Domain name protection in Hong Kong: flaws and proposals for reform

Abstract

In Hong Kong, domain name disputes are governed by a policy that is heavily influenced by that of the US-based Corporation for Assigned Names and Numbers (‘ICANN’), which is designed to protect interests of some trademark owners at the expense of some domain name registrants. The root cause of Hong Kong’s adherence to US Domain Name Dispute Resolution Policy lies in the physical architecture of the domain name system itself, which is US-controlled. Hong Kong may improve protection for domain name registrants by amending the Hong Kong Domain Name Dispute Resolution Policy to make it more registrant-friendly than it currently is. In the longer run, however, Hong Kong’s ultimate power to decide on its own domain name dispute policy may involve moving away from the superior authority of the A root. A concurrent and less drastic step to improve the situation would be to clarify the ability of domain name registrants to register their domain names under trademark law.