FAQ's
- To which disputes does the Uniform Domain Name Dispute Resolution Policy apply?
- What kind of action can be taken if one wishes to file a Challenge regarding a registered .asia domain name during the Sunrise Period?
- Who is entitled to commence an administrative proceeding under the DotAsia Sunrise Challenge Policy (the "Policy") and its related Rules of Procedure?
- When can Sunrise Challenges be filed?
- On what grounds can an administrative proceeding in regard to a challenge in connection with a registered .DotAsia domain name be based?
- What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding .DotAsia domain names sunrise challenge?
- What are the steps in the administrative proceeding process in regard to a dispute involving a .asia domain name?
- How long should the .asia administrative proceeding process take?
- What is the language of a .asia administrative proceeding?
- How much does an administrative proceeding in regard to a .asia sunrise challenge cost?
- How are fees in regard to an .asia sunrise challenge administrative proceeding to be paid?
- Is it necessary for a Party to be represented by a lawyer in a .asia sunrise challenge administrative proceeding?
- Can a Challenge include more than one disputed .asia domain name?
- Will DotAsia and the Registrar of the disputed .asia domain name be involved in the administrative proceeding?
- Where can I obtain information about who the registered holder of a .asia domain name is?
- What happens if a Challenge in respect of a .asia domain name is filed and it is determined by the Hong Kong International Arbitration Centre (HKIAC) to be deficient when the HKIAC undertakes Compliance Review?
- Is it necessary for a Party against whom a Challenge in respect of a .asia domain name has been filed with the Hong Kong International Arbitration Centre (HKIAC) to respond?
- What happens if a Response is not filed on time or at all?
- How is a Panel for an administrative proceeding in respect of a .asia domain name dispute established?
- How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?
- What kind of Decision can a Panel make in a .asia sunrise challenge administrative proceeding?
1. To which disputes does the Uniform Domain Name Dispute Resolution Policy apply?
Answer: The Policy applies to domain names originally created during the Sunrise Registration Period, which began on 9 October 2007 and ended on 15 January 2008, including any subsequent transfers of such names under this policy.
Upon expiry of the Sunrise Challenge Period, domain names registered during the Sunrise Registration Period will be subject to the Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP also applies to all domain names registered in the .asia registry after the Sunrise Registration Period (i.e. as of 15 January 2008).
2.What kind of action can be taken if one wishes to file a Challenge regarding a registered .asia domain name during the Sunrise Period?
Answer: Under the DotAsia Sunrise Challenge Policy (the "Policy"), the action to be taken is to commence an administrative proceeding by filing a Challenge with the Hong Kong International Arbitration Centre (HKIAC), the dispute resolution provider appointed by the DotAsia Organisation Limited ("DotAisa"), in accordance with the Policy and its related Rules of Procedure.
3. Who is entitled to commence an administrative proceeding under the DotAsia Sunrise Challenge Policy (the "Policy") and its related Rules of Procedure?
Answer: Any person or company is entitled to commence such a proceeding.
4. When can Sunrise Challenges be filed?
Answer: Sunrise challenges can only be submitted between 9 October 2007 and 15 January 2008. This sunrise challenge period started on 9 October 2007, 12 noon, Geneva time and not later than one hundred and twenty (120) days after the conclusion of the Sunrise Registration Period, which is 23:59 UTC, 15 January 2008
5. On what grounds can an administrative proceeding in regard to a challenge in connection with a registered .DotAsia domain name be based?
Answer: Article 4 (a) of the Policy states that the Challenge commencing an administrative proceeding in connection with a registered .asia domain name must prove the following:-
(1) Pre-Sunrise & Sunrise 1 (SR1): Governmental Reserved Names
(i) the corresponding Governmental Acknowledgement Reference (GACKREF) objects to the right you claimed, the GACKREF fails to acknowledge the Application.
