Will the individual lose the status problem?

When individuals and enterprises in order to a CN domain name of the issue of the dispute arbitration, the individual will be due to the status of the final defeat? Reporter recently learned from the China International Trade Arbitration Commission domain name dispute Resolution Center, irizar.com.cn domain name dispute to win the individual, domain name dispute resolution mechanism of practice shows that the individual registered CN domain name undoubtedly enjoy the legitimate rights.

It is reported that the Tianjin Erie Saar Bus Manufacturing Co., Ltd. recently to the China International Trade Arbitration Commission domain name Dispute Resolution Center filed a complaint, the ordinary Netizen "Peng Wei" personal registration of the irizar.com.cn domain name transfer to themselves. After the expert Group decided, finally rejected its request, Peng Wei successfully saved their own CN domain name.

According to the case's chief expert, Hu Gang, in the current practice of the CN domain name dispute resolution procedure, the subject status of the registrant of the disputed domain name will not affect the outcome of the relevant dispute resolution. 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.

Experts explained that our country has not yet enacted specific laws or administrative regulations on domain names. China's domain name registration services and related activities are mainly in accordance with the Ministry of Information Industry promulgated the "China Internet domain name management measures" this sector regulations. "China Internet domain name Management measures" 27th clearly contains "personal registration and use of domain name", but at the same time there are no other laws, administrative regulations, local regulations, autonomous regulations, a single line of regulations or regulations on the individual registered CN domain name prohibit the provisions.

and the individual and the Registrar signed the CN domain Name registration contract is also protected by the law, Hu Gang pointed out. In accordance with the provisions of the 52nd of the contract law of China, the contract which violates the mandatory provisions of the laws and administrative regulations is invalid. The Supreme People's Court in the application of the contract law in the relevant judicial interpretation, more clearly stipulates that the peoples court to confirm the contract is invalid, should be the NPC and its Standing Committee and the enactment of the Law and the State Council to establish the basis of the administrative regulations, shall not be based on local laws and regulations. Therefore, Hu Gang said: "The individual registered CN domain name, as long as the law and administrative regulations, registration and registration service agencies or their agents signed the Domain name registration service contract is legal and effective, protected by law." In the domain name dispute settlement procedure, arbitration or lawsuit, should equally protect the individual who holds the domain name and the related marking right person's legal right, according to the law and the fact to adjudicate. ”

In fact, many of the current domain name dispute resolution procedures are followed in the practice of this principle. The reporter learned that, in addition to the case of irizar.com.cn, recently, many registered in the personal identity of CN domain names registered in the dispute resolution process has won. In China international Economic and Trade Arbitration Commission domain name dispute Resolution Center ruling, sptcc.cn, cyberdream.com.cn, symbol.com.cn and other individual registrars and enterprises in the case, the individual registered people have saved their own domain name.

This is no doubt good news for individual registrars. Because the individual can register the CN domain name problem has been in the debate, although the vigorous CN domain Name 1 yuan experience activities since the launch, our country CN domain name registration, the blog, album, baby log, personalized domain name mailbox and other netizens application, but individual netizens still worry about because of personal registration problems. "Even cnnic, you can't delete your CN domain Just because it's a personal registration." "A person in the industry believes that netizens need not worry." (Zebian Admin01)