Chinese domain name is not easy to recall

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November 16 is the Chinese domain name formally accepted the first day of application, many famous names of Chinese domain name was registered, lawyers reminded-

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According to the information times, November 16 is the Chinese domain name officially accepted the first day of application, the application for registered domain name company doubled growth.

It is expected that the Chinese Internet users will be able to visit the website as early as next year.

Reporter contact more than domestic domain name registration website, the application of Chinese domain name registration orders significantly increased.

In the Chinese domain name formal acceptance of the first day also appeared the Chinese domain name registration tide. "Information times" reporter Login Cnnic website, casually use "Jay Chou", "Zuying", "Andy Lau" and other names search, found its Chinese domain name has long been registered.

Legal aspect

1. Is the Chinese domain name of the registered celebrity legal?

2. If you find that your Chinese name has been registered, can you take it back?

Lawyer interpretation

Key words: Preemptive

Domain Registration first-come-first-served to be properly protected

Wang, the chief executive officer of Beijing Middle run law firm, has long been engaged in it and Internet copyright-oriented intellectual property legal affairs.

Wang said that domain name registration follows the principle of "first application for registration". Once the domain name registration is successful, the registrant enjoys the property rights related to the domain name.

Chinese domain name in China vigorously promote the use of the purpose is to protect the Chinese Internet competition in the process of business interests, as long as the domain name does not violate the laws of the State and public order good customs, the collection, transfer or use are protected by law.

Registration is for reselling the court can be sentenced to invalid

Wang lawyer said, domain name registration also needs to follow the "good and good customs" principle, not harmful to the social public interest.

According to the Supreme People's Court on the trial of civil disputes involving computer network domain names of several issues related to the interpretation of law, the registration of some of the value of the domain name to resell the profits, may constitute malicious.

Malicious preemption is different from preemptive registration. Preemptive registration refers to the domain name by the first applicant to register all and use. and malicious registration refers to the domain name registered domain name, not to get and use, but in order to obtain improper benefits, or to prevent the normal use of the domain name.

The result of malicious registration of a domain name is to stop the infringement, cancellation of the domain name, or the plaintiff's request to register the use of the domain name by the plaintiff.

Where the right person causes actual damage, the court will also award damages to the defendant.

Key words: To return

Ordinary people name is not the only way to return to the domain name difficult

Wang lawyer said that the ability to return to their Chinese name to be registered in the domain name, mainly from the following considerations:

The first thing to look at is whether your Chinese name has celebrity value. Because the Chinese name does not have the ownership and the right to use the uniqueness, many citizen's Chinese name has the duplication phenomenon.

If the name does not have a celebrity, that is, there is no potential intangible value, it is difficult to claim the title of the domain name to be registered.

It's hard to get the names of celebrities to be used properly.

Wang lawyer said that even if the name of a celebrity is registered as a domain name, if the registration is for the purpose of legitimate use, consistent with the principle of good custom, then this celebrity want to return to the domain name is also more difficult.

If the perpetrator's behavior is malicious and has a great influence on the reputation rights of all the Chinese names, or if the registration is in accordance with the malicious circumstances stipulated by law, the domain name can be returned by legal means.

Related reminders

There are two ways to resolve domain name disputes

Method One: Domain name Dispute Resolution Center to apply for arbitration.

Lawyers remind: To apply for arbitration to resolve domain name disputes, use relatively few, the cost is also low. Method II: In the name of the other party infringement and unfair competition to bring a lawsuit in the court. Lawyer remind: Before a lawsuit to have "fight protracted war" psychological preparation.