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China Internet Network Information Center domain name dispute resolution procedu
General Provisions and definitions
 
To ensure that the first name of the dispute settlement procedures of fairness, accessibility and timeliness, according to the China Internet Network Information Center, "the China Internet Network Information Center domain name dispute resolution" (hereinafter referred to as "solutions"), the development of the rules of procedure.
According to the second of the "China Internet Network Information Center domain name dispute solution" for the domain name dispute resolution procedures and subject to the rules of the domain name dispute settlement body under the rules of "additional rules" are bound.
The third of these rules (hereinafter referred to the rules of procedure), the following terms mean :
(1) "solution" : it refers to the China Internet Network Information Center, the "China Internet Network Information Center domain name dispute resolution." "Solutions" constitute the domain name holder and domain name registration services between the domain name registration part of the agreement, holders of domain binding.
(2) registration agreement : it refers to the domain name holder and domain name registration services signed between the domain name registration agreement.
(3) the parties : it refers to the controversial domain name complaints and complaints were.
(4) the complainant : refer to the relevant domain name dispute and, in accordance with the "solution" and "rules of procedure" to the domain name dispute settlement body lodged complaints about the party.
(5) complaints were : to refer complaints domain holders.
(6) the domain name registration and management agency : refers to the China Internet Network Information Center (CNNIC).
(7) domain name registration services agency : refer to the China Internet Network Information Center mandate, the admissibility of domain name registration application and complete registration body.
(8), domain name registration agent : refers to the registration services authorized within the scope of the domain name registration applications.
(9) Domain Name Dispute Settlement Body : refers to the China Internet Network Information Center accreditation and licensing, responsible for solving the China Internet domain name dispute body.
(10) Group : refers to the domain name dispute settlement body designated to hear domain name disputes or complaints of a three panel of experts.
(11) Experts : refers to the domain name dispute settlement body, and recognized domain name dispute settlement body on the website announced the roster of experts, is qualified to act as domain name dispute settlement body controversial members of the Group.
(12) "additional rules" refers to the domain name dispute resolution with the "solution" and "rules of procedure" formulated supplementary rules.
 
The second chapter documents submitted with the service
 
The fourth of the domain name dispute cases documents should be submitted to comply with the following principles :
(A) Any party to the document must be submitted simultaneously to the other party, the group of domain name dispute resolution body copy.
(2) the domain name dispute settlement body to the party transmit any document, we must also transmit to the other party a copy;
(3) Group transmitted to any party in the paper, we must also to the domain name dispute settlement body and transmit copies of the other party;
(4) document transmission side is obliged to transmit the document retention of records, the records of the documents transmitted to the specific facts and circumstances of the parties for inspection and to produce a report.
(5) When the transmission of documents to the party received notice and was told they had not received the documents transmitted, or the transmission of documents that the parties failed to transmit the document, the parties shall immediately notify the domain name dispute settlement body. Since then, the transmission of any document shall reply with the domain name dispute resolution in accordance with the instructions of them;
(6) Any party may notify the domain name dispute settlement body, updating its detailed contact information.
The fifth of the domain name dispute settlement body is obliged to take effective measures to ensure that complaints were received complaints about the actual book.
Actual complaints were received complaints, or domain name dispute settlement body for the actual complaints were received complaints book and the following acts, such as lifting the responsibility that :
(1) In accordance with the domain name registration and management of domain name registration services WHOIS database records the domain name holders, contact management, technical contacts, contact the contractor and pay all postal addresses and fax communications to send complaints were the complaints;
(2) In accordance with the domain name registration and management of domain name registration services WHOIS database records the domain name holders, contact management, technical contacts, and pay the contractor an e-mail contact address, or when the domain name corresponding to a web site, according to the website link provided in the form e-mail address to the complaints were transmitted electronically complaints (including format can be served in accordance with the relevant complaints were the annex);
(3) In accordance with the complaints were and to choose their own domain name dispute resolution notice of other communications addresses, and to the extent feasible by the complainant under Article 11 of the fifth provided the addresses of all the other complaints were to send the complaint.
Before the sixth addition of the circumstances, under these rules to the complainant or the complainant transmission of any document shall, in accordance with the complainant or the complainant specified manner. The complainant, or the complainant is not specified, through their choice of the following three ways :
(1) with confirmed transmission by facsimile transmission;
(2) and through prepayment of postage receipt with the express mail or postal dispatch;
(3) access to the records of the transmission, through the network to transmit electronic form.
The seventh of the complainant and the complaint to the domain name dispute settlement body or group to submit any document shall be in accordance with the domain name dispute settlement body "supplementary rules" by the ways and means (including shares) submitted.
Article 8 unless otherwise agreed by the parties or in exceptional cases Group decided otherwise, the domain name dispute resolution procedures used in the Chinese language should be. The Group of any non-Chinese production of the documents may require the parties to submit all or part of the Chinese asked.
Article 9, unless otherwise provided in these Rules, or the Group decides otherwise, the rules of all documents in the following circumstances should be deemed to have been served on :
(1) through facsimile transmission, transmission confirmation on the date on which the show;
(2) by mail or postal delivery methods sent by mail, return receipt on the later records;
(3) Adoption of the transmission network, the transmission date to be validated by the circumstances, to the later.
10th Unless otherwise provided in these rules, the rules of the period should be the start date for the former is based on the presumption of documents served on the first day.
The third chapter complaints
 
