.lupin New gTLD Application
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New gTLD Application Submitted to ICANN by: LUPIN LIMITED
Application Downloaded On: 28 Jul 2014
String: lupin
Application ID: 1-1325-70178
Applicant Information
- Full legal name
LUPIN LIMITED
- Address of the principal place of business
159, C.S.T., ROAD
KALINA, SANTACRUZ (E) MUMBAI, MAHARASHTRA - 400 098 IN
- Phone number
+91 22 66402323
- Fax number
+91 22 66402130
- If applicable, website or URL
http://www.lupinworld.com
Primary Contact
6(a). Name
Mayur Danait
6(b). Title
Chief Information Officer (CIO)
6(c). Address
6(d). Phone Number
+91 2266 402323
6(e). Fax Number
+91 2266 402130
6(f). Email Address
Secondary Contact
7(a). Name
Shamsher Gorawara
7(b). Title
Head – Corporate Communications
7(c). Address
7(d). Phone Number
+91 2266 402323
7(e). Fax Number
+91 22 66 402130
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Corporation, a Public Limited Company
8(b). State the specific national or other jurisdiction that defines the type of entity identified in 8(a).
Incorporated under the Companies Act, 1956, India
8(c). Attach evidence of the applicant's establishment.
Attachments are not displayed on this form.
9(a). If applying company is publicly traded, provide the exchange and symbol.
Bombay_Stock_Exchange / 500257
9(b). If the applying entity is a subsidiary, provide the parent company.
9(c). If the applying entity is a joint venture, list all joint venture partners.
Applicant Background
11(a). Name(s) and position(s) of all directors
Name
Position
- DESH BANDHU GUPTA CHAIRMAN
- KAMAL KISHORE SHARMA Vice Chairman
- KAMALAKSHA UGGAPPA MADA DIRECTOR
- VIJAY LAXMAN KELKAR DIRECTOR
Mr. Dileep C. Choksi DIRECTOR
- NILESH GUPTA Managing Director
- RAJENDRA AMBALAL SHAH DIRECTOR
- RICHARD ZAHN DIRECTOR
MRS. MANJU DESHBANDHU GUPTA EXECUTIVE DIRECTOR
MRS. VINITA GUPTA Chief Executive Officer
11(b). Name(s) and position(s) of all officers and partners
Name
Position
- RAJVARDHAN VISHNU SATAM COMPANY SECRETARY
- RAMESH SWAMINATHAN Chief Financial Officer
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
11(d). For an applying entity that does not have directors, officers, partners, or shareholders: Name(s) and position(s) of all individuals having legal or executive responsibility
Applied-for gTLD string
- Provide the applied-for gTLD string. If an IDN, provide the U-label.
lupin
14A. If applying for an IDN, provide the A-label (beginning with "xn--").
14B. If an IDN, provide the meaning, or restatement of the string in English, that is, a description of the literal meaning of the string in the opinion of the applicant.
14C1. If an IDN, provide the language of the label (in English).
14C2. If an IDN, provide the language of the label (as referenced by ISO-639-1).
14D1. If an IDN, provide the script of the label (in English).
14D2. If an IDN, provide the script of the label (as referenced by ISO 15924).
14E. If an IDN, list all code points contained in the U-label according to Unicode form.
15A. If an IDN, upload IDN tables for the proposed registry. An IDN table must include:
the applied-for gTLD string relevant to the tables,
the script or language designator (as defined in BCP 47),
table version number,
effective date (DD Month YYYY), and
contact name, email address, and phone number.
Submission of IDN tables in a standards-based format is encouraged.
15B. Describe the process used for development of the IDN tables submitted, including consultations and sources used.
15C. List any variants to the applied-for gTLD string according to the relevant IDN tables.
- Describe the applicant's efforts to ensure that there are no known operational or rendering problems concerning the applied-for gTLD string. If such issues are known, describe steps that will be taken to mitigate these issues in software and other applications.
