With the rapid development of the Internet and domain name system, tackling online infringements is a matter of great concern to intellectual property (IP) rights owners.
As most online infringements involve the use in bad faith of a domain name incorporating a trademark, the smart way to take down infringing websites is to gain control of the domain names at issue.
Initiating domain name dispute resolution proceedings through an accredited provider such as the Hong Kong International Arbitration Centre (HKIAC) is an effective way of resolving these kinds of disputes and safeguarding one’s IP rights in cyberspace.
Since 2001, the HKIAC has provided online dispute resolution services for both generic top-level domains (gTLDs) such as .com, .net, .org and many country-code top-level domains (ccTLDs) including the .cn and .hk domains.
Domain name dispute resolution proceedings administered by the HKIAC are mainly conducted under the Internet Corporation for Assigned Names and Numbers (ICANN) uniform domain name dispute resolution policy (UDRP) and similar policies for other ccTLDs.
To date, the HKIAC has handled more than 1,100 disputes concerning various categories of internet domain names, of which about 95% of the complainants, usually the trademark owners, were successful in having the disputed domain names transferred or cancelled in a swift and cost-effective manner.
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The authors, Dennis Cai and Paddy Tam, are Assistant Secretary-General and Domain Name Dispute Case Administrator, respectively, at the HKIAC