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REGISTRAR'S INVOLVEMENT IN DISPUTE RESOLUTION IN INDIA

 

INDIAN IP LAWS

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Registration in India
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It is interesting to note that the .IN Registry and the Registrars are not allowed to participate in the domain name dispute resolution proceedings in any capacity other than providing the information relevant to the registration and use of the domain name upon the request of the Arbitrator. The Registry and the Registrar are not liable for any decisions rendered by an Arbitrator.

 

The remedies available to the complainant include the cancellation of the registrant's domain name or the transfer of domain name registration to the complainant. Costs, if deemed fit, may also be awarded by the Arbitrator.

 

The registrant is prohibited from transferring the domain name registration to another holder in case arbitration proceeding is initiated for a period of fifteen working days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name, unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.

 

The .INDRP though developed on the lines of the Uniform Dispute Resolution Policy, differs significantly from the latter. While .INDRP deals only with domain names registered and used in the .in Internet Domain name, it is the generic top level domain name and some of the counties which have agreed to be governed by UDRP. The complainant has the authority to select the Provider who will then administer the proceedings like WIPO, NAF etc; the .IN Registry appoints the arbitrator for the same. The .INDRP does not deal with consolidation. Under the UDRP, however, where there are a multiple disputes between the Registrant and Complainant, either party may petition to consolidate the disputes before a single Administrative Panel.

 

For more information on Domain Name Registrar's Involvement in Dispute Resolution in India please write to us at: info@ssrana.com

 

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