Law applicable to civil disputes involving computer network domain names

In order to correctly hear civil dispute cases involving the registration and use of computer network domain names (hereinafter referred to as domain name dispute cases), according to the general rules of civil law of the People's Republic of China (hereinafter referred to as general principles of civil law), the People's Republic of China anti-Unfair Competition Law (hereinafter referred The provisions of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as Civil Procedure Law) shall be construed as follows:

In the case of civil disputes involving the registration and use of domain names of computer networks, the People's Court shall accept the lawsuit brought by the parties to the People's Court, which complies with article 108th of the Civil Procedure Law.

The second case of infringement dispute involving domain name shall be governed by the Intermediate People's Court in the place of infringement or the defendant's domicile. Where it is difficult to determine the location of the infringement and the defendant's domicile, the plaintiff discovers that the computer terminal of the domain name can be regarded as a tort.

The case of foreign domain name dispute includes a case of a domain name dispute involving a party or two parties being a foreigner, stateless person, foreign enterprise or organization, international organization, or domain name registration in a foreign country. The cases of foreign domain name disputes occurring in the territory of the People's Republic of China shall be governed by the provisions of part Fourth of the Civil Procedure Law.

The third case of domain name disputes, according to the nature of the legal relationship between the parties to determine, and in its former name computer network domain names; the nature of the dispute is difficult to determine, it can be referred to as the computer network domain name dispute case.

Fourth the People's court hears the domain name dispute case, to meet the following conditions, the defendant should be found to register, use domain name and other acts constitute infringement or unfair competition:

(a) The civil rights and interests of the plaintiff's request for protection are lawful and valid;

(b) The defendant's domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark of the plaintiff, or the same or approximate to the plaintiff's registered trademark or domain name, sufficient to cause the relevant public to be mistaken;

(c) The defendant does not have an interest in the domain name or its main part and does not have a valid reason for registering or using the domain name;

(d) The defendant has malicious intent to register and use the domain name.

Fifth the defendant's conduct is proved to have one of the following circumstances, the people's Court shall determine that it has malice:

(a) registering a well-known trademark of another person for commercial purposes as a domain name;

(b) Registering for commercial purposes, using the same or similar domain names as the plaintiff's registered trademarks, domain names and so on, intentionally causing confusion with the product, service or plaintiff's website provided by the plaintiff, and misleading the network user to visit their website or other online site;

(c) Having offered a high price for sale, letting or otherwise transferring the domain name to obtain improper benefits; Sixth the people's Court to hear the domain name dispute case, according to the parties ' request and the case of the specific circumstances, may be involved in the registration of trademarks are recognized according to the law.

Seventh the People's Court in the adjudication of domain name disputes, in accordance with the provisions of article Fourth of this interpretation of the circumstances, according to the relevant legal provisions constitute infringement, shall apply the corresponding legal provisions, the formation of unfair competition, the general rules of civil law fourth, the anti-unfair competition Law of the first paragraph.

The case of foreign domain name disputes shall be dealt with in accordance with the relevant provisions of chapter eighth of civil law.

Eighth the People's Court determines that the domain name registration, use and other acts constitute infringement or unfair competition, the defendant may be ordered to stop infringement, cancellation of domain name, or the plaintiff's request for a decree by the plaintiff registered to use the domain name, to the right to cause actual damage, the defendant can be awarded damages.

(iv) After registering the domain name, it is not used or intended to be used, and intentionally prevents the right person from registering the domain name;

(v) Having other malicious circumstances.

The defendant proves that the domain name held before the dispute has gained certain popularity and can be distinguished from the plaintiff's registered trademark, domain name, or other circumstances sufficient to prove that it is not malicious, the people's Court may not find the defendant malicious.