This article has been written by Ms. Shaheen Ansari of MKES College of Law.
INTRODUCTION:
Imagined your start-up started last month and achieved its first target. Later after one year your start-up is listed under unicorn start-up. After this, your company has created the identity in the market and with respect to this your goodwill has been grown. Suddenly you get to know after a few months your domain is infringe by some hacker, who is using it bad faith. You have been advised by your company legal counsel rather going for litigation, better is to opt for arbitration.
MEANING:
Arbitration: The simple meaning of the Arbitration is getting the legal battle over with alternate dispute resolution. The Arbitrator resolve a dispute between party. This is not a time-consuming process.
Domain name: Domain name can be seen as worldwide because as it available on the internet. Organisation using a domain name to identify from the other organisation, for getting the distinct image.
DEFINITION:
According to the International Arbitration:
“Arbitration is a dispute resolution process agreed between parties in which the dispute is submitted to one or more arbitrators who issue an award. It is an alternative dispute resolution (ADR) mechanism because it allows the parties to resolve their dispute outside of State courts, i.e., without litigation.”
According to Techopedia: “A domain name is an Internet resource name that is universally understood by Web servers and online organizations and provides all pertinent destination information. To access an organization’s Web-based services, website users must know the precise domain name.”
ROLE OF ARBITRATION IN RESOLVING THE DOMAIN NAME DISPUTE IN INDIA.
- WIPO: With the help of WIPO Arbitration and mediation centre the domain name dispute can be easily resolved. WIPO is one of the largest organisations who deals with resolving dispute matter. It has effective and efficient arbitrator network.
WIPO is less time-consuming dispute solving method because it takes maximum 2 months to resolve the dispute. It is approachable at world level as it has 171 permanent member including India.
- ICANN: International Corporation for Assigned Names and Numbers was established in 1998. ICANN is one of the best institutes to manged well all dispute related to domain name. It is very efficient, effective, less time consuming and money saving method to solve the domain related dispute.
It not only resolves the domain issues but it also protect the IP related issues. If anyone has any concerned with their domain related issues, then one can sign with the ICANN through registrar. These Registrars are authorised with the aid of ICAAN. For example, Go Daddy is one such Registrar.
- National Arbitration Bodies: In India, I.T related crimes comes under Information Technology Act, 2000. The Crimes such as, cyber fraud, hacking, identity theft, catfishing, phishing, etc. In India there no such law who protect the domain name related issues, but under Trademark Act, domain name related issues are included. It is considered ad if domain name is infringed, then it is equal to trademark infringement.
- .IN Dispute Resolution Policy: It basically deals with the issue related to cybercrimes. According National Internet Exchange of India, INDRP considered as an autonomous body, it has core responsibility of maintenance and ensuring the continuity, reliability and security of the .IN Country Code Top Level Domain (CCTLP). INDRP considered any person right or interest has been affected by the domain name under the Paragraph 4 of INDRP on the grounds that:
- the Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which he has rights;
- the registrant has no rights or legitimate interests in respect of the domain name, and
- the Registrant’s domain name has been registered or is being used in bad faith.
CASE LAW:
Starbucks Corporation VS Mohan raj:
In this case law, domain name dispute arises, here the complainant domain registered as www.starbucks.in and respondent domain registered as www.starbucks.co.in. Here the arbitrator held that the respondent had registered domain name in the bad faith and also domain name should be transferred to the complainant.
CONCLUSION:
It is nit wrong to say that Today Era is a Tech Era. If someone wants to start a company they are definitely going for online path, for this there will be a need of Domain name. Several times, it is possible that there might be chance of domain infringement. So, on an obvious note there will be a legal battle. If party going to opt for the litigation, so it may lead to time-consuming. Arbitrator plays an important role to resolve the dispute between the party, they are not only efficient to solve the problem but this method save the money, cost and time.
REFERENCE:
- https://blog.ipleaders.in/use-of-arbitration-to-resolve-domain-name-disputes/#National_arbitration_bodies
- https://ssrana.in/ip-laws/domain-names-india/indrp-domain-name-dispute-india/#:~:text=The%20INDRP%20is%20available%20for,comparison%20to%20the%20court%20proceedings.
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