Article 11, any institution or individual will be based "solutions" and "rules of procedure" to the provisions by the China Internet Network Information Center, authorized by the domain name dispute settlement body to initiate complaints about domain name dispute resolution procedures.
Article 12 of the complaints should be used tangible book written documents and electronic files (no electronic files except the annex) to submit two forms, and shall include the following :
(1) In accordance with the "solution" and "rules of procedure" to hear and decide the clear request;
(2) the complainant and the agent's name (name), postal address, e-mail addresses, telephone and fax numbers;
(3) Whether it is physical or electronic document written document should be annotated in the domain name dispute resolution proceedings with the complainants to contact the preferred means, including contacts, contacts and contact addresses;
(4) whether the handling of the controversy, as well as experts from a choice of three people or group. If you choose the three expert groups to decide the dispute, the complainant should be the domain name dispute settlement body according to the roster of experts to decide the order of three experts chosen as a candidate, and state the names of experts. Complaints can also authorize the domain name dispute resolution on behalf of its designated expert;
(5), on their knowledge, written by the complainant (domain name holders) or his representative, agent's name (name) and detailed contact information (including all the postal address, e-mail addresses, telephone and fax numbers). The above information should be detailed enough to allow the domain name dispute settlement body to the complainant's complaint against the rules by the way was transmitted to the complainant;
(6) states controversial domain name;
(7) Identify the controversial domain name registration services and / or registered agent;
(8) the complainant based on the complaints against its domain name dispute to the right or the legitimate interests of rights attached to show the status of all the information;
(9) Under the "solution", that according to the complaint reasons, in particular, states :
1, the complainant (domain name holders) of the domain name to the complainant and the civil rights of the same name or logo, or could have led to confusion similarity;
2, the complainant (domain name holders) or that the domain name is not the main part of their legitimate rights and interests;
3, the complainant (domain name holders) that the domain name is registered or malicious use;
(Clause 3, the complainant should state "solution" under Article 9 of the various aspects. The text descriptions should comply with the domain name dispute settlement body "supplementary rules" the number of words or pages restrictions.)
(10) pursuant to the "solution" of the 13rd seek relief;
(11) If there is the same domain name dispute heard by the judicial or arbitral proceedings, regardless of whether such procedures have been completed, shall be described and submitted with the relevant procedures, and the complainant to get all the information;
(12) has to be the complainant (domain name holders) and the domain name registration service agencies and / or registered agent send or transmit a copy of a complaint statement;
(13) The complaint should be accompanied by the end of the following statement by the complainant or his legal representative, or authorized agent signature or seal :
"Confirmed complaints : the complaint is based on the" China Internet Network Information Center, the domain name dispute resolution procedures "," China Internet Network Information Center domain name dispute resolution rules of procedure "and the relevant laws and the proposed; I know it, the information contained in the complaint is complete and accurate; the complaints and relief advocates only for registered domain name holders do not involve the domain name dispute resolution institutions and the Group of Experts, does not involve the domain name registration and management institutions and registered service agencies, registration officers and domain name registration agency. "
(14), as an annex, the author can prove that the situation of the rights documents and any other relevant documents.
Article 13, a complaint can address the same domain name holders have been registered by the number of domain names.
Article 14 of the domain name dispute settlement body after receipt of the complaint, the complaint should be right on form for review.
If the complaint book with the "solution" and "rules of procedure", the domain name dispute resolution bodies should receipt of the complaint in accordance with the rules of the provisions of Chapter VIII of the fees paid after three days, under the rules of the fifth by way of complaint was served a copy of the complaint domain name holders.
If, after review of that book in the form of complaints there are shortcomings in the domain name dispute settlement body shall promptly notify the complainant of defects, requiring them to the receipt of the notification within five days after the complaint against the existence of flaws necessary modifications. Complaints were not in the right time to amend the complaint against them, or to revise the document does not meet the requirements, their complaints are deemed withdrawn, but does not preclude the complainants further complaints.
The 15th of the domain name dispute settlement body in accordance with the "rules of procedure" the fifth of the complaints were completed to serve complaint document, for the domain name dispute resolution procedures of a formal starting date.
The 16th of the Domain Name Dispute Settlement Body will be the dispute resolution procedures start date promptly notify the parties and domain name registration services agencies and the China Internet Network Information Center.
 