The .lupin string and A-Label were developed in line with and checked against the eligibility, stability and policy criteria as stated in the ICANN Applicant Guidebook - version 2012-01-11. The results of those checks are as follows:
- The string has less than 63 characters;
- The string in ASCII is composed of three or more visually distinct characters;
- The ASCII label consists entirely of letters;
- The string is not a reserved name as shown in section 2.2.1.2.1 - Reserved Names of the ICANN Applicant Guidebook - version 2012-01-11; and
- .lupin is not identical or similar to any of the top 10 invalid TLD’s responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)’s report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .lupin has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .lupin will inherit significant invalid query traffic.
Due to the positive results of these checks, Lupin Limited does not believe that the .lupin gTLD will be subject to any operational or rendering problems.
- OPTIONAL.
Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).
18A. Describe the mission/purpose of your proposed gTLD.
THE MISSION AND PURPOSE OF THE NEW RESTRICTED .LUPIN gTLD IS TO BENEFIT INTERNET USERS BY ENSURING INCREASED TRUST AND CONFIDENCE THROUGH THE ELIMINATION OF USER CONFUSION AND ASSURANCE OF BRAND AUTHENTICITY.
The new .lupin gTLD will operate as a restricted registry, in which Lupin Limited (Lupin) can create and control domain spaces that promote its brand identity and authenticity. In this regard, the .lupin gTLD will be used by Lupin to provide information, services and resources to consumers in a way that promotes and builds trust; facilitates ease of access & use, and utility. The .lupin gTLD will provide an authoritative internet space for Lupin and, potentially, its affiliates and partners that are associated with the brand. Second and third level domains can then be utilised for personalised marketing and brand campaigning purposes, with internet users assured of brand authenticity.
Established in 1968, Lupin is an innovation led transnational pharmaceutical company producing a wide range of quality, affordable generic and branded formulations and APIs. The Company today has significant global presence in the Cardiovascular, Diabetology, Asthma, Pediatrics, CNS, GI, Anti-Infectives and NSAID space in addition to holding global leadership positions in the Anti-TB and Cephalosporin segments. Today, Lupin is the 5th largest and fastest growing generics player in the US (5.1% market share by prescriptions, IMS Health), the only Asian company to achieve that distinction. The company is also the fastest growing top 10 pharmaceutical player in India, Japan and South Africa (IMS Health). Headquartered in India, Lupin’s drugs and products reach over 100 countries in the world. . Lupin’s world class manufacturing facilities, spread across India and Japan, have played a critical role in enabling companies realise its global aspirations. Lupin is listed on the Bombay Stock Exchange and the National Stock Exchange of India. For the financial year ended March 2011, Lupinʹs Consolidated Revenues stood at INR Rs.57,068 Million (USD 1.28 Billion). Going forward, Lupin seeks to continue to focus on identifying and developing niche segments, a differentiated product portfolio in all its chosen markets backed up by strategic partnerships and in-licensing, and investment in new areas to build and consolidate on its position as a global pharmaceutical powerhouse. In this regard, consumer trust and continuous innovation remain paramount considerations in all of Lupin’s activities.
Business activities are increasingly conducted over the internet, allowing for greater levels of interaction between businesses and customers. As a result, both businesses and end users benefit from ease of interaction and a wider range of choices with lower transaction costs. However, rapid growth in penetration and progress in this area within the current domain name system has exposed both businesses and consumers to increased criminal activities over the internet, including access to authentic products & information, data breach, hacking and phishing. These sophisticated criminal activities cause reputational damage to businesses as internet users and customers at a larger level tend to lose confidence and trust with the businesses targeted by such criminal activities. The .lupin gTLD will facilitate greater trust and assurance from internet users connecting with Lupin online, whilst still allowing convenient and efficient interaction.
