By Carla Monintja
Using the internet is an inseparable activity in our modern life. Internet offers us so many things like information, online social life, and also online shopping in the simplest way. Speaking about online shopping, most of us must have experienced some online shopping for fashionable clothing, electronical products, foods, collectible stuffs and etc. Yes, ready or not, we are now in the sophisticated e-commerce era, where shopping and other commercial activities will be done in just a click away.
Online merchants, who do e-commerce, will surely need an identity, to differentiate from other online merchants. Domain name is the identity for e-commerce. The domain name for online shops is akin to the signage of a physical shop. Every country has their own regulations on Domain Names. What is the domain name regulation in Indonesia? Let’s find out…
On 29 December 2006, the Indonesian Government together with the Indonesian internet communities established Indonesian Internet Domain Name Management (“PANDI” or Pengelola Nama Domain Internet Indonesia) PANDI was established to manage the .id domain names.
Through PANDI we can file registration of our domain names in Indonesia. Currently, PANDI is working with 12 registrars, i.e. companies or organizations that receive domain name registrations. PANDI’s registrars are supervised and accredited very strictly by PANDI.
Unfortunately, where there are domain names, there will be mis-use of domain names. Cybersquatting is the situation where your brand name is misused by a certain party; the party uses and registers your brand name as his/her domain name. Cyber squatter, who registers of domain names that are similar or identical to brand names, usually will sell the domain names back to the rightful owner at a very high price.
PANDI in this case, can handle the cybersquatting cases. PANDI has a particular section that is called Domain Name Dispute Settlement or Penyelesaian Perselisihan Nama Domain (“PPND”). PPND is an independent section of PANDI with duties and functions to handle manage and resolve all kinds of Domain Name disputes related to domain .id. PPND offers dispute settlement with arbitration basis, without complicated litigation in Court. PPND allows trademark holders to file assignment or cancelation of Domain Names that violate their trademarks registrations without litigation in Court. PPNB also allows any parties to file cancellation of domain names that are considered to violate the public policy in Indonesia.
To file a complaint on Domain Name to PPNB, a party needs to identify:
- The disputed Domain Name;
- Registrant of the Domain Name;
- Registrar where the Domain Name is registered; and
- Background of the objection.
As for the complaints which are related to a registered mark, a party needs to provide the following evidences,
- The Domain Name is similar or identical with the registered marks;
- The registrant is considered to be misusing the Domain Name; and
- The registered Domain Name is used in bad faith.
As for the complaints which are related to the violation of public policy in Indonesia, the Applicant needs to prove:
- The incompatibility of the Domain Name against the public policy.
- The violation of the Domain Name against the applicable laws.
For securing your business, filing a trademark registration is very important. Just as important in this digital age is for you to secure your domain name and ensure your domain names are not mis-used by third parties.
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