Absrtact: Because the domain name provides the false information, will make the domain name to be able to be transferred at any time, the cancellation, the deletion legal risk. Chinese legal experts today warned that domain name information has become the original owner of the domain name rights loss of the biggest curse. According to China's international economic and trade
Because the domain name provides false information, it will make the domain name face "can be transferred at any time, cancellation, delete" legal risk. Chinese legal experts today warned that domain name information has become the original owner of the domain name rights and interests of the largest loss of "Bane."
According to the China International Economic and Trade Arbitration Commission and the Hong Kong International Arbitration Center information, the two major arbitration institutions have entertained thousands of disputes over domain names such as COM,. NET, CN and so on, and the result of 434 cases is "the disputed domain name is transferred from the original holder", There are 301 cases of complainants (original domain name holders) when the registration provided false information and led to the case in absentia, the domain name is considered malicious registration and was decided to transfer. In other words, the domain name information is not real arbitration rate close to 70%.
Authorities of intellectual property Law of China University of Political Science and political Science said that more and more well-known enterprises have seized the "domain name dispute cases quickly, the domain name information is not real high" characteristics, the tendency to obtain domain names by means of arbitration, and not only the way to take domain name transactions, can say, Domain name information has become the original owner of the domain name rights and interests of the largest loss of "Bane", this phenomenon must cause the vast number of domain name holders of the high priority.
According to ICANN (Internet name and number distribution agency), domain name holders must ensure that all information is true and accurate, if the domain name holder refuses to update the registration information or provide false domain name registration information, registrars can unregister domain names. "China Internet domain name management measures" also stipulates that the domain name registration information is untrue, inaccurate, incomplete, registrars should unregister the domain name.
Experts said that the "Domain name registration information is true, accurate and complete" has the effect of public trust. The authenticity and accuracy of domain registration information is not only the basis of legal holding domain name of domain name holder, but also the judgment basis of the third person or society to discriminate the right of specific domain name, and the precondition of legal protection of domain name rights.
The ruling statistics of the two major arbitral institutions indicate that once the domain name holder has provided false information, it is tantamount to abandoning its two core rights in disguise, which will cause the domain name to fall into the legal risk of being transferred, cancelled and deleted at any time.