.IN Domain Name Dispute Resolution Policy (INDRP)
.IN Domain Name Dispute Resolution Policy (INDRP)
This INDRP (the “Policy”) has been adopted by NIXI, is incorporated by reference to the Registry Accreditation Agreement (RAA), and 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.
- Arbitral Tribunal means an Arbitrator appointed for determining a particular dispute or difference
- Arbitrator refers to experts who have expertise on Computer literacy/Judicial proceedings/ skills and Laws; possess a high sense of professional ethics and are capable of rendering independent and unbiased decisions in domain name disputes.
- Panel means the Panel of Arbitrators maintained by the .IN Registry.
- Arbitral Award refers to the decision of an Arbitral Tribunal
- Act means the Arbitration and Conciliation Act, 1996, amended as per the Arbitration and Conciliation (Amendment) Act, 2019 and any amendment thereof.
- Complaint means an official objection made by a Complainant against the Registrant in terms of INDRP and its rules.
- Complainant refers to the person/party who initiates complaint against the Registrant.
- .IN Registry: Wherever used in this policy and the rules hereunder .IN Registry refers to National Internet Exchange of India (NIXI), a company registered under Section 25 of the Companies Act, 1956 (now Section 8 under Companies Act,2013).
- "Party" means a party to an arbitration. It shall include any individual, partnership firm, company, institution, organization, or any other legal entity.
- "Rules" means the Rules and procedure set put by the INDRP/.IN Registry.
- Registrar shall mean a domain name Registrar who is duly accredited with the .IN Registry pursuant to a Registrar Accreditation Agreement and is listed on the website of the .IN Registry, registry.in.
- Registrant is a holder of the .IN/.Bharat (Available in all Indian Languages) domain name.
- Words importing the singular number include, where the context admits or requires, the plural number and vice versa.
2. Purpose and Object
This .IN Domain Name Dispute Resolution Policy (the "Policy") sets out the legal framework for resolution of dispute(s) between a domain name Registrant and the Complainant, arising out of the registration and use of an .IN or .Bharat (Available in all Indian Languages) Domain Name.
3. Registrant's Representations
By applying to register a domain name, or by asking a Registrar to maintain or renew a domain name registration, the Registrant hereby represents and warrants that:
(a) the credentials furnished by the Registrant for registration of Domain Name are complete and accurate;
(b) to the knowledge of Registrant, 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 and malafide purpose; and
(d) the Registrant will not knowingly use the domain name in violation or abuse of any applicable laws or regulations. It is the sole responsibility of the Registrant to determine whether their domain name registration infringes or violates someone else's rights.
4. Class of Disputes
Any Person who considers that a registered domain name conflicts with his/her legitimate rights or interests may file a Complaint to the .IN Registry on the following premises:
(a) the Registrant's domain name is identical and/or confusingly similar to a Name, Trademark or Service Mark etc. in which the Complainant has rights; and
(b) the Registrant has no rights or legitimate interests in respect of the domain name; and
(c) the Registrant's domain name has been registered or is being used either in bad faith or for illegal/unlawful purpose.
5.Dispute Resolution Process
The .IN Registry shall appoint an Arbitrator from the list of empanelled Arbitrators maintained by the Registry. The List of the Arbitrators shall be published on line by the .IN Registry on its website at www.registry.in. The Arbitrator shall conduct the Arbitration Proceedings in accordance with the Arbitration & Conciliation Act, 1996 amended as per the Arbitration & Conciliation (Amendment) Act, 2019(as amended upto date) read with the Arbitration & Conciliation Rules as well as the INDRP Policy and Rules, as amended from time to time.
6 . Registrant's Rights and Legitimate Interests in the Domain Name
Any of the following circumstances, in particular but without limitation, if found by the Arbitrator to be proved based on its evaluation of all evidences presented before him, shall demonstrate the Registrant's rights to or legitimate interests in the domain name for the purposes of Clause 4(b):
(a) before any notice to the Registrant of the dispute, the Registrant's use of, or demonstrable preparations to use the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services;
(b) the Registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if the Registrant has acquired no Trademark or Service Mark rights; or
(c) the Registrant is making a legitimate non-commercial or fair use of the domain name, without the intention of commercial gain by misleadingly or diverting consumers or to tarnish the Trademark or Service Mark at issue.
7.Evidence of Registration and use of Domain Name in Bad Faith
For the purposes of Clause 4(c), the following circumstances, in particular but without limitation, if found by the Arbitrator to be present, shall be evidence of the Registration and use of a domain name in bad faith:
(a) circumstances indicating that the Registrant has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant, who bears the name or is the owner of the Trademark or Service Mark, or to a competitor of that Complainant, for valuable consideration in excess of the Registrant's documented out-of-pocket costs directly related to the domain name; or
(b) the Registrant has registered the domain name in order to prevent the owner of the Trademark or Service Mark from reflecting the mark in a corresponding domain name, provided that the Registrant has engaged in a pattern of such conduct; or
(c) by using the domain name, the Registrant has intentionally attempted to attract Internet users to the Registrant's website or other on-line location, by creating a likelihood of confusion with the Complainant's name or mark as to the source, sponsorship, affiliation, or endorsement of the Registrant's website or location or of a product or service on the Registrant's website or location; or
(d) The Registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor.