The fourth chapter reply
 
Article 17 of the complaints were the domain name dispute should be resolved in the beginning of procedures within 20 days to the domain name dispute settlement body to reply.
Article 18 should reply to a written document physical and electronic documents (electronic document format except the annex), two forms submitted should include the following elements :
(1) of the complainant's advocate refute complaints, and affirms that the continued possession and use of the disputed domain name basis and the specific reasons (reply on the part of the domain name should comply with the dispute settlement body "supplementary rules" by the word or page limit);
(2) the complainant and its authorized agent of the name (name) and detailed contact information (postal address, e-mail addresses, telephone and fax numbers);
(3) Whether it is physical or electronic document written document, shall be annotated in the domain name dispute resolution proceedings with complaints to contact the person to contact the preferred means, including contacts, contacts and contact addresses;
(4) If the complainant in the complaint book choose a group who tried the case, it should be a statement by the complainant to choose whether to dispute to a three-member expert group heard;
(5) If the complainant or the complainant chooses from three Group trial, the complainant should be the domain name dispute settlement body announced the list of experts to decide according to the order of three experts chosen as a candidate, and state the names of experts. Complaints were also authorized Domain Name Dispute Resolution Center on behalf of its designated expert;
(6) If there is the same domain name disputes filed by the judicial or arbitral proceedings, regardless of whether the procedure has been completed, should be described and submitted by the complainant to get with the program on all the information;
(7) has been by the rules sent to the complainant or transmit a copy of the reply statement;
(8), the reply should be attached to the end of the following statement by the complainants or their legal representatives or its authorized agent signature or seal :
"Complainant confirmed that the reply is based on the China Internet Network Information Center," the China Internet Network Information Center domain name dispute resolution procedures "," China Internet Network Information Center domain name dispute resolution rules of procedure "and related laws into practice. I know that the defense contained the information is complete and accurate. the only reply and stand against the complainant, not involving domain name dispute resolution institutions and the Group of Experts, does not involve the domain name registration and management institutions and registered service agencies, registration officers and domain name registration agency. "
(9), as an annex, the author can prove that the situation of the rights documents and any other relevant documents.
Article 19 if the complainant chooses to be a controversial one group tried, and by the complainant chooses to dispute to a three-member expert group heard complaints people should bear the name dispute settlement body "supplementary rules" by the three expert groups to half the costs. The cost should have been complaints from people in the domain name dispute resolution to submit his reply will be delivered. As the costs to be charged in accordance with the request not to pay, the dispute will be a group who tried.
Article 20 should be the complainant's request, the domain name dispute settlement body in exceptional cases can be appropriately extended complaints were submitted reply deadline.The parties also agreed to extend the complaints were submitted to the reply period, subject to the consent of the domain name dispute settlement body's consent. 
The fifth chapter of the designated group
 
