INDRP- Indian Domain Name Dispute Resolution Policy In India
To regulate the domain name disputes in India, the Indian Domain Name Dispute Resolution Policy was formulated by the .IN Registry in India. The said policy was drafted in consonance with the provisions of the Information Technology Act, 2000. Internet being a global medium, it is very difficult to ascertain jurisdiction to file and contest the case. In such a situation, proceedings will have to be filed in every country where the Country Code Top Level Domain is registered. This increases the cost of litigation and it is not practical for the complainant to file a complaint is so many countries. Considering the above issues, need of a policy to regulate filing and resolution of disputes was required and thus the policy was framed.
Scope of the Policy
The policy states the following: 1. Types of disputes that can be entertained 2. Factors considered by Arbitrator while dealing with the case. 3. Grounds of complaints. 4. Procedure to file complaint 5. Fees 6. Correspondence methods 7. Other related procedure 8. The terms of the INDRP states that registrant to opt for arbitration proceedings to resolve the disputes/ complaints received by the Registry for any abusive registration.
Applicability of the Policy
This Policy is applicable for. IN domain names which is the Country Code Top Level Domain for India and is regulated by the .IN Registry, an autonomous body established by NIXI for regulation and registration of .IN Domain Names.
Grounds for filing Complaint
The following grounds are considered to be valid for filing a complaint: 1. The registrants domain name is identical or confusingly similar to the name, trademark or service mark in which the complainant has the rights 2. The registrant has no rights or interest in respect of domain names 3. The registrant has registered or is using the domain name in bad faith
Factors considered by Arbitrator
The following factors are considered to be domain name registered in bad faith: 1. When the purpose of obtaining domain name registration is for selling, renting or transferring the registration to the owner of the trademark, to a competitor of the complainant. 2. To prevent the owner of the trademark or service mark from using the mark in correspondence with the domain name, provided the registrant has engaged in pattern of such conduct 3. Intentional attempt to attract internet users or traffic to his website or online platforms to create likelihood of confusion with regards to the source, sponsorship of the registrant’s website or product or service listed on the website.
Advantages of INDRP
- Mandatory implementation of all arbitration awards
- Transparent procedure as all disputes, decisions, case status, statistics and full description of the decision are uploaded in the .IN Registry.
- Fair and Effective dispute resolution Procedure.
- Rights of the legitimate trademark owners are protected.
Instances of transfer of domain names after referring the dispute through INDRP are
1. www.pizzahut.in 2. www.gmail.com 3. www.starbucks.co.in 4. www.nescafe.co.in