Looking Trademarks & Domain Names Once, From The Perspective Of Copyrights!

 

This I’ve discussed, in few of my previous blogs, wherein if the concept and requirement of Compulsory License is unneeded; then what is the point of both having the period of expiry (albeit putting in the suspension mode is much better in case of failure to renewal sine-die, rather, putting it out in open) both in case of trademarks, as well as, in case of domain names; because again, what’s been done herein, let’s say if and when the period of Copyright expires, what if it gets registered in someone else’s name, then would that be justified? NOPE! Example, if the rights of Homer, or, Sarojini Naidu in copyright expired, but now gets registered in the name of someone else! Justified?

Understandable that in case of the domain names, as the Registrars have to bear the cost even to park domain names, thus, they need to be released in the open; But here was my suggestion to treat domain names same as we treat copyrights. And not only the domain names, but also the trademarks as well. And the way we use the expired Copyrighted data, without becoming the proprietor of it; similarly, in the case of domain names also and also in case of trademarks, instead of making someone else becoming the proprietor; use it as an expired work like in the case of copyrights, or even patents, even if in case of the compulsory license.  Because, in case of patents or copyrights, the person is not becoming the proprietor or owner of the invention or utility model or data!

But when it comes to the domain names and trademarks, the whole concept changes, for the reason that the person becomes the sole proprietor or owner of the expired domain names or trademarks, which I oppose in my earlier blogs also, and proposed a theory to ICANN & WIPO.

What I suggested earlier that, in the case of domain names and also in case for trademarks too, please don’t put that out in the open, unless explicitly any case is made out, for example, a case of cybersquatting,  or of infringement, or of domain name hijacking; and thus, rather put it in the suspension state, upto the period, unless and until the owner of the trademark or domain name, doesn’t renew it once again. Let that DATA be kept at ICANN or WIPO Arbitration Center, and honestly how much space that would take? Hardly few GBs! As in case of that you’re just keeping just METADATA of the same, rather keeping all the details, along with the documents. That would include only the Name, Address, Assignment (If Any), and the location (country of origin) of the current owner of the domain names and trademark. No More No Less!

It would be the responsibility of the owner to keep/produce all the information, as and when the owner wants to renew it again.

As in both cases, domain names and trademarks, you don’t require compulsory license; so what’s the point of changing ownership once they expire!

Indeed, in the Copyrights also, the Compulsory License is required, but, the ownership never changes. And in case the period of the copyright expires, then again, in that case also, the ownership would never change! So goes for Patents! Then why in case of the domain names and trademarks, the ownership may change (correct me if I’m wrong!) if in case of either of them expires, due to non-renewal? With respect of domain names, ICANN  should once again formulate the new Policy; while in case of trademarks, the respective National Trademarks Offices and so as WIPO (WTO) should formulate a new Treaty taking cognizance of my above dilemmas.

Think About It. Am I Wrong?😊

© Pranav Chaturvedi