.IN Domain Name Dispute Resolution Policy (INDRP) is administered by .IN Registry and is dealt in accordance with Arbitration and Conciliation Act 1996 and the Rules of Procedure / INDR Policy.
Firstly, under clause 3 of INDRP, the Domain Registrant is suppose to represent and warrant that:
(a) the statements that the Registrant made in the Registrant’s Application Form for Registration of Domain Name are complete and accurate;
(b) to the Registrant’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
(c) the Registrant is not registering the domain name for an unlawful purpose; and
(d) the Registrant will not knowingly use the domain name in violation of any applicable laws or regulations.
It is the Registrant’s responsibility to determine whether the Registrant’s domain name registration infringes or violates someone else’s rights.
Further, under clause 4, the complaint under the policy can be made under the following conditions,that need to be proved:
4. Types of Disputes
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.
While the UDRP and INDRP are almost similar, when it comes to conditions, more details of which have been discussed under UDRP section. But there are some differences between UNDRP and INDRP policy otherwise.
- UDRP deals with major TLDs like .com, .net, .org, .biz and so on. While INDRP deals Indian ccTLDs, which includes .in, .co.in, .net.in and so on.
- UDRP Proceedings are governed by the UDRP Policy and rules thereunder, whereas INDRP Proceedings are mainly governed by The Arbitration and Conciliation Act, 1996 in terms of INDRP Rules.
- Remedy – Under UDRP, no Penalty can be imposed on the Domain Name owner but only transfer or cancellation of Domain Name. While under INDRP, penalty in the form of documented costs can additionally be ordered by the Arbitrator.
- Injunction can be brought against the UDRP decision within 10 days time either at the location of Registrar’s principal office or at Registrant’s location. There are no specific provisions under INDRP but an action can be brought against the decision as per the provisions of Arbitration Law.
More information as to new cases filed and some important decisions, can be located at INDRP.com