Administration and Dispute Resolution of.hk Domain Names. By: Jonathan Shea CEO of HKIRC/HKDNR

Transcription

1 Administration and Dispute Resolution of.hk Domain Names By: Jonathan Shea CEO of HKIRC/HKDNR

2 Outline Administration of the.hk Domain Name About HKIRC and HKDNR.hk Domain Name Categories Chinese Domain Name Soft Launch Registration Procedures and Requirements Dispute Resolution Policy for.hk Domain Names The Stakeholders of.hk Domain name Dispute Resolution Process Features of the HKDRP Case Statistics

3 Administration of.hk Domain Name

4 About HKIRC and HKDNR Hong Kong Internet Registration Corporation Limited & Hong Kong Domain Name Registration Company Limited

5 Company Profile of HKIRC Hong Kong Internet Registration Corporation Limited (HKIRC) 香 港 互 聯 網 註 冊 管 理 有 限 公 司 a non-profit-making and non-statutory corporation set up in Dec 2001 to perform Internet domain name administration functions in Hong Kong. a public company with a Board of Directors representing the interest of a broad spectrum of the local community HKIRC Membership Scheme No Shareholders (incorporated by guarantee) Every.hk domain name holder can be a member A HKIRC member can belong to one of six classes The Board of Directors is elected annually by HKIRC members at the Annual General Meeting

6 Company Profile of HKIRC (Cont d) HKIRC has the mandate to represent Hong Kong in international Internet forum and promote Hong Kong s Internet businesses Hong Kong Domain Name Registration Company Limited (HKDNR) 香 港 域 名 註 冊 有 限 公 司 established in Feb 2001 and is now the operations arm of HKIRC in assuming the role of both registry and registrar for the registration and assignment of domain names under.hk

7 HKIRC Board of Directors Commercial & Industry Class 1 Seat User Class 6 Seats Service Provider Class 2 Seats IT Industry Class Tertiary Institution Class Government Class 2 Seats 1 Seat 1 Seat

8 HKIRC Governance Structure BUSINESS DEVELOPMENT AND PROMOTION COMMITTEE HKIRC Governance Structure (2004 AUDIT - 05) ADMINISTRATION RESOLUTION COMMITTEE TECHNOLOGY COMMITTEE CHAIRMAN OF THE BOARD BOARD OF DIRECTORS (up to 13 Directors including the Chairman) FINANCE AND COMMITTEE COMPLAINTS AND DISPUTE COMMITTEE INSTITUTION AND GOVERNANCE COMMITTEE CHIEF EXECUTIVE OFFICER MANAGEMENT TEAM AND STAFF NOTES: 1. Conveners and members of all Committees are taken up by Directors on the Board 2. The Board is elected at the Annual General Meeting

9 What is Domain Name? Traditional World Business Registration Number (e.g ) Company Name (e.g. Hong Kong Internet Registration Corporation Ltd.) Internet World IP Address (e.g ) Domain Name (e.g. hkirc.hk) A textual address for a location on the Internet (e.g. or mail@hkirc.hk) Domain names mostly for web and s (e.g. user@yahoo.com)

10 Domain Name Hierarchy 25,000,000 queries per day. 13 root servers worldwide H.A. Distributed Database.hk.cn.com Top Level.com.hk.edu.hk.gov.hk.net.hk.org.hk.idv.hk 2 nd Level hkirc.net.hk chantaiman.idv.hk 3 rd Level

11 Domain Names Categories gtlds (Generic Top Level Domains):.com /.net /.org /.biz /.info /.name /.pro.edu /.gov /.int /.mil /.aero /.coop /.museum /.travel /.jobs /.mobi cctlds (Country Code Top Level Domains):.cn/.hk/.tw/.jp /.uk /.us /.fr (total 242) Each cctld Registry has total control of categorisation.idv.hk /.com.hk /.org.hk /.edu.hk.com.cn /.org.cn /.hk.cn /.cn.com.tw /.org.tw /.game.tw /.club.tw Chinese Domain Names 域 名 註 冊.hk 域 名 註 冊. 香 港 / 聯 想. 公 司

