Rules of the domain name dispute resolution procedure of China Internet Network Information Center

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In order to ensure the impartiality, convenience and rapidity of the domain name Dispute resolution procedure, the rules of this procedure are formulated according to the provisions of the China Internet Network Information Center "China Internet Information Center Domain name Dispute Resolution scheme" (hereinafter referred to as "the solution").

The second domain name dispute resolution procedure under the settlement is governed by these rules and by the supplemental rules established by the domain name dispute resolution bodies under these rules.

The following terms referred to in article III of these Rules (hereinafter referred to in the Rules of Procedure) are:

(i) "solution": Refers to the China Internet Network Information Center set up the "China Internet Network Information Centre dispute resolution method." The solution forms part of the domain name registration agreement between the domain name holder and the domain name registration service, and is binding on the domain holder.

(b) Registration agreement: A Domain name registration agreement signed between a domain name holder and a domain name registration service.

(c) Parties: the complainant and the complainant who refer to the domain name dispute.

(iv) The complainant: a party that disputes the relevant domain name and lodge a complaint with the domain name dispute Resolution body pursuant to the "settlement" and the rules of Procedure.

(e) The complainant: the domain name holder to whom the complaint is lodged.

(vi) Domain name Registration authority: The China Internet Network Information Center (CNNIC).

(vii) Domain name Registration service organization: Refers to by the China Internet Network Information Center authorized, is responsible for accepting domain name registration application and completes registers the organization.

(eight) Domain name registration Agency: The institution that accepts the application for domain name registration within the scope of the Registration Service authority.

(ix) Domain name Dispute Resolution body: refers to the agency which is responsible for resolving the disputes over China Internet domain name through the China Internet Network Information Center.

(10) Expert Group: A panel of one or three experts designated by a domain name dispute resolution body to hear complaints about domain name disputes.

(11) The Expert: refers to by the domain name dispute resolution organization to approve, and in the domain name dispute resolution organization website to announce in the expert roster, qualifies as the domain name dispute resolution organization domain name dispute Expert Group member.

(12) The supplementary rules refer to the supplementary rules of the Rules of procedure established by the domain name dispute resolution bodies in accordance with the rules of Procedure.

(13) The summary rules refer to the expedited rules of procedure for domain name dispute resolution institutions under the rules of Procedure and supplementary rules, which are applicable to disputes over specific types of domain names under the resolution.

#p # China Internet Network Information Center domain name Dispute resolution procedure rules 1#e#

Chapter II submission and delivery of documents

Fourth the submission of a domain name dispute case file shall comply with the following principles:

(a) Any document transmitted by a domain name dispute resolution authority to a party must transmit copies to the other party at the same time;

(ii) The documents transmitted by the Group of Experts to any party must simultaneously transmit copies to the domain name dispute resolution body and the other party;

(iii) The obligation of the transmitting party to retain a record of the documents transmitted to it, to record the specific facts and circumstances of the transmission of the document, for inspection by the parties concerned and to produce the corresponding report;

(iv) When the party transmitting the document is notified that it has not received the documents transmitted by him or that the party transmitting the document himself considers that the relevant document has not been successfully transmitted, the Party shall immediately notify the domain name dispute resolution body of the relevant situation. Thereafter, the transmission and reply of any document shall be in accordance with the instructions of the domain name dispute resolution body;

(e) Any party may notify the domain name dispute Resolution authority to update its detailed contact information.

Fifth a domain name dispute resolution body has the responsibility to take effective measures to ensure that the complainant actually received the complaint. If the complainant has actually received the complaint, or the domain name dispute Resolution agency has implemented the following acts to enable the complainant to actually receive the complaint, the above liability shall be deemed to be discharged:

(a) to send a complaint to the complainant in accordance with all postal correspondence and facsimile addresses of the domain name holders, management contacts, technical contacts, contractors and payment contacts recorded in the WHOIS database of the Domain name registration authority and the Domain name registration service organization;

(b) The e-mail addresses of the domain name holders, management contacts, technical contacts, contractors, and payment contacts recorded in the WHOIS database of the Domain name registration authority and domain name registration service, or when the domain name corresponds to a Web site, Transmit the electronic form of complaint to the complainant in accordance with the e-mail address provided in the contact form of the website (including the attachment of the respondent in accordance with the relevant format);

(c) In accordance with the complainant's own choice and notify the domain name dispute resolution body of other correspondence address, and, to the extent practicable, by the complainant under article 11th fifth of all other addresses to the complainant to send a complaint.

