Practice of Domain name Litigation (II.) Correct understanding of domain name use
Source: Internet
Author: User
KeywordsDomain name litigation practice understanding
In order to better understand the original intention of the relevant laws and regulations, to commemorate the 7 anniversary of the Supreme People's Court's interpretation of the application of law concerning the trial of civil dispute cases involving computer network domain names, the d&n domain name firm issued a series of "Domain Name Litigation practice", and explained the relevant laws and regulations in
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:
Domain Name registration: According to the "China Internet Network Information Center domain name registration implementation Rules", "Application for domain name registration by the China Internet Network Information Center is responsible for the management of the CN domain name and Chinese domain name, or to carry out related activities, shall comply with these implementation rules. "At the same time, according to the rules, the Domain name registration applicant (hereinafter referred to as the applicant) should be registered in accordance with the law and can bear the civil liability of the Organization;" But in fact, at present, the Chinese domain name and CN domain name has basically opened the individual as the principal domain name registration ICANN does not have the subject of restricted domain name registration.
Domain name use: d&n Domain name Office reminded that the use of the domain name, refers to the technical significance of domain name use, the use of domain name resolution, domain name transfer, renewal of domain name and transfer and so on. The use of outside the Internet domain, such as the publicity and promotion of print media, is not part of the domain name of this judicial interpretation specification.
The status of this judicial interpretation: in the present judicial interpretation of China, the normative interpretation of the Supreme People's Court plays an equally important role as the law, and is the direct basis for Chinese courts and judges to handle cases every day. In particular, these judicial interpretations play a particularly important role in judicial practice in the absence of other basic laws. This site by (www.dnfirm.cn) feeds
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