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Recently, I had reached out to WIPO with regard to our international trademark filings to understand the trademark mediation process better. This is the email response that we received.
What do we think about the response from WIPO?
Is IP protection including trademarks totally territorial?
As per an interesting case, Yahoo, Inc. vs Akash Arora, the Indian court decided that domain name registration and trademarks are connected. This case also showcased that IP is beyond borders.
What is the primary objective of Intellectual Property protection?
- The primary objective of intellectual property law is to protect genuine and first creator and/or inventor for their original invention or creative work. If that were the case, we need to really ask the question whether "first to file" should even exist as the whole idea of IP revolves a lot around existence of prior art.
- Please also note that there is more to it when it comes to IP as there are lots of nuances to it, which is why it is important to seek reliable legal counsel for this purpose.
- While looking into this topic, we also need to understand that financial prowess could put certain sections of population at a disadvantage to protect their creativity and inventions, while those with resources and power could prosper further.
Contrary to what was stated by WIPO representative in their emails, it appears to be more than that. Just the fact that there is an existence of prior cases as shared above clearly shows that IP is beyond borders, and need not be territorial.
If the mediation process is strictly for domain name, may I know what is the role of these mediation centers?There is also a clear mention of common law on pg 11 in WIPO manual.
How about personal jurisdiction?
Here is an interesting case on this topic.