Domain Name Dispute In India
The indrp claims to be in line with internationally accepted guidelines and relevant provisions of the indian information technology act 2000.
Domain name dispute in india. Naturally in these circumstances domain name dispute resolution services in india are still evolving. In dispute resolution policy in response to these issues the in dispute resolution policy indrp was formulated by the in registry for the domain name dispute resolution in india. Whereas a large number of trademarks containing the same name can comfortably co exist because they are associated with different products belong to business in different jurisdictions etc the distinctive nature of. Indrp in domain name dispute resolution policy in india.
Domain names have become more and more valuable and the potential for dispute is high. Perry4law has launched certain techno legal initiatives in this regard that are of public importance. In india the domain name can be grated protection under the provisions of trademark act 1999 and the registration is granted only when the domain name fulfill all requirements to be properly registered under the act. They may resort to the uniform domain name dispute resolution policy.
All domain name registrars must follow the icann s uniform domain name dispute resolution policy udrp indian legislation cybersquatting has been defined as an act of obtaining deceitful registration with an intent to trade the domain name to the legal owner of the name at a premium according to the court in the case of manish vij v. Domain name protection in india. These initiatives basically cover areas like trainings and education online disputes resolution e courts etc. Domain name dispute resolution in india with the advance of e commerce in india disputes relating to domain names are on the rise.
Persons aggrieved by the wrongful use of their domain names have the following two options to settle their dispute. As far as proceedings for domain name dispute is concerned it is very difficult and cumbersome to ascertain the jurisdiction as internet is a global medium. Including a copy of the policy applicable to the domain name in dispute and any trademark or service mark registration upon. A proceeding will have to be initiated in every country where country code top level domain cctld is registered.
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