A domain name with a registration period of two years cannot be brought to arbitration

Lawyer：

I heard that the online registration period of two years of domain name can not be brought to arbitration, this means that as long as someone else with my trademark registered domain name full two years, I will not be able to take back the domain name?

Reader: Huang

Huang Readers:

The network domain name dispute resolution mechanism is a new alternative dispute resolution method applicable to Internet domain name dispute dispute, which is not an arbitration procedure.

"China Internet Network Information Center domain name Dispute Resolution", the second clearly stipulates: The disputed domain name registration period of two years, the domain name dispute resolution body will not accept the relevant dispute complaint application.

Because the domain name dispute settlement procedure is only an alternative dispute resolution way, it cannot exclude the lawsuit procedure which is guaranteed by the state coercive power, such stipulation has nothing to do with the lawsuit limitation which the court determines the case.

The domain name dispute case belongs to the general civil dispute, applies the two year lawsuit limitation.

It should be noted that the commencement point of the limitation of action is "know or should know that the right is violated", in practice, for more than two years, "know or should know that the right has been violated", the defendant is often difficult to prove, and the limitation also has the suspension and the interruption situation.

For example: The 139th article of the general principles of Civil Law stipulates: "In the last six months of the limitation period of action, due to force majeure or other obstacles can not exercise the right of claim, the limitation of action is suspended." From the date of the suspension of the reasons for the elimination of the period of limitation of action continue to calculate. "140th stipulates:" The limitation of action due to the proceedings, the parties to request or agreed to perform obligations and interrupted.

From the time of interruption, the limitation period of the lawsuit is recalculated. ”

Therefore, in the civil Action, the network domain name after the registration of 20 years, the parties in the knowledge of their own rights and interests related to the domain name is registered by others for two years, can be filed with the domain name registrant Civil action.

For the network domain name registrant, as long as the domain name is still in the registration state, registration has not more than 20 years, there is the possibility of prosecution.