dotPH Domain Poll Answer from joel disini
Date: Monday, August 19, 2002 12:58 PM +0000
Subject: philippine law and "generic domains"
From: joel disini
Sleepless_in_Seattle@anonymous. wrote:
Hurrah for you!»
You just mentioned the legal principle applicable to Registral Law:»
«Prior tempore, potior iure. »
"first in time, first in right"
a/k/a first come, first served (?)
sure, that's okay for generic names like sex and business -- or maybe windows ;) -- that nobody owns. but there's got to be a way to protect against someone else getting MY cpmoany/name as a domain.
actually, the current Philippine Dispute Resolution Policy on
dotPH - Domain Name Policies Uniform Domain Name Dispute Resolution Policy.url
allows for this. Because of the extreme delays in resolving disputes in the Philippine courts (notice that the pldt.com case has dragged on for 3 years, and it isn't clear to me when this case will finally be resolved), DotPH has made arrangements with WIPO (and other agencies) to act as an arbiter in the case of domain disputes. (cases are typically resolved in 2 months) If you read the above document you will see that WIPO is bound to honor the laws existing where the nameholder resides or conducts business. Hence if you are resident or conduct business in the Philippines and own a PH domain, WIPO is bound to follow Philippine laws and honor Philippine trademarks.
Furthermore, should WIPO resolve the suit against you, then you have the option of filing a case in the Philippine courts within 30 days after the WIPO decision. In this case, DotPH will keep the domain pointing towards your Nameservers, and the Philippine courts, will, of course, follow Philippine Law.
If, however, you are a Philippine company that neglects to apply for a trademark locally and neglects to apply for a domain, then neither WIPO or the Philippine courts may be able to protect you. (especially if some other company applys for a trademark and domain before you do).
DotPH stays neutral in all domain disputes, and merely follow the orders of the court, or of WIPO (or the ICANN-approved arbiter).
