Litigation cases concerning domain name registration between individuals and enterprises

In recent years, there have been many cases of personal and business lawsuits about domain name registration in China, which has aroused the concern of the judicial circles. Recently, the China international Economic and Trade Arbitration Commission, the Asian domain name Dispute Resolution Center and the Hong Kong International Arbitration Center in Beijing jointly held the "Asian domain name and online Dispute Resolution seminar", the application of domain name dispute has become the focus of discussion experts. Legal experts agree that the registered CN domain name and the Chinese CN domain name is a legitimate civil rights of citizens, whether in the domain name registration, use phase, or in the domain name dispute resolution stage, individual registrant's legitimate rights and interests should be protected by law.

As we all know, with the development of the Internet, domain name as the basic tool of Internet users, and has become an important Internet resources, a recognized convenient Internet domain name, its value can even fry to tens of millions of dollars. And China as the world's second internet power, with the promulgation of international standards of Chinese domain names, as well as IE7 and other mainstream browsers to the Chinese CN domain name support, in line with the vast number of Chinese netizens language custom Chinese CN domain name, its application value is also increasingly widely recognized.

On the other hand, as a domain name with resource disposition, its quantity is bound to be limited, and how to obtain and apply it also needs to follow certain principle. In China, the national CN domain name and the Chinese CN domain name registration Management, followed the "first Note first" international principle. At present, China's domain name registration services and related activities are mainly in accordance with the Ministry of Information Industry in 2003 promulgated the "China Internet domain name Management measures", the "method" of the domain name registration principle has clear provisions. And for the registration of domain names, although the "method" does not specify, but from the "method" 27th "personal registration and use of domain name" can be considered, the individual is in fact also the registration of various domain names of the main body.

The recent judicial practice of domain name disputes has clearly supported this view, and the outcome of the dispute resolution is not affected by the subject status of the holder of the disputed domain name (i.e. the registrant). And from the recently concluded "Asia Domain name and online Dispute Resolution seminar" can be seen, the domain name of individual holders of the rights protection has been reaffirmed.

At the same time, we should also see that, although the judicial practice has occurred on the CN domain name, but our country's domain name disputes applicable dispute resolution does not distinguish between CN domain name and Chinese CN domain name, in other words, applicable to the CN domain name also applies to the Chinese CN domain name. Judicial practice to support personal registration of CN domain name legitimate, then, judicial practice should also support the personal registration of Chinese CN domain name legitimate.

Therefore, as long as the law and administrative regulations, the individual registrant and the registration service agency or its agents signed the Chinese CN domain name Registration service contract is valid, and is protected by the law, no organization can forcibly deprive the individual registered Chinese CN domain name. Regardless of whether the domain name holder is an individual or an organization, the rights and obligations of the domain name dispute resolution mechanism are equal, and the rights and interests of the same are protected.