Lupin’s mission and purpose of the proposed new gTLD share ICANN’s initiatives to promote public interest. Lupin is committed to contribute towards achieving such initiatives in line with ICANN’s Affirmation of Commitments, which includes:
- consumer trust: the .lupin gTLD registry will be operated in a centralised manner with a restrictive registration policy. Registration of domain names will only be available to Lupin, at this stage, which will provide added consumer trust that .lupin domain names are trustworthy. As .lupin domain names are subject to registration standards, policies and procedures under Lupin’s control, this eliminates the possibility of malicious conduct within the .lupin domain space;
- competition: the proposed new gTLD is not intended to instigate competition and consumer choice at the level of registration of domain names among prospective registrants. Instead it is anticipated to contribute to ICANN’s initiatives to promote public interest through its operation focused on promoting consumer trust. Increased trust in the .lupin gTLD will drive existing and new top level domain (TLD) registry operators to make improvements in mechanisms to improve consumer trust of their TLDs; and
- consumer choice: the proposed new gTLD will enable user-driven improvements and innovations assisting Lupin’s marketing efforts through its ability to create new second and third level domain names on demand. These names will provide the consumers with more choices for interacting with Lupin. As Lupin has effective control over the registration and use of domain names under .lupin domain space, this will also contribute towards general service innovations on the internet.
Given the restricted nature of the .lupin gTLD, the projected number of registration is likely to be limited. It is anticipated that a more limited number of 5 domain names will be registered in the first year. However, over the next few years, the number of registrations is likely to increase to about 15 domain names as Lupin develops and implements new services and marketing campaigns.
Lupin intends to create relevant domain names for use including product, services or geographic names in the second or third level domain names. In accordance with registration policy and the proposed measures for protection of geographic names as outlined in response to Question 22, Lupin will use geographic names to localise its websites in the countries in which it operates, such as US, Australia and Japan. The use of geographic names is intended to:
- define and articulate Lupin’s presence in the national territory;
- connect internet users with relevant information as applicable to the territory; and
- comply with required rules and regulations in the national territory.
Lupin does not intend to utilise Internationalized Domain Names (IDNs) at the second level initially. However, as the use of the .lupin gTLD evolves, Lupin may wish to utilise IDNs to allow internet users to engage with .lupin in their native language, creating a more positive user experience and encouraging diversity.
Lupin is a well-recognised global pharmaceutical brand with its “Lupin” trademark registered by its subsidiaries such as Lupin (Europe) Ltd, UK, and Lupin Pharmaceuticals Inc., US, in 30 countries and territories including EU, US and India for classes such as Pharmaceuticals (Class 5); Medical apparatus (Class 10) and Medical, beauty & agricultural (Class 44). Lupin also has pending applications for “Lupin” to be trademarked in the same classes.
Lupin has an existing domain name with an exact match to the applied-for .lupin string and its “Lupin” trademark in lupin.co.in. Lupin and its subsidiaries also have 12 existing domain names containing the “Lupin” trademark in spaces such as lupinworld.com, lupinpharma.biz and lupinusa.com.
Lupin believes that the .lupin gTLD is unlikely to cause confusion with either a generic term or any existing TLDs. Lupin trademarks are a leading global pharmaceutical brand with significant reputation in various markets like India, US, Europe, Japan and Australia. In a recent High Court decision in Bombay, India, in 2011, the Court recognised that Lupin’s “Lupin” trademark is a well-known mark. Further, Lupin has used the term “Lupin” in conjunction with its pharmaceutical businesses for over 40 years. As such, the .lupin brand is a well-known brand.
18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
WHAT IS THE GOAL OF YOUR PROPOSED gTLD IN TERMS OF AREAS OF SPECIALTY, SERVICE LEVELS OR REPUTATION?
The key goals of the proposed new .lupin gTLD are in line with ICANN’s Affirmation of Commitments: to promote consumer trust, competition and consumer choice. Lupin also seeks to enhance its online identity and reputation as a trusted global pharmaceutical brand on the worldwide web. The new .lupin gTLD will also create and provide an authoritative internet space through which Lupin would be able to communicate with its customers and othey key audiences and stakeholders directly and effectively. Lupin seeks to use the .lupin domain space to disseminate pharmaceutical information to its global customers, creating a meaningful interaction with all of its stakeholders. Lupin also plans to introduce its other brands under the .lupin domain space. The ability to create domain names on demand related to specific marketing, specialty service and product development supports these goals. Strengthened security measures, service levels and more effective functionality will provide a trusted and positive user experience.