Sixth in addition to the circumstances specified in the preceding article, any document transmitted to the complainant or to the complainant pursuant to these rules shall be carried out in such manner as the complainant or the complainant may specify. When the complainant or the complainant has not specified it, by selecting the following three ways:

(i) Transmitted by facsimile with transmission confirmation;

(ii) Prepaid postage and sent by mail or postal courier with receipt;

(iii) transmission through the network in electronic form, in the case of the availability of transmission records.

Seventh any documents submitted by the complainant and the complainant to the domain name dispute resolution body or the Expert Group shall be submitted in accordance with the methods and means (including the number of copies) as provided for in the supplementary rules of the domain name dispute resolution body.

Eighth unless otherwise agreed by the Parties or the Panel decides otherwise in exceptional circumstances, the language used in the domain name Dispute resolution procedure shall be Chinese. The Panel may require the parties to submit all or part of their Chinese translations to any document not produced in Chinese.

Nineth, except as otherwise provided in these rules, or if the Panel decides otherwise, all documents provided for in these rules shall be deemed to have been served as follows:

(a) by way of facsimile transmission, whichever is the date shown on the transmission confirmation;

(b) by mail or postal courier, the date recorded on the mailing receipt shall prevail;

(iii) transmitted over the network, subject to that date, where the date of transmission is verifiable.

Tenth unless otherwise provided in these rules, the date of commencement of the period specified in these rules shall be the earliest service date of the document presumed to be based on the provisions of the preceding article.

11th any institution or individual may, pursuant to the provisions of the resolution and the Rules of Procedure, lodge a complaint with a domain name dispute resolution authority authorized by China Internet Network Information Center to initiate a domain name dispute resolution procedure.

The 12th complaint shall be submitted in the form of an electronic document (which cannot be submitted in accordance with the provisions of the electronic text complaint and without an attachment other than an electronic file format) and shall include the following:

(i) Clear requests for hearings and rulings under the settlement and the rules of Procedure;

(ii) The names of the complainants and their agents, postal addresses, e-mail addresses, telephone numbers and fax number;

(c) Both electronic documents and tangible written documents should indicate the preferred means of contacting the complainant in the domain name dispute resolution procedure, including the contact person, contact form and contact address;

(iv) whether to select experts to deal with disputes and to choose between one or three expert groups. If the three-person expert group is selected to adjudicate the dispute, the complainant shall select three experts as candidates from the roster of experts in the domain name dispute resolution body and specify the names of the experts in the order in which they decide. The complainant may also authorize the domain name dispute Resolution authority to designate its experts;

(e) to the knowledge of the complainant (domain name holder) or his/her representative, the name of the agent, and the detailed contact information (including all postal addresses, e-mail addresses, contact telephone numbers and fax number). The above information should be detailed and specific enough to allow the domain name dispute resolution body to transmit the complainant's complaint to the complainant in the manner prescribed by these Rules;

(vi) Specify the disputed domain name;

(vii) Registration service agencies and/or registered agencies that determine the disputed domain name;

(eight) The right or lawful interest of the complainant in respect of the disputed domain name, with all information which can indicate the state of rights;

(ix) In accordance with the resolution, indicate the grounds on which the complaint was lodged, in particular by stating that:

1. The domain name of the complainant (domain name holder) is the same as the name or mark of the complainant's civil rights, or has enough similarity to cause confusion;
2. The complainant (domain name holder) does not enjoy the lawful rights and interests of the domain name or its main part;
3, the complainant (domain name holder) to the domain name registration or use of malicious;
(in the case of item 3rd, the complainant should state the various aspects specified in article Nineth of the settlement.) The explanatory text shall comply with the limit of the number of words or pages of the document stipulated in the Supplemental rules of the domain name dispute resolution body. ）

(10) The means of relief sought pursuant to article 13th of the settlement;

(11) If a judicial or arbitral proceeding is instituted in respect of the same domain name dispute, whether or not such proceedings have been concluded, it shall be stated and submitted with all information relevant to the proceedings and to which the complainant is able to obtain;

(12) The end of the complaint shall be accompanied by the following declaration, signed or stamped by the complainant or his legal representative or an authorized agent:

"The complainant confirms that the complaint is based on the" China Internet Network Information Centre domain name Dispute resolution scheme "," China Internet Network Information Centre domain name Dispute resolution procedure rules "and relevant laws; As I know, the information contained in the complaint is complete and accurate. The complaint and relief claims are for registered domain name holders only, not for domain name dispute resolution bodies and expert group experts, nor for domain name registration and administration agencies and registered service institutions, registered personnel and domain name registration agencies. ”

(13) as an attachment, submit documents and any other relevant documents which can prove the status of the rights.