12 .hk Domain Name Categories

13 Existing.hk Domain Name Categories.com.hk Commercial entities.net.hkentities managing network Infrastructure and services.org.hk Non-profit making organizations.edu.hkeducational institutions.gov.hk.idv.hk.hk HKSAR governmental bodies Hong Kong ID cardholders Organizations and individuals from both local and overseas

14 Statistics of Active.hk Domain Names.hk.com.hk.net.hk.org.hk.edu.hk.gov.hk.idv.hk TOTAL * Statistics as of 4-Oct-06 28,074 76, ,353 1, ,684 The monthly average of new registrations for the past 12 months is about 1,500.

15 .hk.hk Chinese Domain Name.hk Chinese Domain Name (CDN) was soft-launched on 28-Sep-06.hk CDN categories:. 公 司.hk /. 組 織.hk /. 網 絡.hk /. 個 人.hk /. 教 育.hk /. 政 府.hk /.hk Should contain at least one Chinese character. May compose of English letters, Arabian numerals or hyphen NEW!

16 .hk Chinese Domain Name (Cont d) Soft Launch Period before Official Launch Soft Launch Period: Different Stages Stage Who is Eligible? Priority Registration Pre-Registration Sunrise Trademark / Service Mark Holders Existing.hk Domain Name Holders Public (Random Draw)

17 .hk Chinese Domain Name (Cont d) Priority Registration Period Hong Kong Trademark / Service Mark Holders 6 Weeks for Registration (28-Sep to 10-Nov) Pre-Registration Period Existing eligible.hk English Domain Name (EDN) Holders 5 Weeks for Registration (4-Dec to 5-Jan-07)

18 .hk Chinese Domain Name (Cont d) Sunrise Period Open to Public Domain Names with > 1 applications will be allocated by random draw 2 Weeks for Registration (29-Jan-07 to 9-Feb-07) Objection Handling Objection Request to Convener of the Objection Committee of HKDNR

19 Second-Level.hk Domain Name

20 Featuring Second-Level.hk Domain Name ( 2LD( 2LD ) Companyabc.com.hk Companyabc.hk A new category tailored for corporations and individuals who wish to possess a shorter online identity in Hong Kong.

21 Second-Level.hk Domain Name (Cont d) What is 2LD about? Unique online identity of Hong Kong Shorter as compared to 3 rd Level categories No documentary proof required for new registration Basic registration fee: HK$250 for the first year Why we recommend Second-Level.hk? Shorter and more convenient for users Simplified application requirements and procedures More choices available

22 Service Fees for Different Domain Names Contract Period Annual Fee (New Reg & Renewal) - 1-year - 2-year - 3-year - 5-year Types of Application Transfer of Domain Name Modification of Name Server Per.com.hk /.org.hk /.net.hk /.gov.hk /.edu.hk (HK$) $200 $400 $500 $800 $500 + Annual Fee $200 (For domain names registered under Old Contract) Per.idv.hk domain name (HK$) $150 $280 $380 $550 Per Application (HK$) $500 + Annual Fee $0 Per.hk domain name (HK$) $250 $500 $625 $1000 $500 + Annual Fee $0

23 Registration Procedures and Requirements

24 How to Register.hk Domain Names Go to Select Register Domain or Register Chinese Domain Name under the column Register Check the availability of your preferred domain name Fill out relevant fields Authorisation Password Registrant Information Administrative, Technical and Billing Contacts

25 How to Register.hk Domain Names (Cont d) Provide two independent Name Servers (Primary & Secondary) Host Names & IP Addresses Domain parking service available if unable to provide name server details Provide a password for managing your user account Select contract year(s) and payment methods Provide the required document(s) and payment within 14 calendar days

26 Other Domain Name Services Renewal of Domain Name It is important to renew your domain name; otherwise, your domain name will be expired and may be registered by another party. Domain name holders can choose to renew their domain names for 1, 2, 3 or 5 year(s) A reminder will be sent to customers one month before expiry. So you need to make sure your address is always valid. Transfer of Domain Name You may transfer the ownership of your domain name to another party Other domain name services include modify name server, delete domain name, etc.

