29 Rights Protection Mechanisms

Prototypical answer:

Our registry will put Rights Protection as a core objective. It will comply with policies and practices that minimise abusive registrations and other activities that affect the legal rights of others. The registry shall comply fully with the mandate of Rights Protection Mechanisms set by ICANN from time to time such as the Dispute Resolution Policy that is based upon the Uniform Dispute Resolution Policy (UDRP), the provision of searchable WHOIS information for the use by the public. The ICANN mandatory requirements shall also be indicated in the Registry-Registrar Agreement which all the registrars shall agree and accept so before becoming the registrars. Besides, the registry shall impose additional mechanism for the rights protection (RPM):

Pre-Launch of domain name
Providing Sunrise Period before Official Launch of domain
If the .MTR TLD is opened to other people apart from internal use, our registry will provide a Sunrise Period before fully opening the domain registration to all eligible applicants. This is to ensure systematic and coordinated implementation of the domain name. During the Sunrise Period, the domain application will not be processed on a first-come-first-served basis, but pursuant to the specific Sunrise Period Rules

The registry will formulate policies with Rights Protection as major consideration. The policy may consider the below metrics for entitling priority of registration:
(i) Registered Trade Mark – the registry may use a trademark clearinghouse to vet the trademark or liaise with the local trademark registry for the official way of verifying trademarks. If there is more than one domain applicant holding the same trademark from different registries, the registry will consider the age of the trademark holding. The older the ownership, the higher priority the trademark owner will get.
(ii) Company Name or legal name (if the applicant is a person) of the domain name applicant
(iii) Random Draw – when no applicants are holding any trademarks or with the same legal name, random draw will be conducted as a fair allocation.

Post Launch of Domain Name
The Provision of Document before accepting a domain name registration
During any period, an applicant shall provide document to prove its eligibility before the registrar can accept the domain name application. This will minimise the risk of bogus party registering domain names for malicious or abusive purpose.

Random Verification Process
Random verification process will be conducted periodically to check if a registrant is still part of the corporation. If any dissolution of the registrant’s status is found, registrar can recovery the domain name and make it available for registration again. This kind of requirement will be stated on the registration agreement where the registrant shall agree to and accept when applying for a domain name.

Proactive detection of risky websites
Our registry operator will scan all the websites under .MTR once every quarter and identify any domain names that are having risky website e.g. due to malware injection etc. The registry operator will alert the registrars and requested the relevant registrar to look into the issue by checking if the use of the domain name is of malicious purpose or the website is just compromised by someone else. Registrar shall inform the registrant to fix the problem, or in the case of malicious use, the registrar shall cancel the domain name registration.

Recognition of “trustworthy” registrars – the registry will conduct audit check by picking samples every quarter. Registrars are awarded the “trusted registrar” recognition if they did well on abuse prevention and mitigation. The award may include having a trusted logo on their website etc.

Thick WHOIS
Registry operator shall receive and keep all the WHOIS contact information for all the domain names of .MTR. Registry operator can therefore be aware of any abusive registration of the domain name.

Dispute Resolution Policy (DRP)
By applying to register a Domain Name, or by asking the registrar to maintain or renew a Domain Name registration, the registrant shall represent and warrant to the Registrar and the registry that: (a) the statements that the registrant made in the Registration Agreement or provided to the registrar in the course of processing the domain name application are complete and accurate; (b) to the best of the registrant’s knowledge and belief, the domain name the registrant is applying for will not infringe or otherwise violate the legal rights of any third party; (c) the registrant intends to use the domain name; (d) the registrant’s use of the domain name shall be bona fide for the registrant’s own benefit and shall be for lawful purposes; (e) the registrant will not knowingly use the domain name in violation of any applicable laws and regulations; (f) all information of the Registrant, or any agent the registrant provides to the registrar and the registry, including further additions or alterations to such information, is complete and accurate; and (g) in the event that the registrant receives notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, the registrant will immediately send to the registrar a written notice notifying the registrar of such claim, action or demand, and the registrar shall notify the registry. It is the registrant’s responsibility to determine whether the registrant’s domain name registration infringes or violates someone else’s rights.