(2) Sunrise 2a(SR2a): Early Bird Sunrise for Registered Marks
(i) the Registered Mark on which the registration of your Domain Name was based was not registered prior to 16 March 2004 (SR2a Cut-Off Date); or
(ii) at the time of your registration of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Registered Mark; or
(iii) at the time of your registration of the Domain Name, the Registered Mark that was not registered and in full force and effect; or
(iv) the Domain Name is not identical to the textual or word elements of the Registered Mark on which the registration of your Domain Name is based in ; or
(v) at the time of your registration of the Domain Name, the Registered Mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code.
(3) Sunrise 2b(SR2b): Registered Marks
(i) the Registered Mark on which the registration of your Domain Name was based was not registered prior to 6 December 2006 (SR2b Cut-Off Date); or
(ii) at the time of your registration of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Registered Mark; or
(iii) at the time of your registration of the Domain Name, the Registered Mark that was not registered and in full force and effect; or
(iv) the Domain Name is not identical to the textual or word elements of the Registered Mark on which the registration of your Domain Name is based in ; or
(v) at the time of your registration of the Domain Name, the Registered Mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code;
(4) Sunrise 2c(SR2c): Extended Protection for Registered Marks
(i) the Registered Mark on which the registration of your Domain Name was based was not registered prior to 6 December 2006 (SR2b Cut-Off Date); or
(ii) at the time of your registration of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Registered Mark; or
(iii) at the time of your registration of the Domain Name, the Registered Mark that was not registered and in full force and effect; or
(iv) the word(s) combined with the Domain Name is(are) not from the applicable class title, subtitle or description of the Registered Mark; or
(v) at the time of your registration of the Domain Name, the Registered Mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code;
(5) Sunrise 3 (SR3): Unverified Registered Entity Names
(i) the registration of your entity was not completed prior to 6 December 2006. (SR3 Cut-Off Date); or
(ii) at the time of your registration of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Entity; or
(iii) the domain name is not correspond with the name of your entity; or
(iv) your entity is not registered within the in the DotAsia community. (Corresponding ISO 3166 code).
6. What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding .DotAsia domain names sunrise challenge?
Answer: The Hong Kong International Arbitration Centre (HKIAC) has been appointed by the DotAsia as the dispute resolution provider to handle sunrise challenge for .asia domain names. As such, the HKIAC administers the administrative proceedings brought under the Policy and the Rules.
7. What are the steps in the administrative proceeding process in regard to a dispute involving a .asia domain name?
Answer: Generally speaking, the steps are as follows:-
- The Challenger files a Challenge with the Hong Kong International Arbitration Centre;
- The HKIAC notifies the holder of the .asia domain name in question of the Challenge and sends a copy of the Challenge to the holder;
- the holder of the .asia domain name in question files a Response;
- the HKIAC appoint a Panelist which will conduct the administrative proceeding in respect of the disputed .asia domain name and which will make a determination in regard to the dispute;
- the Panel conducting the administrative proceeding renders its Decision;
- if the Decision of the Panel conducting the administrative proceeding requires that the .asia domain name in question be cancelled or transferred, the Decision is implemented.
Also see the Flow chart of Proceedings.
8. How long should the .asia administrative proceeding process take?
Answer:Article 7(a) of the Rules states that unless otherwise agreed by the Centre in exceptional circumstances, the language of the administrative proceeding shall be English.
9. What is the language of a .asia administrative proceeding?
Answer: Article 11 of the Rules states that All communications shall be made in English.
10.How much does an administrative proceeding in regard to a .asia sunrise challenge cost? (to be finalised)
Answer:
11. How are fees in regard to an .asia sunrise challenge administrative proceeding to be paid?
Answer: Answer: Fees are to be paid to the HKIAC free of any bank charges, transfer fees or any withholdings, in United States Dollars (US$), by way of cash, cheque, draft or telegraphic transfer. Cheques or drafts are to be made payable to "Hong Kong International Arbitration Centre".
