Indonesia: Domain name disputes in relation to trade marks
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Indonesia: Domain name disputes in relation to trade marks

The Indonesian Domain Name Registry (PANDI) recently established a dispute settlement forum for the country code top-level domain (ccTLD) .id. The forum is called Penyelesaian Perselisihan Nama Domain or Domain Name Dispute Resolution Forum (PPND). The purpose of PPND is to provide an alternative to District Court civil claims for dispute settlement related to the .id ccTLD.

When initiating a domain name dispute proceeding in relation to trade marks, a trade mark owner is required to demonstrate that (i) the registrant's domain name is identical and/or confusingly similar to a mark owned by the trade mark owner concerned; (ii) the registrant has no rights and/or legitimate interests in the domain name; and (iii) the domain name has been registered or is being used in bad faith by the registrant. These three elements must be fulfilled for the trade mark owner to prevail.

If a dispute over the same trade mark is proceeding between the trade mark owner and the domain name registrant at the Commercial Court, this should be settled before initiating a domain name dispute proceeding, since the rights and/or legitimate interest in the domain name or the trade mark concerned must be decided first.

To initiate PPND proceedings, the trade mark owner must submit a complaint to the PPND by filing its objection, which consists of (a) the domain name in dispute; (b) details of the registrant; (c) the trade mark, including the specification of goods/services it covers, which is identical or confusingly similar to the disputed domain name; (d) the arguments of objection (maximum 3,000 words); (e) the name and details of the trade mark owner or its proxy; (f) the name and details of the registrant; (g) a statement from the trade mark owner which states that "the trade mark owner agrees that the objection in relation to the disputed domain name is addressed to the registrant (the holder of the domain name), and not to the Indonesian Domain Name Registry, the Panelists and the Registrar".

The registrant has the right to submit a response within 21 days of receiving the complaint. The PPND panel will then consider the complaint and issue a decision within 21 days of receiving the complaint and the response.

The panel's decision must be announced to the public within seven days of it being made. The panel may declare that the domain name registration is transferred, cancelled, changed, or not changed. The registrar must execute the panel's decision within 21 days after receiving the decision with respect to PANDI Guidelines on Domain Name Registration. Decisions of the PPND are not binding on courts, as the parties still have the right to bring their dispute to the District Court even if the claim is the same.

Lukiantono_Daru
Purnamasari_Primastuti

Daru Lukiantono

Primastuti Purnamasari


Hadiputranto, Hadinoto & PartnersThe Indonesia Stock Exchange Building, Tower II, 21st FloorSudirman Central Business DistrictJl. Jendral Sudirman Kav 52-53Jakarta 12190, IndonesiaTel: +62 21 2960 8888Fax: +62 21 2960 8999www.hhp.co.id

more from across site and ros bottom lb

More from across our site

An intimate understanding of a client’s sector is essential to winning new business, a survey of over 28,000 corporate counsel reveals
Counsel say a Federal Circuit ruling on the obviousness test for design patents may increase the time IP owners spend defending their rights
While the INTA Annual Meeting is over for another year, here are a few things Managing IP learned after attending IP’s biggest party
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Four sources reveal which tools they have been using – or building – to help them with a range of tasks from invention generation to claim sufficiency
Managing IP reveals Wednesday's highlights, including a discussion on how AI is helping lawyers improve their "gut instinct" trademark decisions
Managing IP reveals Tuesday’s highlights, including an illuminating discussion celebrating women in the workplace and the challenges that remain
Dana Northcott, INTA’s 2024 president and associate general counsel for Amazon's IP team, talks about her work for the association
Managing IP reveals highlights from the INTA Annual Meeting, including law firms’ diversity and ESG concerns and a new beginning for a Chinese firm
Firms with a broad geographic reach are more likely to win work, especially from global companies with high turnovers, according to survey data of nearly 29,000 corporate counsel
Gift this article