CNNIC Domain Name Dispute Resolution Procedure Rule 3

Chapter III complaints

Article 21 any institution or individual may file a complaint with a domain name dispute resolution institution authorized by the China Internet Network Information Center in accordance with the solution and Rules of Procedure to initiate resolution of domain name disputes program.

Article 21 The complaint shall be submitted in the form of an electronic document (except for the failure to submit an electronic document complaint or an attachment without an electronic document format) and shall include the following content:

(1) clear requests for trial and award in accordance with the solution and procedural rules;

(2) name (name), postal address, email address, contact number, and fax number of the complainant and its agent;

(3) whether it is an electronic or tangible written file, it shall indicate the preferred method for contacting the complainant in the domain name dispute resolution procedure, including the contact person, contact information and contact address;
 
(4) whether to choose the expert responsible for dispute handling, and whether to choose one or three expert groups. If the three-person expert group is selected to decide the dispute, the claimant should select three experts as the candidate from the expert list of the domain name dispute resolution institution and specify the name of the expert. The claimant can also authorize the domain name dispute resolution agency to designate an expert on behalf of the respondent;

(5) indicate the name (name) of the respondent (domain name holder) or its representative and agent as far as he knows) and detailed contact information (including all postal addresses, email addresses, contact numbers, and fax numbers ). The above information should be detailed enough to allow the domain name dispute resolution agency to transmit the claimant's complaint to the respondent in the manner specified in these rules;

(6) indicate the domain name to be disputed;
 
(7) determine the registration service institution and/or registration agency for the disputed domain name;

(8) the claimant's complaint is based on all the rights or legitimate interests of the domain name under dispute, along with information that can indicate the status of rights;
 
(9) according to the solution, describe the reasons for the complaint, especially the following:

1. The name or sign of the respondent's (domain name holder) domain name is the same as that of the respondent's civil rights, or is similar enough to cause confusion;
2. The respondent (domain name holder) does not enjoy legal rights or interests in the domain name or its main parts;
3. The respondent (the domain name holder) is malicious in registering or using the domain name;
(For example, the claimant shall describe all aspects set forth in Article 9 of the solution. The description shall comply with the limit on the number of words or the number of files set forth in the supplementary rules of the domain name dispute resolution institution .)

 

(10) relief methods sought in accordance with Article 13th of the solution;

 

(11) if there is a judicial or arbitration process initiated in connection with a dispute over the same domain name, it shall be stated whether or not such procedure has been completed and submitted in connection with the procedure, all information that the claimant can obtain;

(12) the complaint shall end with the following statement, signed or stamped by the complainant or its legal representative or authorized representative:
 
"The complainant confirms that the complaint is based on the" China Internet Network Information Center domain name dispute resolution measures "," Rules for procedures for resolving domain name disputes in China Internet Network Information Center ", and relevant laws; as far as I know, the information contained in the complaint is complete and accurate. The complaints and claims are only for registered domain name holders and do not involve domain name dispute resolution agencies and expert groups, it does not involve domain name registration management institutions, registration service organizations, registrars, and domain name registration agencies."
 
(13) as an attachment, submit documents that prove the right and any other relevant documents.

Article 21 A complaint may be filed against multiple domain names registered by the same domain name holder.
 
Article 21 after receiving a complaint, the domain name dispute resolution agency shall conduct a formal review of the complaint in accordance with the solution, procedural rules, and supplementary rules.

 

If the domain name dispute resolution institution finds that the complaint meets the requirements for acceptance, it shall deliver a copy of the complaint to the respondent's domain name holder in accordance with the rules after receiving the fee paid by the claimant in accordance with the provisions of these rules; if the complaint is found to have defects in the form, the domain name dispute resolution agency should promptly notify the claimant and request that it modify the complaint within the prescribed time limit. If the claimant fails to modify the complaint within the prescribed time limit, or the modified document still does not meet the requirements, the complaint is deemed to be withdrawn upon written notice from the domain name dispute resolution agency.

Article 14 The date on which the domain name dispute resolution agency delivers the complaint to the respondent in accordance with Article 5 of the rules of procedure shall be the official start date of the domain name dispute resolution procedure.

Article 21 The domain name dispute resolution agency shall promptly notify all parties and domain name registration service organizations and the China Internet Network Information Center of the start date of the dispute resolution procedure.