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Domain Name Dispute Resolution (DNDR)

The KLRCA has been appointed by the Malaysian Network Information Centre (MYNIC)’s which administers .my to offer domain name dispute resolution services. KLRCA has recognised the need to offer dispute resolution services in light of the growing importance of intellectual property rights.

Only disputes over .my country code top level domain names can be settled through domain name dispute resolution proceedings in Malaysia. This is because only .my country code top level domain names can be registered in Malaysia with the Malaysian Network Information Centre (MYNIC).

A domain name dispute essentially means a dispute concerning the registration and/or use of a domain name. There is an increase in the domain name disputes in the recent years as domain names have become important identifiers to businesses and are protected by intellectual property rights.

Domain name disputes generally arise from the practice of cybersquatting. Cybersquatters would normally register several variations of domain names to sell at higher prices compared to the registration cost. This is due to the fact that domain name registration system is on a first come, first served basis and domain name registration service providers do not screen the filing of potentially problematic names as there are difficulties in determining who holds the rights to a name.

All domain name disputes are governed and administered in accordance with MYNIC’s Domain Name Dispute Resolution Policy (MYDRP), Rules of the MYDRP and KLRCA Supplemental Rules.

The Malaysian model of the UDRP is the Malaysian Network Information Centre’s Domain Name Dispute Resolution Policy, succinctly known as MYDRP. MYDRP was designed by MYNIC together with the Rules of the MYDRP and the Supplemental Rules for the KLRCA.

For guidance on filing a domain name dispute case, please peruse the Process Flow Chart, and submit the completed forms to KLRCA. Please do not hesitate to call the Centre should you require any assistance.

MYNIC

MYNIC [legal entity being MYNIC Berhad (Company No: 735031-H)] is the sole administrator for web addresses that end with .my in Malaysia.

MYNIC is the registry and registrar for the .my domain, and comprises the following departments: registration, billing, system administration, policy, corporate services, technology & innovation and corporate communication.

MYNIC is an agency under the Ministry of Communications and Multimedia Malaysia (KKMM) and is regulated by the Malaysian Communication and Multimedia Commission (MCMC).

MYNIC administers the name space for the .my top level domain (TLD). This involves the registration of domain names as well as the maintenance and operation of a domain name registry (a central database for .my domain names).

Forms

In preparation of filing of complaints or responses, parties are advised to refer to the MYDRP Rules, Supplemental Rules, MYDRP Policy, Schedule of Fees and the Process Flow Chart. Parties are required to fill in the necessary forms, which can be downloaded from this website. The forms are laid out in accordance to the process flow.

All communication between parties and Provider must be submitted in hard copy and in electronic form to the Domain Name Case Administrator at:

Domain Name Dispute Resolution Services
Kuala Lumpur Regional Centre for Arbitration
Bangunan Sulaiman, Jalan Sultan Hishamuddin
50000 Kuala Lumpur
Tel: +603 – 2271 1000
Fax: +603 – 2271 1010
Email: [email protected]

1. Complaints

To be filled in by Complainant
For submission of complaint, please fill in Form A – Complaint in Accordance with the MYNIC’s (.my) Domain Name Dispute Resolution Policy (this form is attached to Complaint Transmittal Coversheet).

2. Complaint Notifications

To be filled in by Provider
If the complaint satisfies the formal requirements of the Policy, Rules and Supplemental Rules:

3. Responses

To be filled in by Respondent
For submission of response within fifteen (15) working days from the date the Proceeding commences, please fill in Form B – Response in Accordance with the MYNIC’s (.my) Domain Name Dispute Resolution Policy.

For extension of time required for submission of Response, please fill in Form C – Request for Extension of Time to Respond to Complaint.

4. Reply

To be filled in by Complainant
For submission of reply to the response within five (5) working days, please fill in Form D – Reply in Accordance with the MYNIC’s (.my) Domain Name Dispute Resolution Policy.

If the Complainant wishes to withdraw the case, please fill in Form E – Withdrawal of Case (Specify *Before Panel Appointment/*After Panel Appointment and Before Panel Decision).