Article 21 of the domain name dispute settlement body should be published online roster of experts. For domain name dispute resolution process by a group of three or experts.
Article 22 If the complainant and the complaint did not choose the three per capita Group, the domain name dispute settlement body will be received by the complainant or respondent in reply after the expiration of five days from the roster of experts designated an expert to set up a single group. A group of experts who all costs should be borne by the complainant.
Article 23 If the complainant or the complainant to choose either of the three expert groups, the domain name dispute settlement body shall, in accordance with Article 25 and 26 of the procedures specified by the designated three experts. Group Three all costs should be borne by the complainant, but three of the Group by the complainant chooses to be the exception. In the latter circumstances, the cost should be shared by both sides equal.
Article 24 unless the complainant has chosen three expert groups and provide three candidates experts, the complainant should be received in the domain name dispute settlement body of the complaints were three choices of the Group of reply after three days, to the domain name dispute settlement body will be designated as members of the Group of cases, one of the three-designate elections the names of experts.
Article 25 If the complainant or the complainant to choose either of the three expert groups, the domain name dispute settlement body should be separate from the complainants and their complaints were three candidates for the list of experts designated an expert. If the domain name dispute settlement body unable to five days in accordance with the usual conditions from one party to choose the experts designated an expert, the domain name dispute settlement body will be from their own roster of experts to be designated. The third domain experts dispute should be resolved by the agency from the list of designated experts. The third expert to Principal experts.
If 26 of the complaints were not submitted to the respondent or the respondent but did not indicate how the selected group, the domain name dispute settlement body in the following manner should be designated expert groups :
(A) If the complainant chooses one group, the domain name dispute settlement body from the roster of experts should be designated an expert;
(2) if the complainant chooses three expert groups, to the extent possible under the domain name dispute settlement body from the complainant should be provided by the three candidates experts designated an expert from the roster of experts designated experts and the second chief experts.
Article 27 whether to accept specified by the experts to decide. To ensure that the dispute settlement procedures quickly and smoothly, and if the parties were selected as a candidate of experts do not accept the designation, the domain name dispute settlement body will be self-designated group of other experts.
The 28th after the establishment of the Expert Group, the domain name dispute settlement body shall promptly transfer of cases to the Group and the Expert Group and the composition of the ruling group should submit the dispute settlement body Date promptly notify the parties.
The 29th of experts should be independent and impartial, and should be designated to the domain name dispute settlement body is likely to disclose its independence and impartiality may reasonably doubt any circumstances. If in the course of proceedings at any stage there could lead to its independence and impartiality have reasonable suspicion of the new situation, the experts should be immediately cases to the domain name dispute settlement body disclosure. In such circumstances, the domain name dispute settlement body to the appointment of other experts.
Experts in the former should be designated to the domain name dispute settlement body to submit written the independence and impartiality statement.
A party that a certain experts and other interested parties, are likely to affect the impartial adjudication of the case, it should be on the group adjudicate disputes relating to the domain name dispute settlement body. Experts from the Group by the domain name dispute settlement body.
The 30th of any party or its agent shall not be conducted with the Group unilateral contact. A party with the group or domain name dispute resolution in all inter-agency shall contact the domain name dispute resolution through the agencies under its "additional rules" in the manner prescribed in cases designated for the operator.
 
