As far as proceedings for domain name
dispute is concerned, it is very difficult and cumbersome to ascertain the jurisdiction
as internet is a global medium. A proceeding will have to be initiated in every
country where country code top level domain (ccTLD) is registered. Also as the cost
of registering a domain name is extremely low in comparison to the cost of litigation,
the traditional court proceedings are not always practical for the domain
name dispute resolution.
Because of aforementioned factors the .IN Dispute Resolution Policy (INDRP) was
formulated by the .IN Registry for the domain name dispute resolution in India.
The .INDRP claims to be in line with internationally accepted guidelines and relevant
provisions of the Indian Information Technology Act 2000. The INDRP is available
for complaints regarding any domain name within the “.in” ccTLD and the decision
of the same is made binding under the Arbitration and Conciliation Act 1996 of India.
The .INDRP has over the years proved to be cost and time efficient in comparison
to the court proceedings.
The INDRP is a policy which is applicable for .in domain names.
.in’ is the country code Top Level Domain (ccTLD) for India and is administered
by INRegistry which is an autonomous body under the National Internet Exchange of
India (NIXI). Registration for .in Domain Names are done not by the INRegistry but
by accredited Registrars who have been appointed for this purpose. Anyone can register
a .in domain name and not necessarily an Indian, or a body incorporated in India.
“.in” domain name disputes are resolved in accordance with the .IN Dispute Resolution
Policy (INDRP) and the INDRP Rules of Procedure
The Terms of the INDRP requires the registrant to submit to a mandatory arbitration
proceeding relating to complaints received by the IN Registry over abusive registration
of the domain name.
The INDRP outlines the types of disputes that can be brought & the criteria
that will be considered by the arbitrators.
The arbitrator usually considers the domain name registered and used in bad faith
in circumstances when:
• the registrant has acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the registration to the owner of the trademark
or service mark, or to a competitor of the complainant, for valuable consideration
in excess of the registrant’s documented out-of-pocket costs directly related to
the domain name; or
• the registrant has registered the domain name in order to prevent the owner of
the trademark or service mark from reflecting the mark in a corresponding domain
name, provided that the registrant has engaged in a pattern of such conduct; or
• the registrant has intentionally attempted to attract Internet users to his website
or other online location, by creating a likelihood of confusion with the complainant’s
name or mark as to the source, sponsorship, affiliation, or endorsement of the registrant’s
website or of a product or service on the registrant’s website.
The INDRP Rules of Procedure describe:
1. How to file a complaint
2. How to respond to a complaint
3. The fees
4. Communications, and
5. Other procedures.
Grounds for filing complaint
A complaint can be filed with the .IN Registry on the following grounds
1. The Registrant's domain name is identical or confusingly similar to a
name, trademark or service mark in which the complainant has rights
2. The Registrant has no rights or legitimate interests in respect of the
3. The Registrant's domain name has been registered or is being used in bad faith.