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Domain Name Laws
INDRP
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.IN DOMAIN NAMES AND INDRP(.IN DISPUTE RESOLUTION POLICY)

 

India's top level domain is ".in". The sunrise period for the ".in" domains was from 1st January, 2005 to 21st January, 2005. During this period owners of registered Indian Trademarks or service marks were given an opportunity to apply for ".in" domains. The booking was opened to the public from 16th February, 2005. IN Registry is the official ".in" registry. IN Registry is operated under the authority of NIXI (National Internet eXchange of India) NIXI is a not-for-profit company registered under section 25 of the Indian Companies Act.

 

NIXI has been set up to facilitate improved Internet services in India. IN Registry has the following responsibilities:

1. maintaining the "in" top level domain

2. ensuring the operational stability, reliability, and security of ".in"

3. implementing Government of India policies

 

Registrations are handled by .IN Registry accredited registrars.

 

1. National Informatics Centre is the registrar for gov.in domains

2. ERNET is the registrar for res.in and ac.in domains

3. Ministry of Defence is the registrar for mil.in domains

 

The .IN Domain Name Dispute Resolution Policy (INDRP)

 

The ".IN Domain Name Dispute Resolution Policy" (INDRP) sets out the terms and conditions to resolve a dispute between the Registrant and the Complainant, arising out of the registration and use of a ".in" Internet Domain Name. Registrant is a holder of the .in Internet domain name. Complainant is the person who has complaint against the Registrant.

 

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.

 

The basic procedure for the dispute resolution is:

 

1. TO SEEK REMEDIES

 

The Complainant files the complaint with the .IN Registry and pays the relevant fees.

 

The Complainant can ask for

 

a. cancellation of the Registrant's domain name or

b. transfer of the domain name registration to the Complainant

 

2. The .IN Registry appoints an Arbitrator out of the list of arbitrators maintained by it.

 

3. The Arbitrator conducts the arbitration proceedings in accordance with the Arbitration & Conciliation Act 1996 and the IDRP and IDRP Policy and Rules. The Registrant is required to submit to the mandatory arbitration proceeding.

 

4. The Arbitrator decides on the complaint. All decisions under this Policy are published in full over the Internet.

Excerpts from the INDRP Rules

 

The ".in Domain Name Dispute Resolution Policy Rules" (INDRP Rules) describe the following: how to file a complaint, how to respond to a complaint, the fees, communications other procedures.

 

Following are the requirements which are to be incorporated in the complaint:

 

  • Details of Name, postal and e-mail addresses, and the telephone and facsimile numbers of the Complainant.

  •  

  • Name of the Respondent and all information (including any postal and e-mail addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Respondent including contact information based on any pre-Complaint dealings, to allow the .IN Registry to send the Complaint to the Respondent.

  •  

  • The domain name which is the subject of the Complaint;

  •  

  • Details of Registrant of Domain Name

  •  

  • The trademark(s) or service mark(s) on which the Complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used. Also other goods and services with which complainant intends, at the time the complaint is submitted, to use the mark in the future;

  •  

  • The grounds on which the Complaint is made including, in particular,

    • The manner in which the domain name in question is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

    • Why the Respondent should be considered as having no rights or legitimate interests in respect of the domain name that is the subject of the Complaint; and

    • Why the domain name in question should be considered as having been registered and being used in bad faith.

  • The remedies sought;

  • Details of any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name that is the subject of the Complaint;

  • All documentary or other evidence, including a copy of the Policy applicable to the domain name in dispute and any trademark or service mark registration upon which the Complaint relies, together with a schedule indexing such evidence.

  • Prescribed fee through Cheque / draft (in favour of 'NATIONAL INTERNET EXCHANGE OF INDIA')

 

 

Notification of complaint

 

The procedure followed by the .IN Registry on receipt of the complaint is as under:

 

  • If the complaint is in accordance with the policy and rules, it will be forwarded to the respondent within 3 working days. .IN Registry sends the complaint to all postal, facsimile and email addresses shown in the domain name's registration data through .IN Registry's WHOIS database at www.registry.in

  • If the complaint is not in accordance with the policy and rules, the deficiencies will be notified to the complainant within 3 working days. The complainant must correct the deficiencies in 5 working days.

  • The .IN Registry then appoints an arbitrator from the list of arbitrators.

  • The complaint and documents are forwarded to the respondent and the arbitrator for adjudicating (in accordance with the Arbitration and Conciliation Act 1996, rules thereunder, and the Dispute Resolution Policy & rules).

  • Within 3 days from the receipt of the complaint the Arbitrator issues a notice to the Respondent. The date of commencement of the arbitration proceeding is the date on which the Arbitrator issues this notice to the respondent.

  • The Arbitrator must pass a reasoned award (within 60 days) and put forward a copy of it immediately to the complainant, respondent and the .IN Registry.

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