Domain Name Dispute Resolution in Mainland China and Hong Kong
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AbstractCybersquatting has become a serious problem in China and other Asian jurisdictions. In 2017, it was reported that around 10% of the .cn domain names were registered by cybersquatters. This chapter explores the domain name dispute resolution mechanisms in mainland China and Hong Kong. By illustrating how domain name disputes associated with trademarks are resolved through the implementation of Uniform Domain Name Dispute Resolution Policy (UDRP) and litigation in these two jurisdictions, Part I of this chapter illustrates the convergence and divergence of the civil law and common law approaches to domain name dispute resolution. Part II of the chapter outlines how these two jurisdictions implement the UDRP via the China International Economic and Trade Arbitration Commission (CIETAC) and the Hong Kong International Arbitration Centre (HKIAC). This part focuses particularly on the grounds for trademark owners to complain against domain names registered by other parties. Part III analyzes how parties use the court to solve domain name disputes in the two jurisdictions. Part IV probes trademark disputes and the new business models in China resulting from the introduction of new general top-level domain names (gTLDs) in 2012.
All Author(s) ListJyh-An Lee
All Editor(s) ListIrene Calboli, Jane C. Ginsburg
Book titleThe Cambridge Handbook of International and Comparative Trademark Law
Year2020
Month9
PublisherCambridge University Press
Place of PublicationUK
Pages398 - 419
ISBN9781108423090
eISBN9781108399456
LanguagesEnglish-United States

Last updated on 2020-21-10 at 00:06