FAQ On INDRP

1. What is INDRP?

The National Internet eXchange of India (NIXI) and the.IN registry have implemented the .IN Domain Name Dispute Resolution Policy (INDRP). The said Policy sets forth the terms and conditions which shall govern any or all disputes in connection with .IN or .Bharat (Available in all Indian Languages) domain name. The disputes regarding domain names also fall within the framework of IPR laws or Intellectual Property Laws, while also overlapping with Trademark Laws in India. INDRP provides the policy and legal framework as well for dispute resolution and settlement pertaining to domain names that utilize the.in code, such as amazon.in.

This article, by our expert team of IPR Lawyers, discusses the idea of filing an INDRP complaint, including when to file it, how to file it, and what grounds are available. The international norms laid down by World Intellectual Property Organisation (WIPO) as well as the regulations provided under the Information Technology Act of 2000 were followed in the drafting of the INDRP. Domain names with the.IN or .Bharat code at the end, like amazon.in or apple.in, are subject to the INDRP’s jurisdiction.

2. What is a complaint filed under INDRP and when should such a complaint be filed?

An INDRP complaint is a complaint made in accordance with the INDRP guidelines against a domain name that violates Intellectual Property Rights, especially trademarks and ends with .in.

For instance, if some third party has registered the infringing domain name www.astonmartin.in or www.astinmartin.in and you own a website with the trademark “aston martin” and even a registered domain name with that trademark, such as www.astonmartin.com, you can file an INDRP complaint to have the infringing domain name cancelled or transferred to your name. Hence, having a registered trademark in India or ensuring trademark registration in India of your brand is imperative and in fact, helpful in enforcing your Intellectual Property Rights via an INDRP complaint.

To put it another way, you should submit an INDRP Complaint if someone registers a domain name that is confusingly close, deceptively similar to and/or identical to your registered trademark with the aim to deceive and no valid use for the name. It is easier to enforce your Intellectual Property Rights via an INDRP complaint if the third party is using the infringing domain name for identical / cognate goods or services in India, thereby increasing the chances of deception and confusion in the minds of public and trade alike.

3. What are the grounds on which an INDRP complain can be filed?

The grounds for initiating an INDRP complaint are outlined in paragraph 4 of the INDRP policy/rules, which include the following:

• The name that you hold rights to or your mark (trademark or service mark) should be identical to or confusingly similar to the registered domain name.
• The registrant will not have any rights or legitimate interests in the registered domain name.
• The registrant ought to have registered the domain name in bad faith.

4. What is the applicable Procedure for complying with the INDRP’s dispute resolution process:

• Complaint must be filed through an online form alongwith any supporting documentation to NIXI.
• The person who feels wronged or its designated representative must provide a power of attorney with the complaint.
• The complaint (without including any supporting documentation or evidence) should not exceed 5000 words.
• The entire number of supporting documents or evidence cannot be more than 100 pages.
• The Registry will select an Arbitrator from its roster of registered arbitrators within five days of receiving the complaint.
• Only at the request of one or both parties are personal hearings held. Teleconferences and video conferences are part of the in-person hearing.
• No more than two hearings are permitted.
• The registry is responsible for notifying the parties of the arbitrator’s decision within five working days of the arbitrator’s award being made.

5. What is the detailed process or what happens after filing the complaint?

Following is a gist of the procedure carried out by the .IN Registry upon filing of the complaint under INDRP:

• Examination of complaint:

The Registrar will determine if the complaint filed under INDRP satisfies all conditions outlined in the procedure regulations. If so, the complaint advances to the subsequent round of appointment of Arbitrator. If not, the complainant receives the complaint back to make any necessary corrections and submit it once again.

• Selection of an Arbitrator

The Registry will appoint an Arbitrator from its list of registered arbitrators within five days of receiving the corrected / modified complaint, after removing all objections.

• Awarded a certificate

Upon appointment, the Arbitrator will hear both the parties and examine the complaint as well as any reply to the same alongwith any relevant documents. Thereafter, the Arbitrator will be required to pass an Award on the complaint within Sixty Days (60), which shall be binding on both the parties. However, the Arbitrator may request a Thirty Days (30) extension for passing of the Award from the Registry, however, the same shall be effectuated only upon explaining special circumstances.

• Sharing of the Award / decision:

The Registry is responsible for notifying both the Parties of the final decision / Award passed by the Arbitrator within Five (5) working days of the passing of the Arbitrator’s award. It is to be specified that the said Award shall be binding on both the parties.

6. What are the applicable Rules to be followed?

As mentioned hereinabove, the .IN Registry has released the .IN Dispute Resolution Policy (INDRP). It has been prepared and notified in compliance with the relevant sections of the Information Technology Act 2000 as well as international standards prescribed by WIPO. It is imperative that all disputing parties thoroughly review the following two documents:

• The INDRP (Index Dispute Resolution Policy): It offers several justifications for initiating an INDRP complaint, along with examples of those justifications and the parties’ available remedies.

Procedure Guidelines for the INDRP: These guidelines specify the costs, communications, and other processes that will be adhered to, as well as how to submit and respond to complaints.