Hong Kong .hk Domain Name Dispute Resolution Policy

How to resolve .hk Hong Kong domain name disputes

The Hong Kong Dispute Resolution Policy is implemented by the HKDNR (Hong Kong Domain Name Registration Company Limited), and is included in the Hong Kong Domain Name Registration Agreement (between HKDNR and the registrant). This agreement is signed at the time of a Hong Kong domain name registration. It has been effective since June 27, 2005.

The arbitration services are provided by the recognized provider, the Hong Kong International Arbitration Centre (HKIAC). At any time, the HKDNR has the vested right to modify the Hong Kong Dispute Resolution Policy, which governs only those registrants who have signed the registration agreement on or after June 2001.

A complaint can be filed if any registered .hk domain name is used in bad faith, if the domain name chosen is matching or perplexingly similar to another service mark / trade name in Hong Kong. Specifically, you cannot register the domain name primarily for the purpose of disrupting the business of a competitor. Also, a complaint can be filed if the domain name is used with an objective to misguide internet users.

According to the HKDRP, the complainant must hand over the complaint to the selected provider that is authorized by HKDNR to run the arbitration proceedings. The HKDNR does not participate in the administration of the proceedings. The rules of the procedure are quite lengthy, and are detailed. Whatever the dispute, it is all decided by an arbitration panel that is set up as per the provider’s supplementary rules, and rules of procedures. Typically, all fees charged by the Provider must be paid by the complainant.

If one has disputes pending under the Hong Kong Dispute Resolution Policy, registrants are not supposed to change the status of the domain name or transfer the ownership to another party.

More information on Domain Name Dispute can be found here, or through the main HKDNR site here.