The registrant shall also agree to and accept the dispute resolution policies (it is formulated based on the Uniform Domain Name Dispute Resolution Policy UDRP). Everyone from the public can file a complaint to the dispute resolution service provider (an independent professional body). The proceeding will be arbitration where the result rendered will be final and binding. The complainant, when filing a complaint shall provide evidence showing that:
(i) the registrant’s domain name is identical or confusingly similar to a trademark or service mark in Hong Kong in which the complainant has rights, and
(ii) the registrant has no rights or legitimate interests in respect of the domain name, and
(iii) the registrant’s domain name has been registered and is being used in bad faith, and
(iv) if the domain name is registered by an individual person, the registrant does not meet the registration requirements for the individual category of domain name.

The decision of DRP will include cancellation of the domain name registration, transfer of the domain name to the complainant or the denial of the complaint so the domain name will be registered by the current registrant.

Uniform Rapid Suspension System (URS)
The registry operator shall also implement an ongoing policy of URS. Trademark holder can have a quick and low-cost procedure to take down infringing websites. The time needed to shorter than choosing UDRP. The domain name will not be deleted or transferred to the trademark holder if it is in a favourable decision for the complainant. It will result in the suspension of the domain name and that the domain name will be pointed to a mandatory placeholder page for the remaining registration period.

Termination of domain name if Name Server is not operating for a period of time
By applying for the domain name, the domain name applicant shall agree to and accept the registration policies. The registration policies state that the domain name can be cancelled by the registrar if the name servers listed in the registrant’s application are not fully set up, operational or connected to the Internet within thirty (30) calendar days after the activation date or if the name servers persistently do not respond to the queries in relation to the domain name. This kind of cancellation arrangement is to minimise the possibility that the domain name is used in bad faith or the applicant registering a domain in order to disallow other party to use the domain name.

Rapid Suspension Policy
By applying for the domain name, the domain name applicant shall agree to and accept the registration policies. The registration policies state in relation to rights protection of the domain name, that under the below situation, the registrar can delete the domain name registration immediately:
(i) if the registrant uses or allows the Domain Name to be used, or acquiesces to the Domain Name being used, in any manner or for any purpose which is illegal or which otherwise violates any law, rule, regulation, order or other legal instrument in force in Hong Kong, or if there are reasonable grounds to believe that the Registrant has done or is doing so;
(ii) if the registry or the registrar believe, on reasonable grounds, that allowing the registration of the Domain Name to continue is likely to put the registry or the registrar in conflict with any statutory obligations or the terms of a local court order;
(iii) the registrant breaches any of the terms of these registration Policies; or
(iv) in the registry’s or the registrar’s determination, fraud was committed in the registration process for the Domain Name, any information provided by the registrant is false or misleading, or any information which is material to the decision to register the domain name or to continue to provide the registrant with domain name registration services has been concealed or omitted; or

Provide a contact point to report abuse case – a contact point (including a dedicated email address and the provision of phone no.) is provided for the reporting of abuse cases. This contact information will also be indicated on the website of the registrars and registry. The searchable WHOIS information also contains registrar contact information. A service pledge of responding to the report within a specific time e.g. one day will also be set up.

Minimise abuse in the application process
(1) Not providing domain name tasting
Our registry will not provide domain name tasting service understanding that this arrangement may be abused by registrants to test the popularity of the domain name. As a consequence, the domain name may be made available for sales at a higher price to the trademark holder.

(2) Control of repeated applications
Domain name applicants might abuse the window of document submission period for holding up the domain name from others. The registry will ban the domain name from being registered online if there is a certain number of consecutive failed domain applications within a period of time by the same applicant. Any party wishes to apply for the domain name shall send to the registrar the document and payment before they can apply for the domain name.

(3) Will not provide information of newly released domain name
Some registries providing that a list of newly released names were challenged by the public because people could abuse this arrangement by registering the newly released domain name, then solicit to sell name at an unreasonably higher price to the previous domain registrant (whose forgot to renew their domain name). As right protection is our core objective, we do not intend to provide this service to the public.

Prevent abusive registration
We have several measures to prevent abusive registration, including:

