Some practise questions about INDRP and Indian court

Domaindia

New Member
1. How to know the date until that Response to Complaint should be send? How many days the Respondent has for answer?

2. Where to find the form (if it exists) that Respondent should fill for creating the Response?

3. By what way the Response should be send to Panelist and Complainant, by usual post or by e-mail only?

4. Your recommendations how to protect the right to domain in INDRP procedure? What cases should read first of all and what Complaints was denied?

5. If desicion in INDRP procedure is final or is not?
If not then where (what country) possible the court if domain owner and registrar company are not from India?

If domain owner has any chanses to protect the right to domain in Indian court if he is not from India?

Thanks for your answers in advanse.
 

Jeff

Administrator
Staff member
Country flag
Welcome to INForum Domaindia!

We`ve got an article about the INDRP here:
Indian Domain Law – Interview with Pravin Anand : INForum.in Blog

and an article about the process here:
INDRP Process : INForum.in Blog

Regarding #1, I believe that the arbitrator decides this when appointed.

Regarding #5, there is an appeal process under the Arbitration Act to the Delhi High Court.

Not sure the answers to #2 and #3.

Regarding #4, you can review past cases at:
http://www.inforum.in/legal-issues-dispute/

Here`s one case where the respondent won:
http://www.inforum.in/legal-issues-dispute/4741-respondent-wins-indrp-case-chiesi.html

I think the main thing you`d want to focus on showing is good faith registration and use of the domain name.
 

Domaindia

New Member
Hello, Jeff.

Thanks for your answer and links. I have read this forum before to open new thread here and found much interesting information. This site is very useful I think. So I decided to register at your forum.

Was chiesi.in only case in INDRP when complaint was denied? It is interesting that the Respondend didn't answer anything, he had many domains (and his activity was to sell them) but arbitrator decided that domain should not be transfered.

About Delhi High Court it is interesting to know if it is possible to send them the response by post or is not. Or if it is hard to find indian advocate and how much it may be cost?

In fact I see that there are some difference between INDRP and UDRP although as I understand they both based upon Paris convention. So it is not enough to know only the rules of UDRP for protecting the right to domain and in INDRP procedure too.
 
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