The 40-page guide provides a wealth of information, including a general overview of HKIAC’s domain name practice, in-depth analyses of more than 20 challenging procedural and substantive issues based on HKIAC domain name decisions, helpful flow charts, and relevant statistical tables. For practitioners new to domain name disputes in the Asian region, the guide also includes sections explaining how experienced panels deal with difficult domain name questions arising from the use of Chinese characters or Chinese Pinyin translations.
The Guide to HKIAC Domain Name Dispute Resolution can be accessed below.
View in PDF format: English
Table of Content
SECTION I. An Overview of Domain Name Dispute Resolution at HKIAC
Article 1.1 - Domain Name Dispute Resolution Services Provided by HKIAC
Article 1.2 - Administrative Proceedings at ADNDRC
Article 1.3 - Transferring or Cancelling of the Domain Name
Article 1.4 - Implementation of a HKIAC Decision
Article 1.5 - The HKIAC Panel
Article 1.6 - The HKIAC Parties
SECTION II. Selected Procedural Issues
Article 2.1 - Re-filing a Complaint
Article 2.2 - Time Bars
Article 2.3 - Consolidation of Claims
Article 2.3.1- Multiple Registrants
Article 2.3.2 - Multiple Related Domain Names
Article 2.4 - Single-Member and Three-Member Panels
Article 2.5 - No Response
Article 2.6 - Delayed Responses
Article 2.7 - General Burden of Proof
Article 2.8 - Settlement/Suspension of UDRP Proceedings
Article 2.9 - Languages
Article 2.10 - Procedural Orders
Article 2.11 - The Effect of National Law
Article 2.12 - Appealing the Decision
SECTION III. Standing of the Complainant
Article 3.1 - Complainant’s Civil Rights or Interests
Article 3.2 - Unregistered Trademarks/Trade Names
SECTION IV. The Test for Identical/Confusingly Similar
Article 4.1 - Chinese Characters
Article 4.2 - Chinese Pinyin
Article 4.3 - Pinyin Abbreviation
Article 4.4 - Domain Name Contains More than the Full Trademark
Article 4.4.1 - Domain Names Contain a Geographical Identifier
Article 4.4.2 - Trademark Followed by Suggestive Terms
Article 4.4.3 - Trademark Followed by Words Without Substantial Meanings
Article 4.4.4 - Domain Name Contains two or More Trademarks
Article 4.5 - Typosquatting
SECTION V. Respondent has No Rights or Legitimate Interests in Respect of the Domain Name
Article 5.1 - Independently Acquired Trademark
Article 5.2 - Previous Business Relationships
SECTION VI. Domain Name has been Registered and is Being Used in Bad Faith
Article 6.1 - Renewal, Re-registration and Transfer
Article 6.2 - Complainant’s Reputation
Article 6.3 - Website Content Probative of Knowledge
Article 6.4 - Passive Holding (Lacking of Active Use)
Article 6.5 - Fraudulent Transfers
Article 6.6 - Concealment of Ownership
Article 6.7 - High–Volume Registrants
Article 6.8 - Disrupting Business of Competitors
Annex - HKIAC Administrative Fee Schedule
Disclaimer:
The contents of this publication, current at the date of publication set out in this document, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.