18(B)II. WHAT DO YOU ANTICIPATE YOUR PROPOSED gTLD WILL ADD TO THE CURRENT SPACE, IN TERMS OF COMPETITION, DIFFERENTIATION, OR INNOVATION?
It is anticipated that the proposed .lupin gTLD will make positive contributions to the wider internet community by providing:
DIFFERENTIATION (INCREASED TRUST):
The .lupin gTLD will simplify how internet users interact with Lupin by providing a distinctive domain space. Internet users will be able to directly navigate to the .lupin gTLD site, saving time and resources searching for Lupin’s official site. This will not only provide fast, direct and simplified navigation for Lupin’s users but also promote Lupin’s search visibility and increase internet traffic throughout its websites. Lupin plans to provide its customers, partners and stakeholders with personalised domain names under the .lupin domain space to promote accessibility to their account details, saved searches and email alerts regarding Lupin’s information. Committed to providing affordable generic drugs to improve the health and wellbeing of individuals, the .lupin gTLD will also enable Lupin to disseminate information about diseases and the relevant prescription drug information to patients worldwide, thereby providing more affordable and direct access to its users. The current domain name system has shown that it is vulnerable to malicious abuses due to registration of domain names which creates and seeks to exploit consumer confusion. Lupin can address some of these vulnerabilities by maintaining complete control over the domain names registered under the .lupin domain space. Lupin will incorporate its brands under the .lupin domain to signal brand authenticity and authority and prevent consumer confusion from counterfeit drugs. Together with consumer trust, internet users will be able to rely on the authoritativeness of the domain names under the .lupin domain space, which will differentiate interaction between internet users and Lupin.
COMPETITION:
As a leading global company in the pharmaceuticals space, Lupin desires to be a forerunner in the implementation of the new gTLD development. The differentiation of the .lupin gTLD as a trusted site for Lupin will drive existing and new TLD registry operators to make improvements in mechanisms to improve consumer trust of their TLDs. Internet users will be encouraged to interact with domain names under the .lupin domain space. As a result, .lupin will have a flow on effect to enable increased competition. Therefore, the benefits of the proposed .lupin gTLD will be distributed not only to its direct customers, but to the internet community at large forcing improved services and competitive pricing in the market place.
INNOVATION:
With the expansion of the internet community to all corners of the world, the existing TLD structure presents limitations, not only in the availability of domain names for registrants, but also to businesses and organisations in establishing a coherent global online brand identity and presence to meet their evolving business needs. It is often difficult to register a domain name in existing domain space due to unavailability of the desired name. This problem is amplified for global organisations such as Lupin who work across many different jurisdictions and geographical markets. The availability of the domain name under the .lupin gTLD will strengthen its global online presence under one unified Lupin brand, creating an exclusive digital brand identity. Even when the desired domain name is available, it may come with a high price tag associated with a purchase of such desired name from a third party. With the .lupin domain space, Lupin has the ability to create second or third level domain names including the use of simple geographic names on demand which are relevant to its customer base, services and products. Lupin will be able to combine its use of the domain space with innovative user focused marketing and services to address the currently unmet needs in the existing domain name system providing greater consumer choice.
18(B)III. WHAT GOALS DOES YOUR PROPOSED gTLD HAVE IN TERMS OF USER EXPERIENCE?
