To address the first of the Internet domain name disputes, in accordance with relevant laws and administrative regulations, and "Chinese Internet domain name administration," which, enact these measures.
The second of these measures apply to the Internet domain name registration or use caused controversy. The disputed domain name should be limited to the China Internet Network Information Center under the management of the CN domain names and Chinese domain names.
The third of the disputed domain name by the China Internet Network Information Center approved by the dispute settlement body admissible solutions.
Dispute settlement body shall, in accordance with the approach and the "China Internet Network Information Center domain name dispute resolution procedure rules" to formulate appropriate supplementary rules.
The fourth of the dispute settlement body responsible for implementing the Expert Group's dispute settlement system. Group 3 by one or master the Internet and related legal knowledge, higher professional ethics, to be independent and neutral right to adjudicate disputes domain experts. Domain Name Dispute Settlement Body adopts the form available online complaints and complaints were chosen roster of experts.
The fifth of any organization or individual that the person has registered the domain name with the institution or the individual's legitimate rights and interests in conflict, can dispute settlement body to lodge a complaint.
Dispute settlement body to handle complaints, in accordance with the rules of procedure provide for the formation of the Group, with the Group under the rules of practices and procedures, follow an "independent, neutral and convenient" principle, the establishment of the Expert Group on the date 14 days to make a ruling on the dispute.
The sixth of the domain name dispute resolution procedures for the use of the Chinese language, but the complainant and the complainant was otherwise agreed, or the Group decided to use other language except.
The seventh of the complainant and the complainant should be on their own proposals bear the burden of proof.
The 8th of the following conditions are met, the complaint should be supported :
(1) complaint with the domain complaints enjoy civil rights of the same name or logo, which can cause confusion with the approximate;
(2) the complaint to the domain name holder of the domain name, or its main parts not enjoy legitimate rights and interests;
(3) the complaint to the domain name holder of the domain name registration, or with malicious use.
9 complaint to the domain name holder is one of the following cases, malicious acts or the use of the domain name registration :
(1) domain name registration or transferee to the sale, lease or other transfer of the domain name to obtain illegitimate interests;
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(2) many others will enjoy legitimate rights and interests of the name or logo of their registered the domain name to prevent others in the form of domain names on the Internet use of its legitimate rights and interests of the name or logo; |
(3) the domain name registration or transferee is to damage the reputation of the complainant, the complainant damage normal business activities, or confusion with the complainant the difference between misleading the public;
(4) Other malicious circumstances.
The 10th of the complaints were directed against the same number of complainants in the domain name dispute, the complainant or by the complainant may request a dispute settlement body will be more controversial merger of a controversial case, a group of experts from the same address. Whether the merger, a decision by the Group.
Article 11 of the Expert Group on the dispute before a decision is made, complaints or complaints were that members of the Group and other interested parties, are likely to affect the impartial adjudication of cases, can dispute settlement body request for disqualification of experts, it should be stated according to evade the request According to the specific facts and reasons, and the burden of proof. Whether evaded by the dispute settlement body.
Article 12 of the domain name dispute resolution procedures, in addition to domain name registration services agencies, according to the dispute settlement body request with the use of the domain name registration and related information, the China Internet Network Information Center and domain name registration services not, in any capacity, or participate in the dispute settlement procedure.
Article 13 of the Expert Group on complaints and complaints were provided by the controversy involving evidence and the facts will rule on the dispute.
Group finds the complaint is substantiated, the ruling should have canceled the registration of domain names, or the award to transfer the domain name registration to the complainant.
Group finds the complaints are not substantiated and should be dismissed complaints ruling.
Article 14 in accordance with the method of complaints, dispute settlement procedures, or to make a group decision, the complainant or complaints per capita on the same dispute to the China Internet Network Information Center located in China sue or on the basis of the agreement drew arbitration bodies.
The 15th of the dispute settlement body's ruling cancellation of the domain name or the award of the domain name transferred to the complainant, since the decision comes into effect for 10 days, domain name registration services agencies to implement them. But the complaints were from the ruling comes into effect 10 days to provide evidence of effective jurisdiction of the judicial or arbitral institutions have been accepted and the related controversy, the dispute settlement body to suspend the ruling.
The need to suspend the implementation of the Dispute Settlement Body's ruling, the domain name registration services, as the case handled as follows :
(1) there is evidence that the two parties to a dispute settlement has been reached, the implementation of the settlement agreement;
(2) there is evidence that the prosecution or arbitration application has been rejected or withdrawn, the implementation of the dispute settlement body rulings;
(3) the judiciary or arbitration ruling, which has the force of law, implementation of the magistrate.
The 16th of the domain name dispute resolution and the decision announced during the 10 days of the domain name holder may apply for transfer or cancellation at a controversial state of the domain name, but the assignee agreed in writing to accept binding dispute settlement ruling with the exception.
Article 17 of the Dispute Settlement Body established a special Internet site, accept online domain name dispute complaint, and released with the domain name dispute-related information. But by the complainant or by the request of the complainant, the dispute settlement body that release would be likely to prejudice the complainant or the complainant was in the interests of data and information may not be released.
The 18th of the China Internet Network Information Center under the Internet domain name and the development of technology and China's relevant laws, administrative regulations and policies of the changes to the modified approach. The revised approach will be published on the website and on the date of publication of 30 for future implementation. This approach has been submitted before the amendment to the dispute settlement body of domain name disputes does not apply new methods.
The revised approach will automatically become the holder of the domain name and domain name registration services already exist between the domain name registration part of the agreement. The domain name holders do not accept the solution to the dispute or its revised version bound, it should promptly notify the domain name registration services. After the notice is received, the domain name Fillmore service agencies will retain its name service on the 30th; 30 days later, the domain name will be written off.
The 19th of this approach by the China Internet Network Information Center is responsible for the explanation.
Article 20 of this approach since September 30, 2002 has come into effect. Former "Chinese domain name dispute resolution (2005)" abolished at the same time. |
