805
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Recent publications
Forthcoming Publications.
- Enforcing Intellectual Property Rights: TRIPS, ACTA and What Next? (Under Review)
- Treading a fine balance between encouraging inventions and protecting society: An analysis of the precautionary approach in regulating technology, 2012.
- Sui Generis System for protection of plant: Some options for least developed countries, Forthcoming, 2012.
- Freedom of setting national intellectual property framework: International Oblogation Vs. National Interest (Under Review)
- Farmers' right as an important component of the right to life : An analysis of international human rights instruments from the perspective of subsistence farming community. (Under review) 2012.
- Personal property versus national sovereignty: Issues of biopiracy. (Under review).
- North-South debate on protection of plant and seed: One size does not fit for all. (Under review).
- Nature of WTO Dispute Settlement: Is it judicial? (Under Review).
- Arbitration for Farmers - (Work in progress)
Published Papers and Reports
- Protection of Himalayan Biodiversity (Book Review) : Accepted for publication in Asian Journal of International law , Annual Issue 2012.
- Upadhyay, Y (2007), Negotiating Liability Under Biosafety Protocal, (2007) Int. J. Liability and Scientific Enquiry,Vol 1 Nos 1/2 pp 1-9.
- Upadhyay, Y (2006), Liability Under Biosafety Protocol, Business Law: Present and Emerging Trends, Kirkegaard, S. (ed), Association of IT Lawyers, ( ISBN87-991385-0-6) 2006.
- Booth S, Sethe S, Townend D, and Uphadhyay, Y (2004) Legal Issues in Creating an Advanced Systematic Documentation, Information and Communication Tool in the Field of Science, Technology and Research (ASTER) (Annex 3a of no 23 above) 64 pages (20,500 words).
- Uphadhyay, Y (2007) International legal Regime on Coexistence of Genetically Modified and Non-Modified Food.
- Upadhyay, Y. (2009) Biodiversity Management and Food Sovereignty: Implementation Challenges for South Asia (Discussion Paper)
- Upadhyay, Y (2009) Biodirersity protection in the new constitution of Nepal. (Discussion paper)
Faculty: Business, Computing and Law
School: School of Law and Criminology
Subject Area: Law
Teaching and research.
Teaching responsibilities
Yog teaches Intelelctual Property in LL.M and also teaches some aspect of International Banking an Finance in Masters program. Yog welcomes research suervision in the area of intellectal property, economic, social and political rights, alternative dispute resolution and regulation of scientific innovation.
Professional interests
Yog is very interested in the moral and ethical aspects of the international relationship. Yog is also interested in the moral and ethiical aspects of the regulating scientific innovations. Yog also works as an arbitrator. Yog has advised goovernments and institutions in developing countries in various issues.
Research interests
Yog's main area of research is in Intellectual Property and International Law, with particular emphasis on the operation of international standard for developing and least developed countries, in the area of agriculture. His Ph.D thesis looked into the plant sui generis option under Article 27.3.b of the TRIPS agreement. He considers John Lock's "Labour Theory", John Rawl's "Distributive Justice" and Alan Gewirth's "Productive Agency" in relation to intellectual property. He refers to the "Charter of Economic Rights and Duties of the States" to talk about the issues of the state sovereignty within the WTO framework. Yog also works in the area of regulation of the scientifc inventions in particular to the issues of liability and redress.
International Experience
Yog has adviced governements and international institutions in various issues.
Membership of professional bodies and advisory committees
Yog is member of IUCN Comission on Evironmental Law. Yog has served ICC, International Court of Arbitration (Paris, France) as a court member.
Recent Conferences
Undergraduate qualifications
- LLB, Tribhuwan University, Nepal
Postgraduate qualifications
- LL.M (Commercial Law), Tribhuwan University, Nepal
Research qualifications
- PhD, Plant Sui Generis System under Article 27.3.b of the TRIPS Agreement, University of Sheffield, the UK