The proposed .lupin gTLD will provide a dynamic & coherent user experience, which meets the changing and growing needs of the global internet community. Lupin will maintain control in the registration and use of domain names and will ensure that the new gTLD will only be used for purposes authorised by Lupin. Therefore, the .lupin gTLD will:
- provide affordable access to authentic and reliable information on diseases and drugs to internet users;
- allow the creation of personalised domain names for Lupin’s customers and stakeholders at a later stage, such as username.lupin, to promote customer satisfaction;
- provide an easy and intuitive reference and access point for internet users by unifying Lupin’s brands in the .lupin domain space;
- represent authenticity thus promoting user confidence;
- direct internet users to relevant information in a timely manner by creating domain names on demand;
- allow the use of IDNs at a later stage to enable customers to interact directly in their native language;
- use geographic names to localise Lupin’s websites to connect with internet users in the relevant regions and to comply with local laws;
- enhance security and minimise security risks by implementing necessary technical and policy measures;
- strengthen Lupin’s brand reputation as a trusted global pharmaceutical brand and ensure user confidence by eliminating user confusion; and
- prevent potential abuses in the registration process reducing overall costs to businesses and users.
As the new .lupin gTLD expands and evolves, Lupin may consider offering personalised domains to its customers and partners (including hospitals, medical practitioners and pharmacists), stakeholders, resellers and distributors at a later date. In this endeavour, Lupin will continue to comply with all operational, technical and policy requirements, as well as maintaining consumer trust and the stability of the internet. Lupin will keep ICANN reasonably informed of any material developments relating to the .lupin gTLD including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement.
The .lupin gTLD should address the concerns that the current domain name system is open to potential malicious abuse and user confusion in the registration processes. Although the current system allows an eligible party to lodge a claim through existing Uniform Domain Name Dispute Resolution Policy (UDRP) or other dispute resolution processes, the .lupin gTLD will reduce potential abuses in the registration processes and overall costs to internet users. User confidence in the domain name system will be strengthened, which will ultimately contribute towards promoting ICANN’s core values in benefiting the public interest.
18(B)IV. PROVIDE A COMPLETE DESCRIPTION OF THE APPLICANTʹS INTENDED REGISTRATION POLICIES IN SUPPORT OF THE GOALS LISTED ABOVE.
The proposed registration policy is attached in response to Question 28.
Only Lupin will be eligible to register domain names in .lupin at this stage. The domain name registration processes will address the requirements mandated by ICANN, including rights abuse prevention measures.
18(B)V. WILL YOUR PROPOSED gTLD IMPOSE ANY MEASURES FOR PROTECTING THE PRIVACY OR CONFIDENTIAL INFORMATION OF REGISTRANTS OR USERS? IF SO, PLEASE DESCRIBE ANY SUCH MEASURES.
Lupin is committed to protection of privacy and confidential information in accordance with its objective of increasing consumer trust and providing a safe and legitimate internet space for internet users. Privacy and confidential information will be protected in accordance with all applicable laws and regulations relating to internet security, privacy and user’s confidential information in relevant jurisdictions where Lupin operates as well as complying with internationally recognised standards of privacy protection.
Privacy is of fundamental concern to Lupin’s customers as such Lupin has a strong interest in ensuring a high level of privacy protection for its customers. Lupin has implemented its own privacy policy to demonstrate its commitment to the protection of user privacy and confidential information. Lupin’s privacy policy covers areas including:
- Pledge on privacy
- Intended use of personal data
- Non-disclosure of information
- Right of access
- Data transfer abroad
As the .lupin gTLD will only be available to Lupin, initially, the amount of personal data that will be collected for the purposes of operating the gTLD and made publicly available in the WHOIS database will be very limited. Lupin will provide a publicly available and searchable WHOIS look up facility, where information about the domain name status, registrant information including administrative and technical contact details can be found in accordance with Specification 4 of the Registry Agreement. In order to prevent misuse of the WHOIS look up facility, Lupin will utilise measures including a requirement where any person submitting a WHOIS database query is required to read and agree to the terms and conditions in accordance with the registration policy. This will include the terms of use that the WHOIS database is provided for information purposes only and that the user agrees not to use the information for any other purposes such as allowing or enabling the transmission of unsolicited commercial advertising or other communication.
