Domain Names

Domain Names

Introduction

Domain names have acquired a considerable global attention in the last few years. Until recently, few people outside the technical community knew what a Domain Name was, much less how to obtain or use one. Within the dramatic expansion of the internet as the medium of choice for instant, global communications, may more people are aware that the domain names help users direct email traffic, located websites and establish an online identity.

Domain Names can also be used to send email. Whether you are sending business or personal communications you want to be certain that your message is directed to the intended address.

Domain name is an internet address identifying a computer site connected to the internet in the same way that a telephone number uniquely identifies a telephone line connected to the global telephone network. Therefore a domain names is no more than data, a reference point in computer database. No two organizations can have the same domain name and no two people can have the same telephone number.

Domain Name Registration in India

Registering a domain name does not automatically activate a website that displays when visitors enter your domain name into a Web browser. Registration of Domain Name is simple. Domain Name Registration is done by the registrars appointed by the .IN Registry, refers to the National Internet Exchange of India (NIXI), to register a domain name, the registrant has to place a request online and the .in Domain Name is registered within the 24 hours as per the guidelines established by the Government.

INDRP (.IN Domain Name Dispute Resolution Policy)

The INDRP is a policy which is applicable for .in domain names. The .IN Domain Name Dispute Resolution Policy sets out the terms and conditions to resolve a dispute between the Registrant and the Complainant, arising out of the registration and use of the .in Internet Domain Name.

Grounds for filing a complaint in .IN Registry;

The registrants name should be identical or confusing to a name, trademark or service mark.

Basic procedure for the dispute resolution:

  • The complainant fillies the complaint with the .IN Registry and pay fees. The complaint can be for the cancellation of the Registrants domain name or transfer of domain name.
  • The .IN Registry appoints an Arbitrator
  • The Arbitrator conduct the Arbitration proceedings in accordance with the Arbitration and Conciliation Act 1996 and the IRDP policy and rules
  • The Arbitrator decides on complaint for the procedure of Domain Name Resolution and the complaint in accordance to dispute click here

Domain Name Resolution Procedure: (INDRP)

The Complaint in accordance to dispute to the .IN Registry, the Complaint should be addressed to .IN Registry, c/o NIXI (National Internet exchange of India),

Regd. Off.: Flat No. 6B, 6th Floor, Uppals M6 Plaza,
Jasola District Centre, New Delhi-110025

Or any other address that may be published on the Registry’s website from time to time. A separate Complaint is required to be filed for dispute relating to each domain name.

Notification of Complaint

  • The .IN Registry shall on receipt of the prescribed fees, forward the Complaint to the Respondent, within three working days.
  • If the .IN Registry finds the Complaint to be not in accordance with the Dispute Resolution Policy, it shall within three working days notify the Complainant of the deficiencies identified. The Complainant shall have five working days within which to correct any such deficiencies, failing with the arbitration proceeding.
  • The .IN Registry on receipt of the complaint after correction of the deficiencies shall appoint an arbitrator from the list of arbitrators and forward the Complaint and documents.
  • The date of commencement of the arbitration proceeding shall be the date on which the Arbitrator issues notice to the Respondent.

Appointment of the Arbitrator

  • The .IN Registry shall appoint, within five (5) working days following receipt of the Complaint after removal of objections if any. The fees shall be paid entirely by the Complainant.
  • Once the arbitrator is appointed the .IN Registry shall notify the parties of the Arbitrator appointed.
  • The award shall be passed within 60 days from the date of commencement of arbitration proceeding. In exception, the period may be extended by the Arbitrator maximum for 30 days.
  • To maintain the transparency in the proceedings Arbitrator shall ensure that copies of all documents, replies, rejoinders, applications, orders passed from time to time be forwarded to .IN Registry.

Language of the Arbitration Proceedings

The language of the arbitration proceedings shall be English.

Communication Between Parties and the Arbitrator

All communications between a Party and the Arbitrator or between a Party and the .IN Registry shall be made in the manner prescribed in these Rules of Procedure.

Hearings

There shall be no in-person hearings (including hearings by teleconference, video conference, and web conference), unless the Arbitrator determines it so in exceptional case.

Decision of Arbitrator

The Arbitrator shall forward its decision on the Complaint to the .IN Registry within Sixty calendar days of commencement of the Arbitration Proceedings. An Arbitrator’s decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name of the Arbitrator.

Communication of Decision to Parties

Within five (5) working days after receiving the decision from the Arbitrator, the .IN Registry shall communicate the decision to each Party.

INDRP Vs. UDRP

INDRP covers Indian ccTLDs (Country Code TOP Level Domains)

UDRP covers Indian gTLDs (Generic TOP Level Domains)

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 Dispute Policy and rules.

Injunction can be brought in High Court against INDRP decisions, where as UDRP provides 10 days from the date of decision.

A separate Complaint is required to be filed for dispute relating to each domain name in INDRP and all the fees charged in connection to a dispute are payable by the complainant whereas, in UDRP makes an exception to the general rule all the fee charged in connection to a dispute are payable by the complainant.

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