Category Archives: Domain Name Protection Law In India

Domain Name Dispute Resolution Service Providers In India

Domain name dispute resolution in India is no more an ignored area. As individuals and organisations are becoming aware of the importance of domain name, they are protecting their domain names by all means.

In the Indian context, we do not have a dedicated domain name protection law. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) suggest enactment of a dedicated domain name protection law for India.

Naturally, in these circumstances, domain name dispute resolution services in India are still evolving. Perry4Law has launched certain techno legal initiatives in this regard that are of public importance. These initiatives basically cover areas like trainings and education, techno legal disputes resolution, e-courts consultancy and training centre of India, online dispute resolution services in India, techno legal centre of excellence for online dispute resolution (ODR) in India (TLCEODRI), etc.

Perry4Law’s Organisation has launched few more techno legal dispute resolution initiatives. These include initiatives named electronic courts, e-judiciary, ODR India, online arbitration, etc.

These initiatives also cover domain name disputes resolution, establishment and maintenance of e-courts in India and abroad, managing legal aspects of new GTLDs, etc. With this disputes pertaining to technology, domain names, cross border commercial transactions, etc could be resolved in a speedier and cost effective manner. We hope all stakeholders would find these initiatives useful.

Source: Techno Legal Online Dispute Resolution Services

Dispute Resolution Of Cross Border Technology Transactions

Dispute Resolution in Cross Border Technology Transactions is an area that has tremendous potential. There are diverse natures of Information and Communication Technology (ICT) related disputes that can be effective solved using Alternative Dispute Resolution (ADR) or Online Dispute Resolution Mechanisms.

However, the crucial question is whether India is ready for Dispute Resolution of Cross Border Technology Transactions and E-Commerce Transactions? I am not talking about use of traditional Litigation Methods for the same. Of course, they are sufficient to resolve these Technology Related Disputes. What I am discussing here is use of ADR and ODR by Individual Panelists and Institutional Arbitration Institutions of India.

The present ODR Regime of India is facing severe Legal Roadblocks. We have neither Legal Framework nor Technical Expertise to engage in high profile and highly technical Technological Disputes. We have no Domain Name Protection Law in India and even Cyber Squatting cases are decided under the Indian Trademark Act, 1999. Even Institutional Arbitration Framework has not been adequately developed by India to resolve such disputes.

Even Domain Name Dispute Resolution in India through ODR is not very popular in the absence of International Harmonisation of ODR Framework. International Harmonisation of ODR is required that is presently governed by different sets of Rules and Procedures.

Just like Uniform Domain Name Dispute Resolution Policy (UDRP) is a Standard for resolving Domain Name Disputes, similar Standards and Norms must be established for all Technology Related Disputes resolvable by using ODR mechanism. Institutions like WIPO, United Nations Commission on International Trade Law (UNCITRAL), etc must think and work in this direction. We must also either amend the Indian Trademark Act, 1999 or enact a separate Cyber Squatting Law of India.

With a pro active approach at both National and International Levels, Technology related disputes can be effectively and economically resolved. We at Perry4Law and Perry4Law Techno Legal Base (PTLB) are working in this direction. Collectively, the exclusive E-Courts Training and Consultancy Centre of India manage the issues of ADR, ODR, E-Courts, Domain Name Dispute Resolution in India, etc.

We hope our initiatives would prove useful to all concerned, especially to WIPO and UNCITRAL.

Source: Techno Legal Online Dispute Resolution Services