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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.

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Daru LukiantonoPrimastuti Purnamasari

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