Comments on: Indian Domain Law – Interview with Pravin Anand http://inforum.in/blog/2008/05/14/indian-domain-law/ All about Indian Domain Names Wed, 18 Jan 2012 13:00:06 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: camilaron http://inforum.in/blog/2008/05/14/indian-domain-law/comment-page-1/#comment-16372 camilaron Mon, 01 Nov 2010 06:32:12 +0000 http://inforum.in/blog/2008/05/14/indian-domain-law/#comment-16372 Since the INDRP relies heavily on the Arbitration Act 1996 and Indian Evidence Act 1897, the rules as to procedure differ slightly from URDP. INDRP pleadings are required to be more detailed then URDP and make room for written statements and replications/rejoinders. Therefore INDRP Complaints more closely resemble Court pleadings than their international cousin. Another important difference between the UDRP and the INDRP is that under the UDRP, a Complainant can not be compensated by the cyber squatter upon winning the action. The WIPO UDRP powers extend only in so far as transferring the disputed domain name to the rightful party. However, NIXI has been innovative in dealing with cyber squatters and has begun awarding the victim companies/persons costs in order to deter cyber squatters. Since the INDRP relies heavily on the Arbitration Act 1996 and Indian Evidence Act 1897, the rules as to procedure differ slightly from URDP. INDRP pleadings are required to be more detailed then URDP and make room for written statements and replications/rejoinders. Therefore INDRP Complaints more closely resemble Court pleadings than their international cousin.

Another important difference between the UDRP and the INDRP is that under the UDRP, a Complainant can not be compensated by the cyber squatter upon winning the action. The WIPO UDRP powers extend only in so far as transferring the disputed domain name to the rightful party. However, NIXI has been innovative in dealing with cyber squatters and has begun awarding the victim companies/persons costs in order to deter cyber squatters.

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