(a) Providing sunrise period before official launch of domain name - If the .MTR TLD is opened to other people apart from internal use, our registry will provide a Sunrise Period before fully opening the domain registration to all eligible applicants. This is to ensure systematic and coordinated implementation of the domain name. During the Sunrise Period, the domain application will not be processed on a first-come-first-served basis, but pursuant to the specific Sunrise Period Rules. Paragraph 2 above describes this in details.
(b) Random verification process - Random verification process will be conducted periodically to check if a registrant is still in existence. If any dissolution of the registrant’s status is found, registrar can recovery the domain name and make it available for registration again. This kind of requirement will be stated on the registration agreement where the registrant shall agree to and accept when applying for a domain name.
(c) Proactive detection of risky website - Our registry operator will scan all the websites under our gTLD once every quarter and identify any domain names that are having risky website e.g. due to malware injection etc. The registry operator will alert the registrars and requested the relevant registrar to look into the issue by checking if the use of the domain name is of malicious purpose or the website is just compromised by someone else. Registrar shall inform the registrant to fix the problem, or in the case of malicious use, the registrar shall cancel the domain name registration.
(d) Recognition of “trustworthy” registrars - the registry will conduct audit check by picking samples every quarter. Registrars are awarded if they did well on abuse prevention and mitigation. The award may include having a trusted logo on their website etc.
(e) Not providing domain name tasting - Our registry will not provide domain name tasting service understanding that this arrangement may be abused by registrants to test the popularity of the domain name. As a consequence, the domain name may be made available for sales at a higher price to the trademark holder.
(f) Control of repeated applications - Domain name applicants might abuse the window of document submission period for holding up the domain name from others. The registry will ban the domain name from being registered online if there is a certain number of consecutive failed domain applications within a period of time by the same applicant. Any party wishes to apply for the domain name shall send to the registrar the document and payment before they can apply for the domain name.
(g) Will not provide information of newly released domain name - Some registries providing that a list of newly released names were challenged by the public because people could abuse this arrangement by registering the newly released domain name, then solicit to sell name at an unreasonably higher price to the previous domain registrant (whose forgot to renew their domain name). As right protection is our core objective, we do not intend to provide this service to the public.
(h) Thick WHOIS - Registry operator shall receive and keep all the WHOIS contact information for all the domain names of this gTLD. Registry operator can therefore be aware of any abusive registration of the domain name.



Identify and address the abusive use of domain name in an ongoing basis
We have ways to identify and address the abusive use of domain name, including:
(a) The implementation of Dispute Resolution Policy – any third parties can identify the domain name that has been used in bad faith by filing a complaint to the dispute resolution service provider. Dispute resolution policy and its rules of procedure stipulates the way to identify and resolve the dispute.
(b) The implementation of Uniform Rapid Suspension System – it provides a simpler way for trademark holder to resolve the dispute issue. The time needed to shorter than choosing UDRP. The domain name will not be deleted or transferred to the trademark holder if it is in a favourable decision for the complainant. It will result in the suspension of the domain name and that the domain name will be pointed to a mandatory placeholder page for the remaining registration period.
(c) Termination of domain name if name server is not operating for a period of time – this is also a way we can identify any registration of domain name that they were not using the domain name but may holding the domain name for some other purpose. The registrar can have the right to cancel the domain name registration.
(d) Rapid suspension policy –By applying for the domain name, the domain name applicant shall agree to and accept the registration policies. The registration policies state in relation to right protection of the domain name, that under the below situation, the registrar can delete the domain name registration immediately. This is the way the registrar can address and resolve the identified cases.
(e) Provide a contact point to report abuse case – a contact point (including a dedicated email address and the provision of phone no.) is provided for the reporting of abuse case. This helps to identify any abusive use of the domain name. This contact information will also be indicated on the website of the registrars and registry. The searchable WHOIS information also contains registrar contact information. A service pledge of responding to the report within a specific time e.g. one day will also be set up.


Resources Plan
As this new gTLD is for internal use, there will only be 〈10 domain names registered 1 to 2 staff (multifunctional) will be allocated by the registry operator. The cost would be covered by the registry operations yearly fee. The staff will work on:
Set Up
The experienced registry operator will prepare the registration policies. It includes drafting of registry-registrar agreement and its policies, dispute resolution policies, uniform rapid suspension system and its rules of procedure and the operational policies, mandatory provisions etc., internal procedure formulation, liaison with the registrars for the procedure.
Operations
Operations are also conducted by the registry operator. Their work will include:
(a) monitoring of the registrar completion of document vetting includes new registration and random verification
(b) handling of abuse email and its follow up
(c) monitoring of registrars handling of the communication and execution of the dispute case
(d) monitoring of the registration pattern and decide if additional measure is required when new abusive pattern is found.
(e) regular liaison with dispute resolution service providers, CERT and law enforcement agencies to identify trend of abuse and prevention.
(f) monitoring of the registrars’ compliance and award the registrars who stick to the process.
(g) arranging of scanning of risky website using public tools.

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