05 Sep 2024
Domain name registrations generally are based on “First-come, First-served” rule. With the rapid development of the Internet and domain name system, there is an increasing number of disputes concerning the registration and use of domain names in bad faith which infringes the legitimate rights and interests of an IP rights holders.
Domain Name Dispute Resolution (DNDR) proceedings are governed by the dispute resolution policy and rules incorporated into the registration agreement of the domain name, under which the registrant agrees to submit to any proceedings imitated by a third party in accordance with the dispute resolution policy.
On this basis, IP rights holders may file a complaint to an accredited dispute resolution provider, such as HKIAC, for resolution of a domain name dispute in accordance with the applicable policy and rules.
HKIAC – DNDR Services
HKIAC provides comprehensive online dispute resolution services for resolving domain name disputes arising out of generic Top Level Domains (gTLDs), new gTLDs and country-code Top Level Domains (ccTLDs). HKIAC has one of the largest caseloads in Asia. Since 2001, HKIAC has handled more than 3,000 domain name cases under six different policies.
HKIAC is a founding member of the Asian Domain Name Dispute Resolution Centre (ADNDRC) which was established in Hong Kong in 2001. The ADNDRC is a Uniform Domain Name Dispute Resolution Policy (UDRP) service provider accredited by ICANN. HKIAC operates the Hong Kong office of the ADNDRC.
Efficient and cost-effective procedures
Domain name proceedings are normally completed within 60 days and fixed fees apply. Of the cases filed with HKIAC in 2023, the procedure was concluded within 49 days on average from the complaint being transferred to the Respondent. The fees vary according to the policy under which a complaint is filed, the number of domain names being disputed, and the number of panelists required to decide the dispute. However, the fees are always fixed from the outset. For instance, the fee for resolving a UDRP dispute involving one domain name decided by a single panelist is USD 1,300 (approximately HKD 10,000).
High success rate
Domain name dispute resolution at HKIAC has a high success rate for complainants. Over 94.7% of all complaints filed in 2023 were successful, resulting in the transfer or cancellation of the disputed domain name under the applicable policies.
Experienced decision-makers
The HKIAC Domain Name Dispute Resolution Panel comprises panelists with at least three years of experience in resolving domain name disputes, or relevant experience in acting as an arbitrator, adjudicator, and/or serving in other relevant adjudicative roles. The ADNDRC Administrative Panel comprises panelists with at least ten years of experience in intellectual property and/or technology law, and experience in domain name dispute resolution, arbitration or other dispute resolution mechanisms. Panelists on the HKIAC and the ADNDRC panels come from more than 30 different countries combined, many of whom have particular expertise in China-related matters. Their substantive experience covers, but is not limited to, intellectual property law, electronic commerce and the Internet. Each panelist’s professional profile is available on the HKIAC website and the ADNDRC website as applicable.
Experienced and multilingual secretariat
HKIAC’s secretariat is experienced in the administration of domain name disputes under all applicable dispute resolution policies. Staff can provide administrative support in domain name dispute resolution proceedings in a wide range of languages including English, Simplified Chinese, Traditional Chinese, Korean, Russian, French, Spanish, Swedish, and Filipino.
Publicly available decisions
Users have available to them all decisions rendered by panelists in proceedings handled by HKIAC since 2002. The decisions can be found on HKIAC’s website. This provides a comprehensive resource in respect of decision-making under the various domain names policies.