Lupin will deploy Domain Name System Security Extensions (DNSSEC) which is intended to benefit both Lupin and its users interacting with Lupin online. DNSSEC provides additional security by validating information in the transmission, therefore it is intended to benefit those who publish information in the domain name system (DNS) and the users who retrieve information from the new .lupin gTLD. Lupin already implements measures to protect privacy or confidential information of its users against misuse, loss, alteration and unauthorised access. Such measures include the use of an industry standard firewall and the use of password protection.
Lupin will continue to apply all security measures currently implemented and will comply with all other policies and practices required by ICANN in the Registry Agreement and any relevant Consensus Policy for protecting the privacy and confidential information of registrants and users in the new .lupin domain space.
18(B)VI. DESCRIBE WHETHER AND IN WHAT WAYS OUTREACH AND COMMUNICATIONS WILL HELP TO ACHIEVE YOUR PROJECTED BENEFITS.
The proposed new gTLD will be publicised by a media plan to promote recognition of the new gTLD within the internet community to be a trusted site and as a sign of authenticity. The media plan would include a global press release & press events based around the .lupin gTLD. It will also include an active above the line program & events that would seek to promote the domain. The domain would also be included in all official collaterals created, developed and used by Lupin.
During the initial stage of the operation of the proposed new gTLD, it is anticipated that internet users will be re-directed to current websites. However, over time, it is foreseen that communication to the internet community of the existence of the proposed new gTLD and encouragement to utilise the trusted site will contribute towards minimising malicious abuses and protecting internet users.
18C. What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)? What other steps will you take to minimize negative consequences/costs imposed upon consumers?
As a restricted gTLD, registration will only be open to Lupin at this stage and no third parties will be able to register domain names under the .lupin domain space. Therefore, it is not anticipated that third party trademark owners will incur costs in relation to the .lupin gTLD. Any affiliate entities wishing to register domain names must ensure that all the policy requirements for registration are satisfied. Lupin will utilise the services of the proposed Trademark Clearinghouse to ensure that domain names registered and the use of those domain names, do not infringe any registered third party intellectual property rights.
No unaffiliated third party will be permitted to register domain names at this stage. It is estimated that time and money spent by consumers who have been targeted by malicious abuse in utilising services on the internet will reduce over time as a result of the new, trusted .lupin gTLD.
18(C)I. HOW WILL MULTIPLE APPLICATIONS FOR A PARTICULAR DOMAIN NAME BE RESOLVED, FOR EXAMPLE, BY AUCTION OR ON A FIRST-COME⁄FIRST-SERVE BASIS?
The initial use of the proposed new gTLD will be restricted to internal business use and Lupin and affiliate entities are intended to be the registrants under the .lupin gTLD. Therefore conflicts between multiple applications are not anticipated to occur.
18(C)II. EXPLAIN ANY COST BENEFITS FOR REGISTRANTS YOU INTEND TO IMPLEMENT (E.G., ADVANTAGEOUS PRICING, INTRODUCTORY DISCOUNTS, BULK REGISTRATION DISCOUNTS).
This gTLD will be used for internal purposes only, at this stage, so pricing incentives are not applicable or relevant.
NOTE THAT THE REGISTRY AGREEMENT REQUIRES THAT REGISTRARS BE OFFERED THE OPTION TO OBTAIN INITIAL DOMAIN NAME REGISTRATIONS FOR PERIODS OF ONE TO TEN YEARS AT THE DISCRETION OF THE REGISTRAR, BUT NO GREATER THAN TEN YEARS. ADDITIONALLY, THE REGISTRY AGREEMENT REQUIRES ADVANCE WRITTEN NOTICE OF PRICE INCREASES. DO YOU INTEND TO MAKE CONTRACTUAL COMMITMENTS TO REGISTRANTS REGARDING THE MAGNITUDE OF PRICE ESCALATION? IF SO, PLEASE DESCRIBE YOUR PLAN.
This gTLD will be used for internal purposes only, at this stage, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.