5. Payment of Fees

To be filled in by Complainant
If there is no dispute over the number of Panellists, please fill in:

  • Form K – Acknowledgement of Payment of Fees (Single Panellist) for payment of fees for a Single Panellist
  • Form L – Acknowledgement of Payment of Fees (Three-member Panel) for payment of fees for a Three-member Panel by the Complainant

To be filled in by Respondent
If the Respondent opts for a Three-member Panel, please fill in Form N – Acknowledgement of Payment of Fees (Three-member Panel) for payment of the other half (1/2) of the fees.

To be filled in by Provider
If the Complainant fails to make any payment within five (5) working days from the submission of Complaint, the Complainant will receive notification on the withdrawal of the case in this format: Form O – Notification Withdrawal of Case.

6. Appointment of Panel

To be filled in by Panellist(s)
If nominated Panellist(s) accept/s or decline appointment, please fill in:

To be filled in by Provider

7. Proceedings

To be filled in by Provider
Once the Panel is appointed:

To be filled in by Panel
If any Court action or arbitration proceedings are initiated before or during a Proceeding in respect of the domain name(s):

  • If the Panel decides to suspend the proceeding, please fill in Form I – Suspension of Proceeding by the Panel.
  • If the case is withdrawn, please fill inForm G – Notification of Termination of Proceeding by the Panel. Form G has to be sent together with the Communication of Termination of Proceeding by the Panel.

To be filled in by Provider

If there is a need to request for further statements from either/both Parties, or to conduct in-person hearings:

To be filled in by Panel

  • To request for further statements, please fill in Form J – Request for Further Statements.

To be filled in by Parties

  • To request for in-person hearings, please fill in Form P – Request for In-Person Hearings.

To be filled in by Panel
Once the decision is made, please fill in Form H – Notification of Decision by the Panel to the Kuala Lumpur Regional Centre for Arbitration for notification of the decision made by the Panel to the Centre.

8. Case File

To be filled in by Provider
After each case is concluded, the Provider will send out the completed Case File Chronology to the Parties and Panel.

Fee Structure

The fees are calculated based on the panel composition and the number of domain names in dispute. Please refer to Fee Schedule for details.

All payments should be made in favour of the Kuala Lumpur Regional Centre for Arbitration to the following account:
Name of Bank: Maybank Berhad
A/C No: 5143 5680 7190
Address: Wisma Genting,
Jalan Sultan Ismail,
50250 Kuala Lumpur.

Cases

Cases are posted online after a MYDRP case number has been assigned to it. The outcome of individual Complaints will be posted in the Decision’s section as they become available.

