Domain name disputes more than 90% choice of arbitration to solve the rare domestic business complaints

The intermediary transaction SEO diagnoses Taobao guest stationmaster buys the Cloud host technology Hall

As long as the annual cost of 320 yuan can register "my google. com" This domain name, similarly, spend 320 yuan per year also can register "Google online," "Google services, com" "Google products, com" and other domain names ...

This is the October 15 reporter in the domestic well-known domain name registration institutions China million network query results. Similarly, in the well-known domain name registration agencies www.whois.com and www.register.com input keywords, can also query the relevant domain name registration recommendations.

Perhaps, some people think that this is for the registration of domain names, investment in the domain name of "rice farmers" to provide thoughtful service. But on October 15 by the China international Economic and Trade Arbitration Commission (hereinafter referred to as trade Zhong), experts at the Hong Kong International Arbitration Center and the Asian domain name Dispute Resolution Center held a symposium on online dispute resolution of Asian domain name institutions, which is a typical inducement of improper registration of domain names, and the management of the domain Name System should strengthen the administration of registered institutions. and appropriate introduction of punishment system.

Domain name registration induces serious

In addition to "Google", add a prefix or suffix of Google's relevant domain name in each domain name registration agencies are also price, such as thebettergoogle.com, Googleysearch.net, greatgooglemap.com, Freegoogleguide.com all only need 9.88 dollars, and google.gov.cn first year needs 180 yuan, googleonline.tv each year to 500 yuan, the fee varies.

In this respect, China Academy of Social Sciences Intellectual Property Research Center deputy researcher Tang Guangliang bluntly: "Domain name dispute resolution is the domain Name system and domain name compliance, domain name registration system itself should first solve the registration system compliance." For the typical induction of the registration institution, if the management agency does not matter, the domain name dispute will be more and more. ”

In fact, the domain name controversy in recent years, the domain name registration guise, in addition to the role of the domain name registry, industry insiders also have to sigh: "Some people are too clever." ”

According to China International Economic and Trade Arbitration Commission statistics, the establishment of the domain name Dispute Resolution Center has been a total of more than 1800 cases, of which. cn domain name Dispute 1403,. com and other generic top-level domain disputes 368. Over the past 3 years, the annual domain name dispute Resolution Center to solve the case is around 260.

It is noteworthy that more than 89% of the claims of trademark rights holders have been supported. Only one complaint was dismissed this year at the end of July.

Increased registration of pinyin and combination graphics

Gioiani, secretary General of the dispute Resolution Center, said that, in the case currently entertained, in addition to the early years of corporate trademarks, trade names, merchandise name, etc. by others to be registered for sale or not into the actual use of the dispute, there are mainly four cases of cases.

One is to take the corporate brand of the car, the use of brand awareness to improve the site for commercial purposes of the click rate. such as ZTE, CN, has been registered as a Nanjing automobile sales and service company website, Bank of China, CN was registered as a Guangdong advertising company website, Alibaba General website is treated as a chemical product sales website.

Second, with the corporate trademarks, trade names and other similar logo by others, used to sell the rights of the goods or even counterfeit goods or with the right to compete with the rights of rival products, misleading the public. For example, pingan-china.cn was registered with an insurance website and resolved to the official website of the obligee, causing public confusion.

Third, the same trademark or trade name users before the registration, the latter may be lost on the network to use their own rights to identify the opportunity. For example, Renhe Pharmaceutical General website holder is not Jiang Xiren and group, but Shandong Renhe Pharmaceutical Co., Ltd.

Four is the trademark, the enterprise name and so on because does not have the significance, the enterprise therefore loses uses oneself to have the right marking the opportunity. such as the North, China, China's northern Industrial company has "North" trademarks and trade names, but the north, China will not have the necessary links with northern companies.

Beijing Victoria Poetry law firm partner Li Yanving told reporters, from the recent agent case, there is a trend, that is, pinyin and combination of graphics registration increased. In 2009 she represented a qinling.cn case, the domain name was registered for the "Qin Mausoleum" archaeological research. Although Shaanxi Qinling Bee Company's registered trademark for the "Qinling Qinling" combination of icons, but experts believe that there is no inevitable relationship between Qinling and Qinling, and was the complainant in good faith to use the domain name, so dismissed the complaint.

"Malicious" identification elements to make experts headache

Although 90% of the domain name complaints have been supported, but for the determination of one of the elements of "register the use of domain name malicious" but let the experts involved in the decision.

At present, the main basis for malicious determination is the "China Internet Network Information Center domain name Dispute Resolution" Nineth. Professor Tao Xinliang, dean of Intellectual Property College, Tongji University, argues that to prove malice is difficult, selling is not necessarily malicious, there is no specific sale or sale of the intention of the evidence will be considered insufficient proof. In addition, it is difficult to prove that a complaint has been made for damaging the reputation of the complainant by registering the domain name or in order to undermine the complainant's normal business activities, he suggested deleting the malicious elements.

Tang Guangliang agrees. "It's hard to prove that there is no malice. "Malice has become a dispensable condition," Tang Guangliang said. In practice, the work of the Panel is not to examine whether the complainant has provided malicious evidence, but rather to examine whether the complainant has provided evidence that is sufficient to negate malice or to prove goodwill. I think that there is no limitation of choice, which leads to the choice of approximate problem, as long as the complainant does not have a resounding reason, it does not protect. In fact, fewer cases have been dismissed simply because the complainants were not malicious. ”

Pan-China Intellectual Property Agency Co., Ltd. general manager Yangwenquan told reporters that he has been acting abroad a well-known brand case, although the brand in foreign reputation and in the domestic know a few, in the domestic domain name is registered, there is no proof of malice, the final complaint was dismissed.

Most of the complaints were filed by world-renowned companies

Gioiani said that the number of domain name disputes is increasing, but also to the domestic enterprises raised a wake-up call: should pay attention to the role of network identification in the dissemination of information.

It is reported that in the current complaints, the vast majority of complaints by world-renowned companies mentioned. Of the 205-CN cases concluded in 2009, only 12 were filed by domestic enterprises. Of the 82-CN cases concluded in 2010, only 6 were filed by domestic enterprises.

In addition, in the past 3 years no domestic enterprises to file a common web site complaints, only one domestic enterprises to mention wireless Web site complaints.

Reporter in the interview also learned that since the establishment of the trade-SEC domain name Dispute Resolution Center in 2000, because of its convenient and efficient, time-saving and labor-saving to become the main channel to resolve the dispute. According to statistics, the case was prosecuted to less than 5% of the court. However, some enterprises still do not know that there is such a dispute resolution mechanism. This reporter Singhong This newspaper intern Lin