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!”

We already failed to protect DATA on the Internet! It has already been Laundered and Converted into Trillions that has been consumed without any burp!

But coming back to the topic now! What should prevail? Global Prior Use, OR, Doctrine of Territoriality? As this is indeed a Paradoxical situation in case of Trademarks!

As, there are still gaps when it comes to FIFO based registrations served by the Domain Name Registrars; FUFO (First Use First Out) used by the respective Trademark Registries whilst defining priority, under the ambit of Doctrine Of Territoriality!

Thus, my proposition is to specifically define Doctrine of Territoriality in the Article 16 of the TRIPS, when and how that should be implemented or remedied or should be circumvented, in what case! Of course, law of the land must prevail in any circumstances. Yet, there should be a window let opened whilst analyzing Doctrine Of Territoriality.

As in the age of WWW, as long as it survives; the first place to know about any name or its value initially is -> Internet, as long as the Internet survives; further, subject to Search Engines shouldn’t play mucky games, which I had also demonstrated myriad times as how DATA was improperly indexed due to unexplainable reasons, as long as the Search Engines thrive; As furthermore, it is not feasible to check / re-check every registry before implying or applying!

Am I missing something?😊

© Pranav Chaturvedi