Domain Name Dispute means the dispute arising out of the registration or use of internet domain names. In China, the resolutions of such disputes are guided CNNIC Domain Name Dispute Resolution Policy, China Internet Domain Name Regulations and Rules for CNNIC Domain Name Dispute Resolution Policy.
Hong Kong International Arbitration Center (HKIAC) focuses on providing different forms of online dispute resolution services, including IP and IT-related areas. It has become a key online dispute resolution service provider to resolve the disputes in respect of domain name and E-commerce.
HKIAC provides online dispute resolution services in the following forms:
a. HKIAC is appointed by CNNIC to be a dispute resolution service provider to resolve the disputes in respect of .cn domain-names.
Types
The disputes in respect of generic top-level domain names including 3 original top-level domain names such as .com, .net and .org, as well as 7 subsequent top-level domain names, namely .biz, .name, .info, .pro, .coop, .aero and .museum (being added) approved by ICANN.
Disputes in respect of domestic English domain names including .com.cn and .cn;
Disputes in respect of Chinese domain names;
Disputes in respect of generic websites;
Accepting Institutions
Presently ADNDRC, CIETAC Domain Name Dispute Resolution Center, WIPO and others can accept and hear the disputes of domain names within the range of .CN domain names and Chinese domain names that were under the administration of China Internet Network Information Center (CNNIC). However, the Dispute Resolution Service Providers do not accept the Complaint regarding domain names with registration term of over (including) TWO years.
Dispute Resolution Service in Respect of Top-level
Domain Names
1. HKIAC is one of ADNDRC’s partners as well as the administration organization under its HK Secretariat. ADNDRC, one of 4 domain name dispute resolution providers approved by ICANN, provides the domain name dispute resolution services in respect of generic top-level domain names, such as .com, .net and .org. The disputes in respect thereof are resolved in accordance with Uniform Domain Name Dispute Resolution Policy – UDRP published by ICANN.
2. The dispute resolution service in respect of country code top-level domain names (ccTLDs) (such as .hk, .cn, .pw and .ph)
a. Domain Name Dispute Resolution Policy for .hk and 香港domain names
HKIAC is the only dispute resolution service provider in respect of .hk domain names, which is designated by HKDNR. HKDNR selects HKIAC to make final and binding award and resolve the disputes of .hk domain names.
Domain Name Dispute Resolution Policy for .cn top-level domain names
Domain Name Dispute Resolution Process:
Submitted a complaint → The Center reviews the complaint for administrative compliance with CNDRP → Compliant → The Center issues the proceeding notification to the provider and transmits the complaint (Response shall begin within twenty days from the date of proceeding) → The Respondent submits a response (in hard copy and electronic form) → The Center sets up a panel within five days after receipt of the response → The Panel renders its decision on the complaint within fourteen days after its establishment → The Center publishes the decision online within three days upon receipt thereof, and notify both parties, registrar and CNNIC of the final decision .
Case
In February, 2012, Group A submitted a complaint to the Domain Name Dispute Resolution Centre to claim its legitimate rights and interests of the domain name (s) that is/are the subject of the complaint. As stated by Group A, it began to use “xx.com” logo in April 2005. The “xx.net” domain name used by Company B is similar to the “xx” trademark and the “xx.com” domain name used by Group formerly, which results in confusing the public.
Group A provided a lot of evidences to prove his points. It had "XX.com" registered in November 2005 and updated it in October 2011. Group A thought that the respondent obviously had his “xx.com” domain name registered under the circumstances that he was not qualified to apply for registration of such a domain name, which indicates his contempt for the provisions for registration qualification of top-level domain name, which “xx.com” applies to, still more reflects his intentions of misconduct. After investigation and collection of evidence, the arbitration panel further confirmed that the respondent maliciously registered the disputed domain name, and therefore had no rights to use the domain name “xx.net”. There upon, this case was successfully solved through the arbitration agency.
In order to protect the legitimate rights and interests of enterprises, we would like to provide comprehensive consulting and advisory services in respect of selection and use of domain name and others.