13th a complaint can be filed against multiple domain names registered by the same domain holder.

14th a domain name dispute resolution body receives a complaint, it shall conduct a formal review of the complaint in accordance with the provisions of the settlement, the rules of procedure and the supplementary rules.

Domain name dispute Resolution body after the examination that the complaint meets the admissibility requirements, shall, upon receipt of the fee paid by the complainant in accordance with the provisions of these rules, serve a copy of the complaint to the name holder of the complaint; If the complaint document is considered to be defective in form, the domain name dispute Resolution agency shall promptly notify the complainant, Require it to make the necessary changes to the complaint documents within the stipulated time limit. If the complainant fails to modify the complaint within the stipulated time limit or if the amended document does not conform to the requirements, the complaint shall be deemed withdrawn by notice in writing by the domain name dispute resolution body.

15th the domain name dispute Resolution body shall complete the date of service of the complaint file to the complainant in accordance with article fifth of the Rules of procedure, and shall be the official commencement date of the domain name dispute resolution procedure.

16th a domain name dispute resolution body shall notify the parties and the Domain name registration service and the China Internet Information Center promptly of the commencement date of the dispute settlement procedure.

17th the complainant shall submit a reply to the domain name dispute resolution body within 20th from the date of commencement of the domain name dispute settlement procedure.

#p # China Internet Network Information Center domain name Dispute resolution procedure rules 2#e#

The 18th Statement of Defence shall be submitted in electronic form (it is not possible to submit an electronic copy of the defence as required and an annex other than an electronic document format) and shall include the following:

(a) to refute the complainant's claim and to affirm the basis and specific reasons for the continued possession and use of the disputed domain name (the part of the reply shall comply with the word or page limit specified in the Supplemental rules of the domain name dispute resolution body);

(b) The names of the complainants and their authorized agents (name) and detailed contact information (postal address, e-mail address, contact telephone number and fax numbers);

(c) Both electronic documents and tangible written documents shall indicate the preferred means of contact with the complainant in the domain name dispute resolution procedure, including the contact person, contact method and contact address;

(d) If the complainant chooses a panel of experts to hear the case in the complaint, he shall declare whether the complainant chooses to submit the dispute to the three-person expert group;

(e) If the complainant or the complainant chooses to be heard by the three-person expert group, the complainant shall select three experts as candidates from the list of experts published by the domain name dispute resolution agency and specify the names of the experts in the order in which they are determined. The complainant may also authorize the domain name Dispute Resolution Center to designate its experts;

(vi) In the event of judicial or arbitral proceedings instituted in respect of the same domain name dispute, whether or not the procedure has been completed, it shall be stated and the full information relating to the procedure which the complainant is able to obtain is submitted;

(vii) At the end of the reply, the following declaration shall be attached and signed or sealed by the complainant or his legal representative or his authorized agent:

"The respondent confirmed that the reply was based on the China Internet Network Information Center, China Internet Information Centre domain name Dispute resolution, the China Internet Network Information Center domain name Dispute resolution procedure rules and related laws." As I know, the information contained in the reply is complete and accurate. The replies and propositions are for complainants only, not for domain name dispute resolution bodies and expert group experts, nor for domain name registration and administration agencies, registered service agencies, registered personnel and domain name registration agencies. ”

(eight) as an attachment, submit documents and any other relevant documents which can prove the status of the rights.

19th if the complainant chooses to submit the dispute to a panel of experts and the complainant chooses to submit the dispute to a three-person expert group, the complainant shall bear half of the cost of the three-person expert group set forth in the supplementary rules of the domain name dispute resolution body. The fee shall be delivered by the complainant in reply to the domain name dispute resolution body. If the fees to be charged are not paid as requested, the dispute will be heard by a panel of experts.

20th the request of the complainant, the domain name dispute resolution agency may, under special circumstances, extend the time limit for the respondent to submit the reply. The parties may also agree to extend the time limit for the respondent to submit their defence, subject to the consent of the domain name dispute resolution body.

Chapter fifth designation of the Expert Group

21st a domain name dispute resolution body shall publish the roster of experts online. The Group of experts responsible for domain name dispute resolution is comprised of one or three experts.

22nd if the complainant and the respondent have not chosen a three-person expert group, the domain name dispute resolution body will designate an expert from its roster of experts within 5th after receipt of the respondent's reply or the expiry date of the complaint. The cost of one-person expert group shall be borne by the complainant.

