20 Domain Name Protection In India In This Year

The it act does not deal with the domain name issues.
Domain name protection in india. The only one organization that protects domain name as trademark or services is icann internet corporation for assigned names and numbers. A registered and a protected domain name protects the business from its duplicates or any unauthorized use. In india the domain name infringement cases are dealt with according to the trademark law.
The court in an. The protection of domain name under the indian legal system is standing on a higher footing as compared to a simple recognition of right under the udndr policy. The protection of domain name under the indian legal system is standing on a higher footing as compared to a simple recognition of right under the udndr policy.
Praveen dalal the aim of this article is to analyse the protection available to domain name holders under the laws of india. Provided that the proposed domain name fulfils all requirements to be properly registered under the indian trademark law. Justice through electronic governance.
As per the information technology act 2000 and the information technology intermediary guidelines rules 2011 an indian domain registrar who is accredited to icann and operating in india is an intermediary and it is required to follow cyber law due diligence. The domain name protection in india must be free from icann s influence. In india domain names may be granted protection as a trademark or service mark under the provisions of trademarks act 1999 hereinafter referred to as the act provided that the domain.
The article further explores how the protection provided by the indian laws is strongest in the world. The issue concerning protection of domain names came up before the supreme court of india in the case of satyam infoway ltd. A special reference of the information technology act 2000 has been made to provide an.
A trademark or a service mark of your domain name helps to protect your identity and it also establishes exclusive rights for the business. The ramification of the trademarks act 1999 are much wider and capable of conferring the strongest protection to the domain names in the world. Praveen dalal the aim of this article is to analyse the use of information technology by the apex court for the purposes of delivering justice in its true and practical perspective.