- Instructor: Julien Chaisse
- Duration: 3 hours
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
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.