Indonesia Welcomes The New Domain: anything.id
After series of discussions, PANDI, Indonesia Internet Domain Name Registry has officially launched the new domain anything.id on January 15, 2014. The new domain allows the use of a Top Level Domain .id without priory being downgraded to a Second Level Domain, such as those currently in use in Indonesia (co.id; biz.id; or.id; go.id, etc.) each dedicated to a certain user or agency respectively.
This new domain .id is available to all Indonesian nationals and local companies, inlcuding foreign entities with a legal representative in Indonesia or foreign trademark owners, whose trademarks are registered in Indonesia.
Following its launching, the new domain anything.id is now open for registration. Registration is open in four stages:
- Sunrise (January 20, 2014 – April 17, 2014)
Sunrise is the first registration stage, giving trademark owners, whose marks have been granted for registration at the DGIPR, the privilege to register its domain .id. under the condition that the domain name used is exactly the same as the associated registration of marks.
This is an important period for owners of registered marks as their failure to register their corresponding domain name during this three month period, would be accounted as negligence at the time of dispute. Trademark owners are therefore, strongly encouraged to register their domain names, should they intend to do so.
- Grandfather (April 21, 2014 – June 13, 2014)
This period targets owners of all second level domain .id, which domain has been registered previously.
- Landrush (June 16, 2014 – August 15, 2014)
The landrush period is open to all Indonesian citizens, who are qualified domain name holders.
- General Availability (from August 17, 2014)
Registration of domain name is available to the general public, on a “first come – first served” basis.
The new domain .id is expected to offer greater security. Registrant is required to submit a valid Identity at the time of registering for the domain, and any use of the domain that is in breach of the Indonesian laws, such as for gambling and pornography, is strictly prohibited. And in cases where a domain is registered based on bad faith, i.e. cyber squatting, IPR infringement, and the like, ownership of such domain may be subject to revocation.
In Indonesia, there is no specific regulation on Domain Name. Provisions regarding Domain Name are stipulated in Government Regulation No. 82 of 2012 regarding Electronic System and Electronic Transaction, and owing to the strong relations between domain names and trademarks, Trademark Law is often referred to in disputes involving domain names.
In the case of disputes, for example, where a domain name is found to be the same or confusingly similar to a certain trademark owned by another party, or allegedly registered based on bad faith, settlement is available through ADR or litigation (civil or criminal). Additionally, PANDI, as a Registry in Indonesia has been mandated by the Government Regulation No. 82 of 2012 regarding Electronic System and Electronic Transaction to mediate the settlement of disputes particularly relating to the new domain .id. According to Its Policy, disputes are decided by a Panel, formed everytime a dispute arises, which consiss of experts and professionals based on whom deliberations and considerations, of either legal or technical aspects on the case are made.
The aforesaid Policy is issued with reference to the prevailing Policy and Regulations on Domain Names as adopted by ICANN. Regardless, it does not restrict the rights of the parties in dispute to pursue further legal action through civil proceedings at the court.
Should you wish to learn more on this matter, please do not hesitate to contact us at firstname.lastname@example.org.
*This update is aimed at keeping our clients and associates informed of any IPR-related update in the country. Although we have tried to ensure the accuracy of information contained therein, it should however not be relied upon for any purpose without prior formal legal advice.