Speaking at a briefing organised by the International Technology Law Association, Dennis Cai, assistant secretary general of the Hong Kong International Arbitration Centre (HKIAC), said that brand owners risked losing disputes if they didn't familiarise themselves with the Chinese rules, particularly the time limit for bringing disputes.
"It seems to me that that a lot of overseas complainants are not aware of the two-year time limit," he said.
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Dennis Cai |
Unlike the UDRP and the HKDNR Domain Name Dispute Resolution Policy, the China Internet Network Information Center (CNNIC), which runs the .cn domain, amended its dispute resolution policy in March 2006 to impose a time limit of two years to file a complaint with a dispute resolution provider.
In August this year CNNIC extended this time limit to the dispute resolution policies for internet keyword and wireless keyword disputes.
HKIAC and the China International Economic and Trade Arbitration Commission (CIETAC) are the two organisations that deal with .cn disputes.
HKIAC dealt with 85 .cn disputes last year and since 2006 has dealt with around 70 disputes every year. Cai said that of these, six have been rejected because the time limit had elapsed. It is not known how many disputes at CIETAC have also been rejected because of the time bar.
Other problems that trade mark owners face when bringing a .cn complaint include that the language has to be Chinese, unless otherwise determined by the panel or agreed between the parties, and that filing supplementary evidence is not allowed "unless the Panel has made an additional decision in that respect".
But Cai pointed out that some aspects of the CNDRP were more favourable to rights owners. For example, the UDRP and HKDRP only allow five calendar days for complainants to correct any mistakes that the panel spots in the papers that are filed.
"We have received a lot of feedback that five calendar days is too short," said Cai.
In contrast, the CNDRC time limit is decided by the panel, with HKIAC usually granting claimants around two weeks to respond.
In addition, when filing a .cn complaint, the filer does not have to notify the respondent. This is designed to avoid a situation where the respondent, upon learning of the dispute, immediately transfers the domain to a third party so the complaint has to be amended.
Gabriela Kennedy, a partner of Hogan Lovells in Hong Kong, said that enforcement of .cn decisions remains a problem. In particular, "recalcitrant registrars" sometimes refuse to implement decisions, or delay until the domain registration has expired.
Domain name squatters can also appeal CNDRC decisions to the courts in mainland China.
According to the UDRP, registrars are obliged to implement decisions within three working days.
Cai said that HKIAC had helped several complainants in their efforts to enforce decisions. "It's tough, but we encourage you to report the issue as soon as possible," he said.