The sixth chapter to hear and decide
 
The Group shall, in accordance with Article 31 of the "rules of procedure", he thinks an appropriate manner procedures, and the complaint was based on the complainant and the respondent complaints book their own proposals, involving the facts and the evidence submitted, based on "solutions" and to be applicable rules of law the domain name dispute rulings. If the complainant did not submit reply, in the absence of special circumstances, the Group should be based on the complaint against controversial ruling.
The dispute settlement process, the group should be equal treatment of the parties, both parties are given equal statement of the facts, reasons and the opportunity to provide evidence.
The Group should ensure that the dispute settlement procedure carried out expeditiously. Should the parties request, the group is entitled to determine the special circumstances to extend the rules identified by the deadline.
Group finds evidence to the admissibility and relevance, interest and proven force.
In addition to 32 of the complaints, letters of response, the group is empowered to require any party to provide further on the case and explaining the relevant evidence.
Article 33, under normal circumstances, the domain name dispute resolution procedures at the court hearing (including telephone, video conferencing and Web conferencing way of any hearing), but the Group that it is necessary to hold the exception. A party can also pay costs associated with the premise request Group held court hearings.
Article 34 unless there are special reasons, if a party fails to comply with the "rules of procedure" regulations or determined by the expert group for any period, the Group will continue to proceed until the dispute involved to make a ruling.
Article 35 unless there are special reasons, if a party fails to comply with the "rules of procedure" of any group or any order, the group that according to the appropriate inference to be drawn to this situation.
If the 36th of the complainant and the complainant was among a number of domain name disputes there, complaints or complainants may request these controversial merger of the Group of Experts referred to a hearing. The request should first be designated for hearing disputes between the group proposed. The group the right to decide such controversial part or all of the merger to be heard, as long as the merger is subject to controversy before the "solution" to be bound.
The 37th of the absence of special circumstances, the Group should be established within 14 days after a domain name on the implications of controversial ruling, the decision will be submitted to the domain name dispute settlement body.
Article 38 expert judgment should be signed before the draft decision submitted to the domain name dispute settlement body. Without prejudice to the independent expert judgment on the premise that the domain name dispute settlement body rulings on the issue in the form of nuclear read.
Article 39 of the cases heard by the three expert groups circumstances, the ruling shall, in accordance with the majority's views. Every one of the experts have equal voting rights. The Group is no majority, the ruling according to the chief expert advice. Any different opinions should be included among ruling.
The 40th of the award shall be in writing and electronic form, which should indicate rulings and decisions reasons, the ruling stated date and the names of experts.
If the Group considers that the controversy does not fall within its jurisdiction, it shall be stated. If the group examined by the parties submitted documents found with malicious complaints, the ruling group announced the complaint constitutes Domain Name Dispute settlement procedures abuse.
If the 41 before the start of official procedures or process, the party is on the controversial domain name was filed a judicial or arbitral proceedings, the domain name dispute settlement body or group the right to decide to suspend or terminate the proceedings, or continue to process until a ruling.
If a party during the proceedings on the controversial domain name filed any judicial or arbitral proceedings, shall immediately notify the expert group and the domain name dispute settlement body.
The Group of 42, before a decision is made, the domain name dispute resolution procedures may be terminated following :
(1) The parties reached a settlement between themselves;
(2) Expert Group considered the domain name dispute resolution procedures for other reasons it is no longer necessary to continue or not continue, unless one of the parties in the Group within the time prescribed reasonable grounds of objection.
 
Chapter VII of the service with the award announced
 
43 of the domain name dispute settlement body should be submitted by the Group received a ruling within three days after the decision will be transmitted to the full text of the parties, the corresponding domain name registration services agencies and the China Internet Network Information Center.
The Group of the 44th unless the request of the parties or of the specific dispute decides otherwise, the domain name dispute settlement body should be ruling in its entirety in the 43rd of the period stipulated in public Web sites to be announced.
 
Chapter VIII costs
 
Article 45 of the complaints were under the domain name dispute settlement body "supplementary rules", according to the amount of time and to the domain name dispute settlement body to pay the fixed costs of the proceedings. If the complainant chooses to controversial ruling by the three expert groups, and not by the complainant chooses one of the trial group, the three expert groups to half the costs should be borne by the complainant. In other cases, the domain name dispute settlement body all the costs should be borne complaints.
Article 46 of the complaints were not under the "rules of procedure" to the domain name dispute settlement body to pay the costs of the proceedings before the domain name dispute settlement body on the complaints should not take any further action.
Article 47 If the domain name dispute settlement body of the complaints received after eight days have not received the costs of the proceedings, complaints deemed withdrawn, termination procedures.
Article 48, in exceptional circumstances, if the court held a hearing, domain name dispute resolution may require the parties to pay the other costs. The cost of domain name disputes should be resolved with both parties and expert consultation to determine.
 
Chapter IX.
 
In addition to the 49th of deliberate acts, the domain name dispute resolution and expert not on the rules and procedures for resolving domain name disputes of any act or omission by any party to take responsibility.
The 50th of the "rules of procedure" by the China Internet Network Information Center is responsible for the explanation.
Article 51 of the "rules of procedure" since September 30, 2002 has come into effect.
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