  1. COBWEB SDN BHD vs INFOTOUCH SOLUTION PROVIDER
  2. USANA HEALTH SCIENCES, INC vs MYBIDS ENTERPRISE
  3. GUOLINE INTELLECTUAL ASSESTS LIMITED vs NAMEVIEW, INC
YEAR CASE NUMBER DOMAIN NAME(S) COMMENCEMENT DATE CASE STATUS
2003 RCA/DNDR/2003/01(INT.) volkswagen.com.my 27/06/2003 Transfer
2004 RCA/DNDR/2004/02 boss.com.my 18/06/2004 Transfer
2004 RCA/DNDR/2004/03 manulife.com.my 06/09/2004 Terminated
2004 RCA/DNDR/2004/04 360agaricus.com.my 29/10/2004 Transfer
2004 RCA/DNDR/2004/05 Ledtronics.com.my 09/11/2004 Remain
2005 RCA/DNDR/2005/06 nikon.com.my 3/10/2005 Terminated
2005 RCA/DNDR/2005/07 myflower.com.my 29/11/2005 Transfer
2006 RCA/DNDR/2006/08 samsung.com.my 19/04/2006 Terminated
2006 RCA/DNDR/2006/09 waterboss.com.my 7/07/2006 Remain
2007 RCA/DNDR/2007/10 simedarby.com.my 23/05/2007 Transfer
2007 RCA/DNDR/2007/11 firefly.com.my 30/05/2007 Transfer
2007 RCA/DNDR/2008/12 apple.com.my 13/12/2007 Transfer
2008 RCA/DNDR/2008/14 nikon.my 19/04/2008 Remain
2008 RCA/DNDR/2008/15 budget.com.my 29/04/2008 Transfer
2008 RCA/DNDR/2008/16 mumcentre.com.my 21/07/2008 Transfer
2008 RCA/DNDR/2008/13 herbalife.com.my 25/03/2008 Terminated
2009 RCA/DNDR/2009/17 google.my 2/03/2009 Transfer
2009 RCA/DNDR/2009-18 legoland.com.my & legoland.my 14/5/2009 Pending
2010 RCA/DNDR/2010/21 bestoffer.my 5/5/2010 Remain
2010 RCA/DNDR/2010/22 usana.com.my 28/06/2010 Remain
2010 RCA/DNDR/2010/23 michaelpage.my 18/10/2010 Terminated
2011 RCA/DNDR/2011/24 paypal.com.my 13/04/2011 Transfer
2011 RCA/DNDR/2011/25 groupon.com.my 13/04/2011 Terminated
2011 RCA/DNDR/2011/26 groupon.my 13/04/2011 Terminated
2011 RCA/DNDR/2011/27 propertyguru.com.my 19/07/2011 Transfer
2012 RCA/DNDR/2012/28 taobao.com.my 23/04/2012 Transfer
2012 RCA/DNDR/2012/29 capitalone.com.my 17/7/2012

terminated

Decisions

CASE NUMBER COMPLAINANT RESPONDENT DOMAIN NAME DECISIONS
RCA/DNDR/2003/01(INT) Volkswagen Group Singapore Pte Ltd. Webmotion Design volkswagen.com.my Transfer
RCA/DNDR/2004/02 Hugo Boss AG Eppies Internet boss.com.my Transfer
RCA/DNDR/2004/04 NEP Holdings (Malaysia) Berhad Liew Bin Dian t/a C&C Network 360agaricus.com.my Transfer
RCA/DNDR/2004/05 Ledtronics, Inc. Letronics Sdn. Bhd. ledtronics.com.my Remain
RCA/DNDR/2005/07 Netflowers Pte Ltd Chan Hong Mun t/a MyMall Dot Com Enterprise myflower.com.my Transfer
RCA/DNDR/2006/09 William R. Hague Inc. dba Hague Quality Water International Water N Boss Marketing Sdn. Bhd. waterboss.com.my Remain
RCA/DNDR/2007/10 Sime Darby Berhad e Web Solutions simedarby.com.my Transfer
RCA/DNDR/2007/11 FlyFirefly Sdn Bhd Nikabina IT MSC Sdn Bhd firefly.com.my Transfer
RCA/DNDR/2008/12 Apple Inc. Eppies internet apple.com.my Transfer
RCA/DNDR/2008/14 Nikon (Malaysia) Sdn Bhd First web Enterprise nikon.my Remain
RCA/DNDR/2008/15 Budget Rent A Car System Inc Budget Rent-A-Car Sdn Bhd budget.com.my Transfer
RCA/DNDR/2008/16 BDMG Pte Ltd Acme Positive Sdn Bhd mumcentre.com.my Transfer
RCA/DNDR/2009/17 Google Inc Digiattack google.my Transfer
RCA/DNDR/2009/18 Lego Juris A/S Natah Media legoland.com.my & legoland.my Transfer
RCA/DNDR/2009/19 Hotnet Sdn Bhd Web Business Solutions Sdn Bhd marimari.com.my Transfer
RCA/DNDR/2010/21 CobWeb Sdn. Bhd. Infotouch Solution Provider bestoffer.my Remain
RCA/DNDR/2010/22 Usana Health Sciences, Inc. Mybids Enterprise usana.com.my Remain
RCA/DNDR/2011/24 Paypal Inc Webpod.com paypal.com.my Transfer
RCA/DNDR/2012/28 Alibaba Group Holding Limited Microit Technology (M) Sdn Bhd taobao.com.my Transfer
RCA/DNDR/2012/30 TRS QUALITY, INC ALPHA CONSTANT SDN. BHD. radioshack.com.my Transfer
KLRCA/DNDR-239-2014 Mudah.my Sdn Bhd Scalable Systems mudah2u.my Transfer
KLRCA/DNDR-268-2014 Manchester United Limited (previously Manchester United Plc) Asia Bureau.com Sdn Bhd manutd.my Transfer
KLRCA/DNDR-278-2014 Transplace Texas, LP Transplace Logistics Sdn Bhd transplace.com.my Transfer
KLRCA-DNDR-314-2015 Green Hills Holding Company Graphic Bay Creation topoil.com.my Remain
KLRCA/DNDR-382-2016 Facebook, Inc Joey Lee facebook.my & facebook.com.my Transfer
KLRCA/DNDR-373-2016 Celcom Planet Sdn Bhd OC Tech www.shockingdeals.com.my Transfer
KLRCA/DNDR-427-2016 NAOS (merged in 2016 with INSTITUT ESTHEDERM in France, which was formerly named SA LABORATOIRES ESTHEDERM) Relax Beauty House esthederm.com.my Remain
KLRCA/DNDR-502-2017 TENCENT HOLDINGS LIMITED  Relax Beauty House esthederm.com.my Remain
KLRCA/DNDR-427-2016 NAOS (merged in 2016 with INSTITUT ESTHEDERM in France, which was formerly named SA LABORATOIRES ESTHEDERM) Relax Beauty House esthederm.com.my Remain
KLRCA/DNDR-507-2017 NAOS (SA LABORATOIRES ESTHEDERM) RELAX BEAUTY HOUSE esthederm.com.my Transfer
KLRCA/DNDR-502-2017 TENCENT HOLDINGS LIMITED HAPPY CLICK SDN BHDE wechat.my
wechat.com.my
Transfer
KLRCA/DNDR-503-2017 TENCENT HOLDINGS LIMITED THAI AMULET TECHNOLOGY wechatpay.my
wechatpay.com.my,
weixin.com.my
tenpay.com.my
tenpay.my
Transfer

