Domain Name Protection in Hong Kong: Flaws and Proposals for Reform
Posted: 29 Feb 2008
Date Written: 2005
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.
Keywords: Organic composition, Rate of profit, Prices of production
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