The National Internet Exchange of India (NIXI) has notified certain changes to the INDRP Rules of Procedure. The new policy is aimed at streamlining the INDRP process, making it easier for rights holders to protect and enforce their rights against unauthorized registration of .in domains or .in domain squatting. While this appears to have been brought about as a result of the COVID-19 pandemic and the subsequent transition to digital modes of communication, it is nevertheless a welcome change that will bring much cheer to applicants and attorneys alike.
Some of the important changes as notified by NIXI are mentioned below:
- Soft copies are sufficient
Perhaps the single most important change is the removal of the requirement to send physical copies of the complaint along with supporting Annexures (in triplicate!). NIXI has now allowed for the complaint, along with the Power of Attorney to be filed electronically. Complainants may simply send an email to legal@nixi.in attaching the Complaint and the Power of Attorney.
This is a very welcome change, particularly where the Complainant is a foreign entity. Earlier, Indian counsels representing such entities would often have to wait a few weeks for the delivery of the original Power of Attorney in order to file the Complaint. This will allow genuine rights holders more speedy access to dispute resolution.
- Electronic payment
This is another welcome change. The payment of the official fee towards INDRP complaints may now be made through electronic bank transfer. Earlier, complainants had to either issue a cheque or DD in favour of NIXI, which obviously delayed the speed at which complaints could be filed. The NEFT details for NIXI are given below:
| Beneficiary A/c Name | : | National Internet Exchange of India |
| Beneficiary A/c No | : | 10914175946 |
| Bank Name & Branch | : | State Bank of India, 40-41, Bakshi House, Nehru Place, New- Delhi-110019 |
| IFSC Code | : | SBIN0004688 |
| MICR Code | : | 110002086 |
Details of the bank transfer are required to be sent to NIXI along with the electronic copies of the Complaint and the Power of Attorney.
- Limits on size of Complaint and Annexures
NIXI has now imposed limits on the size of the Complaint and Annexures. The Complaint cannot exceed 5,000 words for all pleadings individually (excluding Annexures). Annexures cannot exceed 100 pages in total. While the Arbitrator has been granted some discretion to allow documents larger than these limits, we would recommend adhering to the limits stated so as to ensure that no objections are raised. While it appears that this rule has been brought in so as to keep file sizes small, this is not as positive a change as the earlier two ones mentioned above as some Complainants may be affected by being unable to submit as much evidence as they might have wished to.
- Service of the Complaint to the Arbitrator
NIXI has now stated that once the INDRP has been approved to comply with all procedural requirements and formalities, the Complainant must forward a copy of the approved complaint to the Arbitrator within 2 working days of such approval being received from NIXI. While this requirement is explicitly mentioned in the new INDRP Rules of Procedure, we have observed NIXI forwarding the copy to the Arbitrator themselves. We would therefore recommend that if the Complaint is not forwarded to the Arbitrator within one day of approval being granted, the Complainant may forward the Complaint themselves in order to ensure that
- Service of the Complaint on the Respondent
NIXI has now also raised a new requirement that in addition to forwarding a copy to the Arbitrator, the complainant must also send both hard copy and soft copy of the complaint with annexures to the respondent(s), and provide proof of such service to all parties (Respondent, NIXI, and the Arbitrator).
It should be pointed out that this new requirement may cause some delay in the processing of complaints; however, at the same time, giving Complainants the ability to serve the Respondents may also speed up the process as the Complainants would have the most incentive to serve the Respondents at the earliest possible time.
The full revised INDRP Rules of Procedure can be seen on NIXI’s website.
On the whole, the changes introduced to the Rules of Procedure are very welcome and will allow for a speedier and more efficient dispute resolution process under the INDRP.
