Law and Policy for Resolving Domain Name Disputes in Hong Kong: Present and Future

Abstract

Domain name disputes, a by-product of the growth of the Internet and electronic commerce, are becoming more frequent in Hong Kong. The author considers how domain name disputes can be dealt with under Hong Kong law, having regard to legal developments on domain name dispute resolution in other jurisdictions. The author also considers the Uniform Dispute Resolution Policy ('UDRP') adopted in 1999 by the Internet Corporation for Assigned Names and Numbers ('ICANN'), the international corporation responsible for international domain name policy. The author concludes that Hong Kong should adopt a UDRP-like dispute resolution procedure, as best suited to facilitate electronic commerce in Hong Kong.