27 Dispute Resolution Policy for.hk Domain Names

28 Dispute Resolutions for Domain Name Litigation Arbitration Negotiation UDRP Uniform Domain Name Dispute Resolution Policy The most effective way to resolve domain name disputes with low cost.

29 The Stakeholders of the.hk Domain Name Dispute Resolution Process HKIRC HKDNR Currently the sole.hk domain name registration service provider Complainant Any one can be a Complainant (usually the trademark holder) Registrants- Domain name holders (also is the respondent in a domain name case) HKIAC The sole.hk domain name dispute resolution provider Panelist the person who decide a domain name case Representative of the parties (not compulsory)

30 The HKIAC s s Jurisdictions to.hk Domain Name Disputes The Jurisdiction regarding the.hk Domain name is from the.hk domain name registration service agreement which provides: 14.1 Application of Dispute Resolution Policy If your Domain Name registration is challenged by a third party, the dispute will be handled according to the provisions of the Dispute Resolution Policy Decision of arbitration panel final Any decision made by an arbitration panel duly appointed by a dispute resolution service provider shall be final and binding on you and you shall abide by such decision. If the decision provides that the Domain Name registration shall be cancelled, we shall wait for fourteen (14) calendar days after receiving the decision before cancelling the Domain Name.

31 Dispute Resolution Policy for.hk Domain Name.hk domain name dispute resolution proceedings are governed by :- The HKDNR Domain Name Dispute Resolution Policy HKDNR Domain Name Dispute Resolution Rules of Procedures HKIAC Domain Name Supplemental Rules

32 Dispute Resolution Policy for.hk Domain Name Features of HKDRP : UDRP-based dispute resolution process Arbitral proceedings Awards are binding and final Right in Hong Kong: Under the HKDRP the complainant is required to prove that it has relevant rights in Hong Kong (Paragraph 4 (a) (i)) For example: Case: DN (lucky-number.com.hk ), The complainant who is the registrant of < failed to establish his right regarding the disputed domain name in Hong Kong. Governed by the Cap.341 Arbitration Ordinance Laws of Hong Kong HKIAC is currently the sole dispute service provider for hktlds disputes (since 1 June 2001)

33 The Three (3) Elements in the UDRP Based Domain Name Dispute Resolution Process All of the following three elements must be proved: (note: the burden of proof is rest on Complainant) The disputed domain name is identical or confusingly similar to complainant s legitimate mark The Respondent does not have the legitimate right and interest pertaining to the disputed domain name The Respondent registered and used domain name in bad faith

34 Identical or Confusingly Similar Domain Name adidas.hk hmv.hk ps.com.hk = = Trademark / Service mark Adidas Hmv (IP) Limited Play Station

35 Legitimate right and interest Article 4(c) of the HKDRP provides that: Any of the following circumstances, in particular but without limitation, if found by an Arbitration Panel to be proven based on its evaluation of all evidence presented to it, shall demonstrate your rights or legitimate interests to the Domain Name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in connection with a bona fide offering of goods or services in Hong Kong; or (ii) you (as an individual, business, or other organisation) have been commonly known by the Domain Name, even if you have acquired no trade mark or service mark rights in Hong Kong; or (iii) you are making a legitimate non-commercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue.

36 Bad Faith Paragraph 4(b) of the HKDRP gives a non-exhaustive list of circumstances that will demonstrate the respondent s bad faith: (i) circumstances indicating that you have registered or you have acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the Domain Name; or (ii) you have registered the Domain Name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding Domain Name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the Domain Name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the Domain Name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

37 .hk Domain Name Dispute Case Statistics ( ) Total Number Among the 23 cases: Domain Name Transferred to Complainant Domain Name Favoured Registrant Settled by the Parties / Withdrawn Domain Name Removed / Deleted Case Pending

38 Q & A

39 Thank you!