By Fahrul S Yusuf and Mohammad K Bratawijaya
Registration of a domain name in Indonesia is administered on a first-come, first-served basis. The process, which is straightforward, is initiated by the domain name user submitting an application along with the required supporting documents to the domain name registrar. The domain name registration process shall not take more than five business days after a completed domain name registration is submitted and received by the domain name organizer. A non-resident can file a domain name registration application after going through the evaluation process to confirm that the foreign application complies with the administrative and financial requirements to be eligible for an Indonesian domain name.
There are no additional rights vested to domain name users, except for the right of domain name users to transfer the domain name registration to another domain name user.
According to Ministry of Communication and Information (MOCI) Regulation No. 23 of 2013 on the Management of Domain Names (Domain Name Regulation), an international holder of a trademark that has been registered in Indonesia is entitled to register, use, and benefit from the Indonesian domain name. The registration of a domain name by such international trademarked organization shall be done through an Indonesian entity by way of power of attorney.
The Domain Name Regulation does not require submission of a trademark license to register a domain name. Although that is the case, in practice, valid evidence of trademark ownership is helpful as a supporting document when a registrar receives two applications for registration that contain similar domain names. Submitting such a trademark license is also helpful in deciding which of the two applications will be deemed a \"pirate‚Äù registration.
Domain name disputes in Indonesia should be settled through the Indonesian Internet Domain Name Administrator (PANDI), which derives its authority to settle such disputes from the Domain Name Dispute Resolution (PPND). The Indonesian Electronic Transaction Regulation defines \"domain dispute‚Äù as a situation in which one party\'s rights to a registered domain name have been breached by another party. However, this does not include disputes involving the content of a domain or the management of domain names. In other words, not all domain name disputes can be settled through PANDI.
Reproduced with permission of Law Business Research Ltd. This article was first published in Lexology Getting the Deal Through - e-Commerce 2020 (Published: August 2019). For further information, please visit www.gettingthedealthrough.com.
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