23rd if the complainant or one of the complainants chooses the three-person expert group, the domain name dispute resolution body shall designate three experts in accordance with the procedures stipulated in articles 25th and 26th. The cost of the three-person expert group should be borne by the complainant, except for the three-person expert group chosen by the complainant. In the latter case, the costs involved shall be apportioned between the parties.

24th unless the complainant has chosen the three-person expert group and provided three candidate experts, the complainant shall submit to the domain name dispute resolution body the names of three candidate experts who will be designated as a member of the Panel of experts in the dispute resolution agency after receiving the respondent's reply to the decision of the three-person expert group.

25th if the complainant or one of the complainants chooses the three-person expert group, the domain name dispute Resolution body shall designate an expert from the list of three candidates provided by the complainant and the complainant respectively. If a domain name dispute resolution agency is unable to designate an expert from an expert chosen by one party within 5th, the domain name dispute resolution body will be designated by itself from its roster of experts. The third expert shall be designated by the domain name dispute resolution body from its list of experts. The third expert is the chief expert.

26th if the complainant fails to submit a defence or submits a defence but does not indicate how to select the group of experts, the domain name dispute Resolution body shall designate the Expert Group in the following manner:

(i) If the complainant chooses one person expert group, the domain name dispute Resolution body shall designate an expert from its roster of experts;

(ii) If the complainant chooses the three-person expert group, where possible, the domain name dispute Resolution body shall designate an expert from among the three candidate experts provided by the complainant and appoint a second expert and a chief expert from its roster of experts.

27th whether the acceptance of the designation shall be decided by the expert. In order to ensure the quick and smooth conduct of the dispute settlement procedure, if the expert selected by the parties as the candidate does not agree to accept the designation, the domain name dispute resolution body shall designate other experts to form the Expert group.

28th after the establishment of the Group of experts, the domain name dispute resolution body shall promptly transfer the case to the Expert group, and the composition of the Expert group and the Expert Group shall notify the parties promptly of the date of the decision submitted to the dispute settlement body.

29th an expert shall be independent and impartial and shall disclose to the domain name dispute resolution body any circumstances which may reasonably be suspected of its independence and impartiality before accepting the designation. If, at any stage in the course of the proceedings, a new situation arises that may lead to reasonable suspicion of its independence and impartiality, the expert shall forthwith disclose the case to the domain name dispute resolution body. In this case, the domain name dispute Resolution Authority has the right to designate other experts.

Prior to acceptance of the designation, the expert shall submit a written declaration of independence and impartiality to the domain name dispute resolution body.

Where a party considers that an expert has an interest in the other party and is likely to affect the fair decision of the case, it shall submit it to the domain name dispute resolution body before the Expert Group decides on the dispute. Whether the expert is withdrawn from the Expert group shall be determined by the domain name dispute resolution body.

30th no party or his agent shall make unilateral contact with the Panel of Experts. All liaison between the party and the Expert group or the domain name dispute resolution body shall be carried out by the case handler designated by the domain name dispute resolution body in the manner specified in the supplementary rules.

#p # China Internet Network Information Center domain name Dispute resolution procedure rules 3#e#

31st The Group of Experts shall, in accordance with the rules of procedure and the supplementary rules, to conduct a case procedure in such manner as it thinks fit, based on the resolution and the applicable rules of law to determine the domain name dispute on the basis of the respective claims of the complainant and the complainant and the respondent, the facts involved and the evidence submitted. If the respondent has not submitted a reply, if there is no special case, the panel shall decide the dispute according to the complaint.

In the course of dispute handling, the group of Experts shall treat the parties equally and give the parties equal representation of facts, reasons and opportunities to provide evidence.

The expert group should ensure that the dispute resolution procedure is carried out expeditiously. At the request of the parties, the Panel is empowered to decide to extend the period established by these rules in exceptional circumstances.

The Group of Experts is entitled to determine the admissibility, relevance, interest and proving power of the evidence.

32nd in addition to the complaint and the reply, the Panel shall have the right to require any party to provide further clarification and evidentiary material on the case.

Unless otherwise agreed by the Parties or the Panel decides otherwise, the Expert Group will not accept the material submitted by the parties in addition to the complaint and the respondent's statement.

33rd under normal circumstances, the domain name Dispute resolution procedure does not hold the court hearing (including in the conference call, the video conference and the network meeting manner carries on any hearing), but the expert Group deems it necessary to hold and the parties willing to bear the related expenses except.

34th unless there are special reasons, if a party fails to comply with the provisions of the Rules of procedure and the supplementary rules or any period determined by the Group of Experts, the Group of Experts will continue to proceed with proceedings until a decision is reached on the dispute in question.

