
| Introduction to .in Dispute Resolution Policy |
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Similar to the Uniform Dispute Resolution Poicy (UDRP), which is applicable for the Generic Top Level Domain Name (gTLD); the INDRP is a policy which would be applicable for .in domain names. ‘.in’ is the country code Top Level Domain (ccTLD) for India and is administered by INRegistry which is an autonomous body under the National Internet Exchange of India (NIXI). Registration for .in Domain Names are done not by the INRegistry but by accredited Registrars who have been appointed for this purpose. Anyone can register an .in domain name and not necessarily by an Indian, or by a body incorporated in India. The INDRP is a policy between a registrar and the registrant and is included in the registration agreements for all INDRP-accredited registrars. A copy of the Policy is found here. Dispute Resolution The Terms of the INDRP requires the registrant to submit to a mandatory arbitration proceeding relating to compalints received by the INRegistry over abusive registration of the domain name. The INDRP shall be applicable for all complaints made by a third party (who is the complainant) against the registrant over the issues of arising out of the registration and use of the .in Internet Domain Name. The complainant 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. The grounds set out above and the administrative process is similar to that of the UDRP. The respondent registrant of the domain name would be served with a notice and he shall be asked to submit his response to the complaint. An arbitrator shall be appointed for resolving the dispute out of the The INDRP, similar to the UDRP, provides for the parallel approach of domain name dispute resolution. A complainant who considers that a registered domain name conflicts with his legitimate rights or interest may either file a complaint before the INRegistry or he can approach the civil court. An order of the Civil Court is binding on the parties to the dispute. The remedies available to a Complainant pursuant to any proceeding before an Arbitrator shall result in the cancellation of the Registrant's domain name or the transfer of the Registrant's domain name registration to the Complainant. No Party or anyone acting on its behalf may have any unilateral communication with an Arbitrator. All communications between a Party and the Arbitrator or between a Party and the .IN Registry should be made in the manner prescribed in these Rules of Procedure. The language of the arbitration proceedings is in English. Any documents submitted in a language other than English must be accompanied by a true copy of its translation in English. An Arbitrator decides a Complaint on the basis of the statements and documents submitted to it and in accordance with the Arbitration and Conciliation Act, 1996, Dispute Resolution Policy, the Rules of Procedure and any bye-laws, rules and guidelines framed there under and any law that the Arbitrator deems to be applicable. In the absence of exceptional circumstances as determined by the Arbitrator in its sole discretion, the Arbitrator forwards its decision on the Complaint to the .IN Registry within Sixty (60) calendar days of commencement of the Arbitration Proceedings. An Arbitrator’s decision is given 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. Within five (5) working days after receiving the decision from the Arbitrator, the .IN Registry will communicate the full text of the decision to each Party and also communicates to each Party, the date for the implementation of the decision. Domain Name Disputes India represents the complainant / respondent in drafting of the complaint/response for a proceeding before the INRegistry appointed arbitrators. |

.in (INDRP)