What Should Prevail In The Age Of WWW? Global Prior Use, OR, Territorial Rights! Well That Depends!

 

Can Doctrine of Territoriality be Misused? Albeit should not! But time down the line it has been proven that such misuse of Doctrine of Territoriality always prevailed. And in my previous theories and blogs, I’ve suggested that a new guideline for domain name registrations too are needed, besides amending Article 16 of TRIPS w.r.t Doctrine of Territoriality in case of Trademarks, else, should radical ideas like let the Internet be Split and governed territorially henceforth be implemented? As then, there’s no point of one centralized concept of Internet, the way it is run today! And then, it would justify Doctrine of Territoriality! So, let the traffic then be directed, just alike our Passports used at the Borders for Vetting purposes! “Sire, You’re Travelling Alone? We Need To Vet Your Thoughts! Get A Wife, Get A Life! We Won’t Let You Come Alone Inside, So Steps You Must Abort!”

The Dilemma When Trademark Is Registered As Copyright, But, The Timelines Intersect?

So, when your artistic work is capable of being registered as design, then it cannot be registered as copyright, in case certain design protocols on it have already been applied! And when the artistic work is to be registered as copyright, the work which is also registered or is capable of being registered or used as a trademark, then you would require NOC from the trademark. Herein the dilemma originates, on which I had also written couple of blogs long back. Also, a trademark cannot be registered if it is protected by copyright.