35th unless there are special reasons, if a party fails to comply with any of the provisions of the Rules of procedure and the supplementary rules or any of the expert Group's directives, the Group of Experts shall be entitled to infer this in such circumstances as it deems appropriate.

36th If there are multiple domain name disputes between the complainant and the complainant, the complainant or the complainant may request that the dispute be referred to a group of experts for Joinder. The request shall be made to the first Expert Group designated to be responsible for the trial of the two parties ' disputes. The group has the power to decide to combine some or all of such disputes as long as the dispute is bound by the settlement.

37th if there is no special case, the Expert group shall make a ruling on the domain name dispute within 14th after its establishment and submit the award to the domain name dispute resolution body.

38th An expert shall submit the draft award to the domain name dispute resolution body before confirming the signature of the award. Without prejudice to the independent decision of experts, the domain name dispute resolution agency may review the form of the award.

39th The decision shall be made in accordance with the opinion of the majority when the case is heard by the three-person expert group. Each expert is entitled to equal voting rights. When the Panel cannot form a majority opinion, the decision is made in accordance with the opinion of the chief expert. Any disagreement should be included in the award.

The 40th award shall be in electronic form and shall state the result of the award and the reasons therefor, stating the date on which the award was made and the name of the expert.

If the Panel finds that the dispute over the complaint is outside its jurisdiction, it should be described. If the Panel finds the complaint malicious after reviewing the documents submitted by the Parties, the Panel may declare in the award that the complaint constitutes an abuse of the domain name dispute resolution procedure.

41st if, before or during the commencement of the proceedings, a party to the dispute has instituted judicial or arbitral proceedings in respect of the disputed domain name, the domain name dispute resolution body or group of experts shall have the right to suspend or terminate the proceedings or to proceed with the proceedings until the decision is made.

If any judicial or arbitral proceedings are instituted in respect of the disputed domain name during the course of the proceedings, the Party concerned shall immediately notify the Expert group and the domain name dispute resolution body.

42nd a domain name dispute resolution procedure may be terminated by the following circumstances before the Panel makes a decision:

(i) The parties have reached a settlement on their own;

(ii) The Panel finds that the domain name dispute resolution procedure is no longer necessary or impossible to continue for any other reason unless a party makes reasonable objections within the time specified by the panel.

Chapter Seventh Service and publication of awards

43rd a domain name dispute resolution body shall, within 3rd after receiving an award from the panel of Experts, notify the parties, the corresponding domain name registration service agency and the China Internet Information Center, by e-mail.

44th unless the Panel decides otherwise in accordance with the specific circumstances of the parties ' requests or disputes, the domain name dispute Resolution body shall publish the entire contents of the award in the public Web site within the period specified in article 43rd above.

45th the complainant shall, in accordance with the provisions of the supplemental rules of the domain name dispute resolution body or the summary rules, pay the fixed procedure cost to the domain name dispute Settlement Body according to the stipulated time and amount. If the complainant chooses to submit the dispute to the three-person expert group, rather than to the expert group chosen by the complainant, half of the three-person expert group's expenses shall be borne by the complainant.

In other cases, the domain name dispute resolution institution shall be borne by the complainant.

46th the domain name dispute resolution body shall not take any further action in respect of the complaint before the complainant fails to pay the procedural fee to the domain name dispute Settlement Body in accordance with the rules of procedure and the supplementary rules, as well as the provisions of the summary rules.

47th under special circumstances, if the court hearing is held, the domain name dispute resolution body may require the parties to pay additional expenses. The fee shall be determined by the domain name dispute resolution body after consultation with the Parties and the Expert Group.

Nineth Chapter Annex

48th in addition to intentional acts, domain name dispute resolution agencies and experts are not in relation to the domain name dispute resolution procedures in relation to any acts or negligence of the responsibility to any party.

49th the period specified in these rules or the period fixed under these rules shall commence from the day following the commencement of the period. The date at which the term begins is not counted within the term.

If the day after the beginning of the period is a statutory holiday, the first working day thereafter will be counted. The statutory holidays within the term shall be counted within the term. The expiration date is a statutory day, with the expiration of the first working day thereafter.

50th a domain name dispute resolution body may establish the corresponding supplementary rules in accordance with these Rules of procedure, and may also establish the simple rules applicable to the dispute of a particular type of domain name under the resolution in accordance with the rules of procedure and the supplementary rules.

51st the Rules of procedure shall be explained by China Internet Network Information Center.

52nd the Rules of Procedure have been implemented since October 8, 2007. March 17, 2006, the original "China Internet Network Information Center domain name Dispute resolution procedure rules" also abolished.