INDRP (.IN Domain Name Dispute Resolution Policy) Frequently Asked Questions (FAQs) !
Q 1. How a Domain Name holder/registrant is liable under INDRP (.IN Domain Name Dispute Resolution Policy) ?
INDRP very clearly reads under clause 4 as: “The Registrant is required to submit to a mandatory Arbitration proceeding in the event that a Complainant files a complaint to the .IN Registry, in compliance with this Policy and Rules thereunder”. That is, as soon as you register
That is, as soon as you register an .IN Domain Name you become liable under INDRP for any complaint filed against the Domain Name.
Q 2. Have you received a notice of INDRP Domain Dispute proceedings initiated / complaint filed against you?
The INDRP Domain Dispute proceedings start with the issue of a notice by the INDRP Arbitrator, which provides for the timeline in which response is to be submitted. In case, you choose not to respond to this domain name dispute, your domain name may be transferred to the Complainant, canceled, or changed pursuant to the .IN Domain Name Dispute Resolution Policy. Contact here for further help !
Q 3. What are the duties of Domain Name Registrant ?
In addition to providing correct WHOIS and making lawful use of the Domain Name, clause 3 of the INDRP provides “to the Registrant’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;”, that is, a duty has been cast upon the Domain Name registrant to make sure that Domain Name does not violate any existing Trademark.
Therefore, before registering a Domain Name, it is suggested to do the Trademark search of the database of Intellectual Property India here.
Q 4. What are the grounds for making a Domain Name Dispute complaint under the .IN Domain Name Dispute Policy (INDRP)?
Clause 4 of the INDRP provides that any Person who considers that a registered domain name conflicts with his legitimate rights or interests may file a Complaint to the .IN Registry on the following premises:
(i) the Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
(ii) the Registrant has no rights or legitimate interests in respect of the domain name; and
(iii) the Registrant’s domain name has been registered or is being used in bad faith.
It is pertinent to note, that the Complainant needs to satisfy all the three conditions in order to be successful in an INDRP proceedings.
Q 5. What law is applicable to INDRP proceedings?
INDRP proceedings are conducted in accordance with IN Domain Name Dispute Policy, INDRP Rules of Procedure and Arbitration and Conciliation Act, 1996. Wherein the panelist (in UDRP) is referred to as an Arbitrator under INDRP policy.
Q 6. How is INDRP different from UDRP proceedings for gTLDs?
The main conditions to be satisfied remain the same, but the following are the difference between the two:
a) INDRP covers Indian ccTlds, whereas UDRP covers gTLDs.
b) INDRP proceedings are regulated by Arbitration and Conciliation Act, 1996 in addition to the INDRP policy, whereas UDRP is covered by WIPO’s Uniform Domain Name Dispute Policy and rules thereunder.
c) Costs can be imposed in case of INDRP policy in addition to the transfer of the Domain Name, whereas no such provision is available under UDRP policy as to costs.
d) An injunction can be brought in a High Court against an INDRP decision within 90 days of the decision, whereas UDRP provides for 10 days time from the date of the decision.
Q 7. Can a penalty or costs be imposed on Domain Name Holder?
Yes, clause 10 of the IN Domain Name Dispute Policy (INDRP) provides that “Costs as may be deemed fit may also be awarded by the Arbitrator“. That is, it has been left to the discretion of an INDRP arbitrator presiding over the matter to award costs (or not) in addition to the transfer/cancellation of Domain Name, though in the majority of the cases, no costs are awarded.
Q 8. How much Penalty/Costs can be imposed on Domain Holder, if Domain Name found to be held in violation of Policy?
Mainly documented costs are awarded but in very rarest of cases, costs up to Rs 10 Lakhs have been awarded by INDRP Arbitrators. That is, it is quite risky to hold a trademark based .IN Domain Name.
Q 9. What are the remedies available to the Domain Name holder, if he feels aggrieved by the Domain Dispute Decision, passed under INDRP?
.IN Domain Dispute decision is implemented 90 days after the date of the decision, within which the aggrieved party can move the High Court of appropriate jurisdiction for an injunction.
For any further query as to INDRP, please fill up the form here for professional help!