UDRP AND INDRP IN INDIA- DIFFERENCE
- INDRP deals only with domain names registered and used in the .in Internet Domain name, while UDRP deals with disputes arising out of the registration of any domain name.
- INDRP does not lay down the circumstances when a domain name will be cancelled, transferred or changed, while, UDRP recognizes three circumstances when the domain name will be cancelled transferred or changed, which are as follows:
- on receipt of written or appropriate electronic instructions from Registrant or his authorized agent to take such action;
- on receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
- upon receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which the Registrant was a party and which was conducted under UDRP.
- Under the UDRP, the Complainant in each case selects the Provider, from the list of providers, who will administer the proceedings while under the INDRP, the .IN Registry will appoint an Arbitrator, from the list of arbitrators, to conduct the proceedings.
- The Rules of Procedure govern the process of initiating and conducting the proceeding and for appointing panel under the UDRP, while under the .INDRP the Arbitrator has to conduct the proceedings in accordance with the Arbitration and Conciliation Act, 1996.
- The UDRP, makes an exception to the general rule that all the fees charged in connection to a dispute are payable by the Complainant. It provides that if the Administrative Panel is expanded, then, all the costs arising out of the dispute would be split evenly by the Registrant and Complainant. However, the INDRP provides that all fees with regard to the dispute are to be paid by the Complainant.
- Proceedings under the UDRP does not exclude the parties from submitting the dispute before a Court of competent Jurisdiction before the proceeding under the Policy is commenced or after such proceeding is concluded, while no such provision is laid down in the INDRP.