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 domain name
3. The Registrant’s domain name has been registered or is being used in bad faith.