Dr Yog Upadhyay
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Job title: Lecturer in Law
Email: Y.Upadhyay@derby.ac.uk
Phone No: 01332592145
Room: E821
Recent publications
- Upadhyay, Y., Protection of Himalayan Biodiversity (Book Review) : Asian Journal of International law.
- Upadhyay, Y., Treading a fine balance between encouraging inventions and protecting the society: An analysis of the precautionary approach in regulating technology, Forthcoming 2013.
- Upadhyay, Y., TRIPS, ACTA and What Next : The Politics of International Intellectual Property Standard Negotiation, Forthcomign 2013
- Upadhyay, Y., Sui Generis System for protection of plant: Some options for least developed countries, Forthcoming, 2013
- Upadhyay, Y., Trade and Human Rights : An interaction between the international human rights framework and the TRIPS agreement of the WTO. (Under Review)
- Upadhyay, Y. (2007), Negotiating Liability Under Biosafety Protocal, Int. J. Liability and Scientific Enquiry, Vol. 1, Nos. 1/2, pp.1-9. 2007
(This Article has been included as one of the training resource material for Negotiating party by Biosafety clearing house of CBD.) - 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). 2004
- Uphadhyay, Y (2007) International legal Regime on Coexistence of Genetically Modified and Non-Modified Food. EU FP6 project report.", 2007
- Upadhyay, Y. (2009) Biodiversity Management and Food Sovereignty: Implementation Challenges for South Asia Discussion Paper 2009
- Upadhyay, Y. (2009) Biodiversity Protection in the New Constitution of Nepal. Discussion paper. 2009
Experience in Industry
Yog practiced for 5 years in the area of international commercial law before embarking into the academic research and teaching.
Department: Law
Faculty: Business, Computing and Law
School: School of Law and Criminology
Subject Area: Law
Yog is a Lecturer in Law.
Teaching responsibilities
Yog teaches courses in Intellectual Property, International Trade Law and International Commercial Arbitration. Yog also contributes in some of the undergraduate modules. Yog welcomes research supervision in International Trade Law (The WTO), Intellectual Property Law, Environemntal Law and Regulation of Scientific Inventions.
Research interests
Yog's main area of research interest is in intellectual property and international law, with particular emphasis on the operation of the law for developing and least developed countries, in the area of agriculture. His research in this area focuses on the interaction between international economic law (international trade law) and international human rights. His PhD thesis looks into the plant sui generis system option under article 27.3.b of TRIPS agreement from the perspective of developing and least developed countries. Whereas these countries with developing and least developed economies are granted a freedom to develop their own plant sui generis system under Art. 27.3.b of TRIPs agreement, they have not been able to exercise the freedom due to various reasons. In this context, his thesis analyses the spirit of Art. 27.3.b of TRIPs agreement. For the philosophical underpinning, he considered the "Charter of Economic Rights and Duties of the State", Rawls' concept of "Distributive Justice" (particularly in relation to the development of the farmer's right) and Gewirth's moral and ethical philosophy. He considered these established theories in the context of the interaction between international economic law and international human rights law. His thesis advances an alternative framework for the negotiations around the development of sui generis alternatives by particular States, and draws guidelines for "effective" plant sui generis system under Art. 27.3.b of the TRIPs agreement. Yog's work also analyses the "right to property" under the international human rights framework and compares those two concepts of intellectual property and real property within that framework using the framework of ethics and morality. Yog also works on the relationship (legal) between the scientific invention and society in particular the regulation of science such as biosafety, protection of individual and individual information etc.
Membership of professional bodies and advisory committees
IUCN Comission on Environmental Law
ICC, International Court of Arbitration (2001- 2003)
Undergraduate qualifications
- LL.B, Tribhuvan University, Nepal
Postgraduate qualifications
- LL.M, Tribhuvan University, Nepal
Research qualifications
- Ph.D on Plant Intellectual Property Rights and International Economic Law, University of Sheffield
Research posts
| Institution | Project | Dates |
|---|---|---|
| Sheffield Institute for Biotechnological Law and Ethics, University of Sheffield | Various | 2004-2007 |
| Queen Mary, University of London | WTO Dispute Settlement | 2002-2003 |
