DECEMBER 2008 / JANUARY 2009
How to win back your domain in China
Managing Intellectual Property
Following the right procedures can be crucial when filing a domain name complaint. Dennis Cai offers some advice
| One-minute read |
| Domain names are allocated on a first-come first-served basis. This means that disputes between domain name registrars and trade mark holders are commonplace the world over. Until 1999, domain name disputes could only be resolved by litigation through the court system. Since then, ICANN has adopted administrative proceedings for resolving domain name disputes outside of the court system – the Uniform Domain-Name Dispute-Resolution Policy. As China’s internet access increases, disputes over .cn domain names are becoming more common. Brand owners particularly need to be aware of differences in procedure in China, such as a two-year time limit for making complaints, that could affect the success of their objections. |
Since coming into operation in 1999, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) has become a speedy and cost-effective process for resolving domain name disputes. Following its success, many country-code Top Level Domains (ccTLDs) registries have also set up dispute resolution policies for their own domains based or modelled on the UDRP. For example, in 2001, the Hong Kong Domain Name Registration Company Limited (HKDNR) adopted a UDRP-based dispute resolution policy for resolving .hk domain name disputes.
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