(A2) (Live Presentation VC and Webinar) Domain Name Dispute in Hong Kong and China : Does arbitration work?

Date: 02 December 2022 (Friday)   Time: 9:30am–12:45pm   Language: English  Level: Elementary

Speaker:    Julien Chaisse, Full Professor, School of Law, City University of Hong Kong

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3                 Fee: HK$1,790

Highlights :

Internet domain names are true economic assets which raises important legal issues. In this respect, companies have realised that having a domain name that is the same as their company name or the name of one of their products can be an extremely valuable part of establishing an Internet presence. When a dispute over a domain name occurs the parties can always turn to the courts. While courts and judges have the authority to award control and ownership over domain names (just as they have authority to award control and ownership over any other property), the judicial process is notoriously slow.  Consequently, many parties have avoided the courts and turned to the domain name dispute policies of the domain name registrars. The best alternative to pursuing a domain name dispute through the courts is to take advantage of the domain name dispute policies that have been developed by the organisations that assign domain names which is the focus of this course. The course focuses on the Uniform Domain-Name Dispute Resolution Policy (“UDRP”) which has been adopted by ICANN-accredited registrars in all gTLDs (.aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel). The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars. At the end of the course, participants should be able to:

  • Critically evaluate ongoing developments in law relating to information technologies
  • Display an understanding of how these developments relate to one another.
  • Examine applicable principles to internet domain name disputes;
  • Understand the role of the Asian Domain Name Dispute Resolution Centre (ADNDRC)’
  • Understand the role of the Hong Kong International Arbitration Center (HKIAC);
  • Evaluate those rules and theories in terms of internal coherence and practical outcomes;
  • Draw on the analysis and evaluation contained in primary and secondary sources.

Online infringements and domain name dispute resolution

The Three Elements – Identity and confusing similarity

The Three Elements – Legitimate rights of the respondent

The Three Elements – Bad faith

Practical guide on preparing submissions and deciding domain name disputes

 

all ICANN-accredited registrars.

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Julien Chaisse
Julien Chaisse is Associate Professor of Law at the Chinese University of Hong Kong (CUHK); Faculty of Law Board member and Director of the Center for Financial Regulation and Economic Development. He joins Member Board of Review, Inland Revenue Ordinance, Hong Kong and is an arbitrator, empancied with the Hong Kong International Arbitration Centre (HKIAC), Shenzhen Court of International Arbitration (SIAC) and Kuala Lumpur Regional Centre for Arbitration (KLRCA), as well as Domain Name Panelist, Asian Domain Name Dispute Resolution Centre (ADNDRC). Actually, he is currently delivering Continuing Professional Development (CPD) Courses delivered in Hong Kong : Arbitration of Domain Names Disputes, Foreign Investment Protection, International Financial Law and Regulation, Intellectual Property Rights and International Tax Law etc.

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