DIFFERENCES BETWEEN UDRP AND INDRP IN INDIA
- INDRP deals only
with domain names registered and used in the .in Internet Domain
name, while UDRP deals with disputes arising out of the registration
of any domain name.
- INDRP does not lay down the
circumstances when a domain name will be cancelled, transferred
or changed, while, UDRP recognizes threecircumstances when
the domain name will be cancelled transferred or changed, which are
receipt of written or appropriate electronic instructions from
Registrant or his authorized agent to take such action;
receipt of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action; and/or
receipt of a decision of an Administrative Panel requiring such action in
any administrative proceeding to which the Registrant was a party and
which was conducted under UDRP.
- Under the UDRP,
the Complainant in each case selects the Provider, from the list of
providers, who will administer the proceedings while under the INDRP, the
.IN Registry will appoint an Arbitrator, from the list of arbitrators, to
conduct the proceedings.
- The Rules of
Procedure govern the process of initiating and conducting the proceeding
and for appointing panel under the UDRP, while under the .INDRP the
Arbitrator has to conduct the proceedings in accordance with the
Arbitration and Conciliation Act, 1996.
- The UDRP, makes
an exception to the general rule that all the fees charged in connection
to a dispute are payable by the Complainant. It provides that if the
Administrative Panel is expanded, then, all the costs arising out of the
dispute would be split evenly by the Registrant and Complainant. However,
the INDRP provides that all fees with regard to the dispute are to be paid
by the Complainant.
- Proceedings under the UDRP does
not exclude the parties from submitting the dispute before a Court of
competent Jurisdiction before the proceeding under the Policy is commenced
or after such proceeding is concluded, while no such provision is laid
down in the INDRP.