Regulations: Chinese domain Name dispute resolution method (trial)

In order to resolve disputes arising from the registration and use of Chinese domain names, this method is formulated in accordance with the provisions of relevant laws and administrative regulations and policies of the international community concerning the resolution of domain name disputes and the corresponding rules.

These measures shall apply to the settlement of disputes between Chinese domain names and trademarks protected by Chinese law, subject to the following conditions:

(a) The domain name of the complaint is limited to http://www.aliyun.com/zixun/aggregation/37895.html "> Domain name Applicant selected by China Internet Network Information Center" Receptacle Information Center, hereinafter referred to as CNNIC, is responsible for the management and maintenance of Chinese domain names.

(b) Except where the object of the request for protection has been identified by the institution as a well-known trademark, the domain name registered before the entry into force of these measures shall be 2 years from the date of entry into force of these measures, and the domain name registered after the entry into force of this method shall not be entertained by the domain name dispute Resolution agency since the date of registration has been completed for 2 years.

(c) These measures shall only be carried out by the Chinese domain name dispute Resolution agency approved and authorized by the cnnic and shall be binding only on the parties to the relevant disputes and the Chinese Domain name registration service.

(d) The domain name dispute resolution body only accepts the trademark as the complainant, the domain name holder is the dispute which the person is complained. Where a domain name holder has a dispute over the use of a trademark, it shall seek solutions through other channels.

The third Chinese domain name dispute Resolution organization (hereinafter referred to as "dispute resolution Body") is based on cnnic recognition and authorization, according to these measures in charge of Chinese domain name dispute resolution of civil institutions. The dispute resolution body shall deal with domain name disputes in accordance with the principles of independence, neutrality, speediness and convenience, and strictly abide by the provisions of these measures concerning the resolution of disputes over Chinese domain names. In order to ensure the effective implementation of the rules stipulated in these measures, the dispute Settlement Body shall establish detailed rules of procedure and announce the implementation after obtaining CNNIC approval.

Fourth the dispute settlement body shall carry out the dispute settlement system of the expert Group. Experts chosen by the parties to the dispute should have full knowledge of the network, intellectual property and legal field, have a noble professional ethics, and be able to judge the domain name disputes independently and neutrally. The list of experts is determined by the dispute resolution body and is widely publicized through the online approach.

Fifth the decision of the dispute settlement body can only involve the change of the state of the registered domain name, does not involve any other remedies and means, and will unconditionally obey the referee who has the legal effect of the judicial organ with jurisdiction and the arbitration institution.

Sixth any trademark owner who considers that a registered domain name infringes its trademark rights shall have the right to lodge a complaint with the dispute Settlement Body and request the dispute settlement body to make a ruling in accordance with these measures in order to protect and realize its right.

Seventh a complaint against a registered domain name is supported by the following conditions:

(a) The complainant enjoys trademark rights protected by law;

(b) The domain name of the complaint is the same as the trademark or has the similarity sufficient to cause confusion;

(c) The domain name holder does not have a trademark right to the domain name and other character combinations including the domain name, nor is there any other rights and interests protected by law;

(d) The domain name holder's registration and use of the domain name is malicious;

(e) The complainant's business has been or is highly likely to be compromised by the registration and use of the domain name.

The complainant shall produce valid evidence to prove that the above conditions are at the same time.

Where the complainant has sought protection for a trademark which has been identified by the relevant institution as a well-known trademark, the conditions stipulated in the preceding paragraph fifth need not be separately provided.

Eighth the evidence used to prove the registration and use of a domain name includes, but is not limited to, the following circumstances:

(a) The name Holder has offered to sell the domain name and the price requested is unreasonably higher than the cost of its registration, and is profitable.