Except as otherwise stated in this policy or the Rules hereunder, all fees and legal proceeding expenses charged by the .IN Registry in connection with any dispute pursuant to this Policy shall be paid by the Complainant.
9. Role of NIXI or .IN Registry in Arbitration Proceedings and Exclusion of Liability
NIXI or .IN Registry will not participate in the administration or conduct of any Arbitral Proceeding and will remain neutral to the Arbitration Proceedings. In addition, NIXI or .IN Registry will not be liable to either Party for any act or omission in connection with any Arbitration Proceedings under these Policy/Rules or for the result of any decisions rendered in the Arbitration proceedings.
No party shall implead NIXI or .IN Registry or its Registrar as a party in any legal proceeding either before any Court of Law or any Tribunal. In the event that NIXI or .IN Registry is impleaded in any such legal proceeding, NIXI or .IN Registry reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.
10. INDEMNITY AND LIMITATION OF LIABILITY
- The Registrants/Complainants (the “Indemnifying Party”) agrees to indemnify against and in respect of any loss, liability or damage (including reasonable Attorney’s fees, as incurred) incurred or sustained by the NIXI, .IN Registry, Registrar and the Arbitrators (the “Indemnified Party”) as result of any breach of the terms of this Policy, and any gross negligence, negligent failure to act, misfeasance, bad faith or wilful misconduct/ default by the indemnifying party with respect to the actions contemplated by this policies. In no event shall the Indemnified Party’s liability at any point in time exceed the Fee paid by the indemnifying party to the Indemnified party at such point of time.
- The NIXI, .IN Registry, Registrar, Arbitration Committee/Tribunal and its officers shall not be liable in any case for any act or omission in whatever capacity they may have acted in connection with or in relation to an Arbitration proceeding under these Rules.
- No party shall bring or prosecute any suit or proceedings whatsoever against the NIXI, .IN Registry, Registrar, Arbitration Committee/Tribunal and its officers or any member thereof, for or in respect of any matter or thing purporting to be done under these Rules nor any suit or proceedings in respect thereof (save for enforcement of the award) against the other party.
The remedies available to a Complainant pursuant to any proceeding before an Arbitrator shall be limited to praying for the cancellation of the Registrant's domain name or the transfer of the Registrant's domain name registration to the Complainant. Costs as may be deemed fit may also be awarded by the Arbitrator. However, the implementation of such award of cost will not be supervised or controlled by .IN Registry.
12.Execution of Award
The Registrar shall duly execute the award as and when directed by NIXI/ .IN Registry in terms of governing provisions of Law. In events if the Registrar fails to implement the award or directions of NIXI / .IN Registry in absence of a justifiable ground(s), NIXI / .IN Registry shall execute the award by itself.
13.Notification and Publication
All decisions under this Policy at NIXI’s discretion may be published in full on the website of registrywww.registry.in., except in cases when an Arbitrator decides to edit portions of his decision.
The Registry shall not transfer a domain name registration to either party in existence of below mentioned event:
(a) During a pending Arbitration proceedings concerning the domain name unless a settlement is reached out between the Parties; or
(b) In case an Arbitration proceeding is concluded pursuant to this policy, for a period of Ninety (90) days from date of passing of such award;
(c) In event where an award of transfer of domain is challenged by either party, till the pendency of such proceedings.
In case there is a breach or violation of these governing rules, the Registry reserves the right to cancel any transfer of a domain name.
The Government of India reserves the right to add, delete, amend or modify this Policy (and the rules framed hereunder) at any point of time. The revised policy shall be posted on the website of the registry at www.registry.in at least Fifteen (15) calendar days before it becomes effective. The complaints submitted prior to the date of implementation of the revised policy would be entertained and decided in accordance with the policy in force at the time of filing of such Complaint. However, any or all complaints filed on or after the effective date of revised policy shall be governed/dealt in compliance to the revised policy. The Registrants shall be bound by the terms and conditions of the Policy, Rules, Guidelines, Bylaws framed by the .IN Registry from time to time.
16.Policy for .IN or BHARAT (Available in all Indian Languages) IDN:
This policy (INDRP) shall be applicable to all/any disputes relating to .IN or .BHARAT (Available in all Indian Languages) IDN’s in any of the other Indian Languages. Domains under .IN or BHARAT (Available in all Indian Languages) IDN’s in any of the other Indian Languages must confirm the provisions under INDRP and the Rules of Procedure laid out therein.
17.Jurisdiction: Any or all disputes shall be subject to the Indian laws; and subject to the foregoing, the Courts at Delhi shall have exclusive jurisdiction as the Seat of Arbitration shall be at Delhi of all Arbitration Proceedings.