06 December 2013
The Indonesia Internet Domain Name Administrator (PANDI) says that they are drafting the newest regulation regarding the use of the ccTLD .id (known as “anything.id”) which will be finished and released at the beginning of 2014.
This regulation will enable every person to buy and use an internet domain bearing his own name or company or even trade mark or anything else with the suffix .id beside the popular worldwide gTLD .com.
At this moment, there are at least 11 second-level-domains (SLD) that can be used in .id: co.id, biz.id, web.id, my.id, or.id, sch.id, ac.id, desa.id, net.id, go.id, and mil.id.
The issuance of ccTLD “anything.id” will likely win a positive response from the public. PANDI informed the growth of the .id SLDs had reached 200% during 2011 to 2013 or about 150,000 domain names per year.
Unfortunately, the regulation regarding domain names is not in uniformity with the Indonesian Trade Mark Law. The registration of Indonesian domain names does not strictly require proof of trade mark ownership. On the other hand, the recent Law No 15 of 2001 does not regulate any explicit provision regarding domain names. Furthermore, it is not possible to initiate a UDRP procedure for an .id before WIPO.
Such situation have, of course, led numerous trade mark disputes to arise. The latest case reported was between eBay and the Indonesian entity CV Ebay Indonesia. eBay as the plaintiff pleaded that it was harmed by the unrightful registration of www.ebay.co.id by CV Ebay Indonesia.
Before filing the accusation, there were several meetings held between eBay and the defendant. eBay had the good faith to want to settle the case by buying the domain name. Nevertheless, the negotiation had been deadlocked by the unreasonable amount of money requested by CV Ebay Indonesia.
The case was filed with the General Court of Central Jakarta in June 2013 (number 299/PDT.G/2013/PN.JKT.PST) and is still in process.
Hopefully the Indonesian government and authorities will be able to compose an adequate regulation of the ccTLD “anything.id” and synchronise it with the Indonesian Trade Mark Law. Otherwise, it is advisable for trade mark owners to register their Indonesian domain name to protect their trade mark from fraudulent practices.
Rochmali Zultan, S.H
Head of Legal Am Badar & Partners
Am Badar & Partners
JL Wahid Hasyim No 14, Jakarta 10340, Indonesia
Tel: +62 21 398 37314
or +62 21 398 37315
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Source : http://www.managingip.com/IssueArticle/3282782/Archive/Indonesia-Get-ready-for-anythingid.html