1. Sunrise Period
The Indonesia Internet Domain Name Registry (PANDI) will launch Top Level Domain name “.id” in Indonesia on January 20, 2013. PANDI will open the priority for companies that have trademark certificates to register domain .id in Indonesia. This period named as Sunrise period, this period will start from 20 January – 17 April 2014. If the trademark owners want to register their trademark as domain .id, PANDI requires that the domain name that will be registered must very similar with their trademark certificates. Applicants must upload their trademark certificates to PANDI site, then PANDI will process and validate their domain. id applications.
IP Consultants in Indonesia will assist the trademark owners from outside Indonesia to register their domain .id to PANDI. The requirements to register domain .id for trademark owners from outside Indonesia are :
1. Copy of Indonesian trademark certificate or copy of Indonesian trademark application form.
2. Power of Attorney (POA).
The minimum requirements to register the trademark as domain .id at least have 5 characters. If the applicants want to register the domain .id that less than 5 characters, they should to make a special requests to Pandi by writing notifications. Further, PANDI will examinate those requests, and if the examination results approved by PANDI, PANDI will give permission to register their domain .id in Indonesia.
Registering trademark especially for well-known trademark and famous trademark as domain.id is very important in Indonesia to protect trademark from Cybersquatting. According to the United States Federal Law known as the Anticybersquatting Consumer Protection Act, Cybersquattingis registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price. [1]
2. The Principle of Protecting Domain Name in Indonesia
According to Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions at Article 23 (1) any state administrator, person, business entity, and/or the public shall be entitled to hold Domain Names on a first applicant principle basis.
Elucidation of Article 23 Section (1) : Domain Names shall be addresses or identity of state administrators, Persons, Business Entities and/or the public obtained on a first applicant principle basis(first-come, first served). The first applicant principle in Domain Name policy is different from one in the field of Intellectual Property Rights in that no substantive examination is required while it is in the registration of trademarks and patents.
(2) Holding and use of Domain Names as intended by section (1) must be on the basis of good faith, nonviolation of fair business competition, and noninfringement of the rights of other Persons.
Elucidation of Article 23 Section (2) :
“Infringement of the rights of other Persons” means, for example, infringement of registered trademarks, registered names of legal entities, names of famous Persons, and the like, in sum, detrimental to other Persons.
(3) Any state administrator, Person, Business Entity, or the public damaged by other Persons’ unauthorized use of Domain Names shall be entitled to lodge a claim for canceling such Domain Names.
Elucidation of Article 23 Section (3) : “Unauthorized use of Domain Names” means registration and use of Domain Names only aimed at inhibiting or preventing other Persons to use a name which is intuitively their proper name or product names, or cashing in on the reputation of famous or well-known Persons, or misleading consumers.
3. The Period after Sunrise
After Sunrise period, PANDI will launch Grandfather period that will start from 21 April – 13 June 2014 to give the priority to the owners of existing second level domain name .id (co.id, web.id, ac.id, net.id, etc). After launching the Grandfather period, PANDI will launch Landrush period that will start from 16 June – 15 August 2014 to give priority to all Indonesian citizens and entities register their names. And the last, PANDI will launch period of General Availability which is after 17 August 2014, registration system will be opened to public based on first come first served.
During the Sunrise, Grandfather and Landrush periods, if there are similar domain names, PANDI will give registration based on the highest bidder of acquisition cost.
*All costs are subject to 10% VAT.
# Progressive discounts available.
Our maintenance fee per annual is USD 200.
We can assist you in filing your domain names, should you/your clients are interested in registering “.id”. Please do not hesitate to contact us.
Source :
[1]. en.wikipedia.org/wiki/Cybersquatting
Keyword :
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Am Badar & Partners
JL Wahid Hasyim No 14, Jakarta 10340, Indonesia
Tel: +62 21 398 37314
or +62 21 398 37315
info@ambadar.co.id
www.ambadar.co.id
Written By :
Agus Candra Suratmaja, S.P
Strategic Management Staff of Am Badar & Partners