Announcements

KLRCA and BNNIC collaboration

On February 26, 2015, the Brunei Darussalam Network Information Centre Sdn Bhd (BNNIC) signed an agreement with the KLRCA, thereby consolidating the appointment of the latter as the administrator of all disputes pertaining to either the registration or use of .bn, the Brunei country-code top-level domain name (ccTLD) whose regulation and management remains the sole preserve of the BNNIC.

The KLRCA is the first dispute resolution services provider sanctioned by the BNNIC to administer disputes between third parties and registrants of a .bn domain name. This venture will serve not only to spur the development and advancement of the KLRCA’s existing domain name dispute resolution (DNDR) facilities, but also heralds the advent of a new era of closer collaboration with the BNNIC, ultimately contributing towards the establishment of the KLRCA as a preeminent regional venue for domain name dispute resolution services.
The KLRCA is an experienced service provider in the domain name arena. It has been the exclusive service provider of the .my domain name appointed by the Malaysian Network Information Centre (MYNIC). It is also the Kuala Lumpur office under the umbrella of the Asian Domain Name Dispute Resolution Centre, administering other generic Top Level Domains.

Pursuant to the various obligations elaborated in the agreement, which takes effect from January 15, 2015, the KLRCA undertakes to provide a number of core and ancillary services concomitant to the DNDR process including, chiefly, the expeditious administration of all proceedings in a manner compliant with the BNNIC’s Brunei Darussalam Domain Name Dispute Resolution Policy (BDRP) and its corresponding Rules and Supplemental Rules and the comprehensive training of Panellists. These Supplemental Rules will be utilised in tandem with the existing BDRP and BDRP Rules in the administration of proceedings and are primarily aimed at bridging any outstanding procedural gaps. This provides the framework for a convenient DNDR procedure that is both time and cost effective.