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Appendix A
Hong Kong Domain Name Registration Company Limited
Domain Name Dispute Resolution Policy
[Rules of Procedure]
[Effective 26 January 2004]
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| 4.
Notification of Complaint |
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| (a) |
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The Provider selected by the Complainant shall review the Complaint
for administrative compliance with the Dispute Resolution Policy
and the Rules of Procedure and the Provider's Supplemental Rules
and, if in compliance, shall forward the Complaint (together
with the explanatory cover sheet prescribed by the Provider's
Supplemental Rules) to the Respondent, in the manner prescribed
by Paragraph 2(a), within three (3) business days following
receipt of the fees to be paid by the Complainant in accordance
with Paragraph 18.
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(b) |
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If the Provider finds the Complaint to be administratively deficient,
it shall promptly within three (3) business days notify the
Complainant of the nature of the deficiencies identified. The
Complainant shall have five (5) business days within which to
correct any such deficiencies, failing which the arbitration
proceeding will be deemed withdrawn without prejudice to submission
of another Complaint by the Complainant in respect of the same
domain name. The Provider shall forward the Complaint to the
Respondent (together with the explanatory cover sheet prescribed
by the Provider's Supplemental Rules) within three (3) business
days of the receipt by the Provider of the Complainant's corrections
of the deficiencies in its Complaint.
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(c) |
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The date of commencement of the arbitration proceeding shall
be the date on which the Provider completes its responsibilities
under Paragraph 2(a) or 2(b) as the case may be in connection
with the forwarding of the Complaint to the Respondent.
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(d) |
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The Provider shall immediately notify the Complainant, the Respondent,
and HKDNR of the date of commencement of the arbitration proceeding.
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5.
The Response
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Within fifteen (15) business days of the date of commencement
of the arbitration proceeding the Respondent shall submit a
Response to the Provider.
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(b) |
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The Response shall be submitted in hard copy and (except to
the extent not available for annexes) in electronic form and
shall:
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(i) |
respond specifically to the statements and allegations contained
in the Complaint and include any and all grounds for the Respondent
to retain registration and use of the disputed domain name.
This portion of the Response shall comply with any word or page
limit set forth in the Provider's Supplemental Rules;
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(ii) |
provide the name, postal and email addresses, and the telephone
and facsimile numbers of the Respondent and of any representative
authorised to act for the Respondent in the arbitration proceeding;
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(iii) |
specify a preferred method for communications to be directed
to the Respondent during the course of the arbitration proceeding
(including the person to be contacted, method of communication,
and address information) for each of (A) electronic-only material
and (B) other material including hard copy;
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(iv) |
if the Complainant has elected a single-member panel in the
Complaint (see Paragraph 3(b)(iv)), state whether Respondent
elects instead to have the dispute decided by a three-member
panel;
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(v) |
if either the Complainant or Respondent elects a three-member
Panel provide the names of three (3) candidates to serve as
one of the Panelist (these candidates must be drawn from the
list of Panelists maintained by the Provider to which the Complaint
is submitted);
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(vi) |
if relevant identify any other legal proceedings that have been
commenced or terminated in connection with or relating to any
of the domain name(s) that are the subject of the Complaint;
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(vii) |
state that a copy of the Response has been sent or transmitted
to the Complainant, in accordance with Paragraph 2(b); and
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(viii) |
conclude with the following statement followed by the signature
of the Respondent or its authorised representative:
"Respondent certifies that the information contained in this
Response is to the best of Respondent's knowledge complete and
accurate, and that this Response is not being presented for
any improper purpose, such as to harass, and that the assertions
in this Response are warranted under the Dispute Resolution
Policy, the Rules of Procedure, [name of the Provider] Supplemental
Rules and under applicable law, as it now exists or as it may
be extended by a good-faith and reasonable argument."; and
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(ix) |
annex any documentary or other evidence upon which the Respondent
relies, together with a schedule indexing such documents.
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| (c) |
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If the Complainant has elected to have the dispute decided by
a single-member Arbitration Panel and the Respondent elects
a three-member Arbitration Panel, the Respondent shall be required
to pay one-half of the applicable fee for a three-member Arbitration
Panel as set forth in the Provider's Supplemental Rules. This
payment shall be made together with the submission of the Response
to the Provider. In the event that the required payment is not
made in such manner, the dispute shall be decided by a single-member
Arbitration Panel.
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(d) |
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At the request of the Respondent, the Provider may in its sole
discretion, in exceptional cases, extend the period of time
for the filing of the Response. The period may also be extended
by written stipulation between the Parties, provided the stipulation
is approved by the Provider.
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(e) |
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If a Respondent does not submit a timely Response, in the absence
of exceptional circumstances as determined by the Provider at
its sole discretion, the Arbitration Panel shall decide the
dispute based upon the Complaint and evidence submitted therewith.
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