All domain registrations and disputes relating to .in domains are regulated by the .IN Registry. .IN registry is a part of the Nation Internet Exchange of India (NIXI) which is a not-for-profit organisation facilitating exchange of domestic Internet traffic.
IN Domain Name Dispute Resolution Policy (INDRP) lays down the rules and regulations (Dispute Resolution Policy and Rules of Procedure) for resolving disputes arising out of registration and use of the .in domain name.
In case of domain name disputes concerning the .in domain, a request for arbitration may be made by providing details regarding the complainant, respondent, disputed domain name, grounds for complaint, remedies sought and details of other legal proceedings or actions, if any and payment of requisite fee.
The official fees to file a complaint with the INDRP would include administration fees (INR 10000) and arbitrator fees (INR 20000) and personal hearing fees (INR 2000), if any.
If the complaint is in order, it will be sent to the respondent and an arbitration panel will be appointed within 5 working days of receipt of complaint or removal of objections, as the case may be.
The arbitrator is required to review submissions of both parties and if required, appoint a hearing and then pass an award on the merits of the case. An award is generally passed within 60 days of commencement of proceedings and under exceptional circumstances it can be extended by a period of 30 days. Settlement between the parties during the proceedings shall be permitted by the arbitrator, if the parties so desire.
An appeal may be filed in any Court authorized to hear an appeal against the award passed by the arbitrator within 90 days from the date of the award. There is no second appeal in such cases, however, this doesn’t bar the right of the aggrieved party to approach the Supreme Court.
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Editorial Staff
Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam.
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