Telegraphic transfers are to be made as follows:
Account name: Hong Kong International Arbitration Centre
Account no.: 004-567-190897-001
Bank: The Hongkong and Shanghai Banking Corporation Limited
12. Is it necessary for a Party to be represented by a lawyer in a .asia sunrise challenge administrative proceeding?
Answer: No, it is not required, although a Party might well find it useful to engage the services of a legal advisor for the purpose. A Party may represent itself or be represented by any person such Party may choose.
13. Can a Challenge include more than one disputed .asia domain name?
Answer: No. According to paragraph 4(g) of Policy, a challenge may not relate to more than one Domain Name. In the event a Challenger under this Policy submitted more than one challenge against you, either you or the Challenger may petition the Centre to consolidate such disputes. The Centre may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy.
14. Will DotAsia and the Registrar of the disputed .asia domain name be involved in the administrative proceeding?
Answer: No. According to Paragraph 4 (j) of the Policy, DotAsia and the relevant Registrar will not participate in the administration or conduct an administrative proceeding in respect of a .asia domain name, and neither will the relevant Registrar be liable as a result of a Decision rendered by a Panel which has conducted an administrative proceeding. The relevant Registrar is not to be named as a party or otherwise in any administrative proceeding.
15. Where can I obtain information about who the registered holder of a .asia domain name is?
Answer: Information on registered .asia domain name holders can be obtained by clicking on (http://www.registry.asia/) to enquire about the domain name from the database.
16.What happens if a Challenge in respect of a .asia domain name is filed and it is determined by the Hong Kong International Arbitration Centre (HKIAC) to be deficient when the HKIAC undertakes Compliance Review?
Answer:According to Article 4(b) of the Rules, if the Centre finds the Priority Challenge to be formally deficient, it shall promptly notify the Priority Challenger of the nature of the deficiencies identified. The Priority Challenger shall have ten (10) days after such notification within which to correct any such deficiencies, after which the administrative proceeding will be deemed terminated without prejudice to the submission of another challenge by the Challenger.
17. Is it necessary for a Party against whom a Challenge in respect of a .asia domain name has been filed with the Hong Kong International Arbitration Centre (HKIAC) to respond?
Answer: Yes. Under the terms of the Registration Agreement between the Registrar and the registered holder of a .asia domain name, the latter agreed to participate in any administrative proceeding commenced in respect of the .asia domain name in question.
18.What happens if a Response is not filed on time or at all?
Answer: According to Article 6 of the Rules, in the event that a Respondent does not comply with any of the time periods established by the Rules or the Centre, the Centre, unless it finds exceptional circumstances apply, shall proceed to a decision on the challenge.
If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, the Rules or any request from the Centre, the Centre may draw such inferences therefrom and may undertake such procedural steps as it considers appropriate.
19. How is a Panel for an administrative proceeding in respect of a .asia domain name dispute established?
Answer: In accordance with Article 8 of the Rules, the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. For the panelist appointment of specific case, the Centre shall appoint suitable person from the list, having regard to:
- the nature of the dispute;
- the availability of the Panelist;
- the identity of the Parties;
- the independence and impartiality of the Panelist;
any stipulation in the relevant Registration Agreement.
20.How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?
Answer: According to Article 9 (g) of the Rules, in the absence of exceptional circumstances the Panel in question shall forward to the Hong Kong International Arbitration Centre (HKIAC) the Panel's Decision on a Challenge within fourteen (14) calendar days of the appointment of the Panel.
21.What kind of Decision can a Panel make in a .asia sunrise challenge administrative proceeding?
Answer: A Decision by a Panel conducting a .asia sunrise challenge dispute administrative proceeding must be in writing. The kinds of Decision a Panel conducting a .asia domain name dispute may render are limited. That is, a Panel might decide in one of two ways - (a) that the Challenge is not justified, in which case the existing registered .asia domain name holder shall be entitled to retain the .asia domain name in question; or (b) the Panel may decide that the Challenge is justified in which case the Panel will order that the domain name in dispute should be cancelled or be transferred provided that the Challenger met the registration conditions under the DotAsia Sunrise Policies.
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