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中国互联网络信息中心域名争议解决办法 Policies for Resolution of Domain Name Disputes

2006-05-13 10:56   我要纠错 | 打印 | 收藏 | | |

(Issued by the China Internet Network Information Center on 25 September 2002 and effective as of 30 September 2002.)

颁布日期:20020925  实施日期:20020930  颁布单位:中国互联网络信息中心

  Article 1 These Policies have been formulated in accordance with relevant laws, administrative regulations and the Administration of China Internet Domain Names Procedures in order to resolve internet domain name disputes.

  Article 2 These Policies shall apply to the disputes that arise from the registration or use of internet domain names. The disputed domain names shall be limited to the .CN domain names and Chinese domain names whose administration is the responsibility of the China Internet Network Information Center.

  Article 3 Domain name disputes shall be accepted and resolved by dispute resolution institutions recognized by the China Internet Network Information Center.

  The dispute resolution institutions shall formulate the relevant supplementary rules in accordance with these Policies and the China Internet Network Information Center, Policies for Resolution of Domain Name Disputes Procedural Rules.

  Article 4 Dispute resolution institutions shall implement a system whereby panels of experts are charged with the resolution of disputes. The panels of experts shall be composed of one or three experts who have mastery of internet and the relevant legal knowledge, possess a high sense of professional ethics and be capable of rendering independent and unbiased awards in domain name disputes. The list of experts that are available for selection by complainants and respondents shall be published online by the domain name dispute resolution institutions……

  Article 5 Any institution or individual who considers that a domain name registered by another person is in conflict with the lawful rights and interests of that institution or individual may file a complaint with a dispute resolution institution.

  After a dispute resolution institution has accepted a complaint, it shall form a panel of experts in accordance with the Procedural Rules, and the panel of experts shall, in accordance with these Policies and the Procedural Rules and based on the principles of independence, impartiality and convenience, render its award within 14 days from the date on which the panel is formed.

  Article 6 The language used in the domain name dispute resolution procedures shall be Chinese, unless otherwise agreed by the complainant and respondent or where the expert panel decides to use another language.

  Article 7 The complainant and respondent shall bear the burden of proofs for their own claims.

  Article 8 Where the following conditions are fulfilled, the complaint shall be supported:

  1. the domain name against which the complaint has been filed is identical to the name or mark in which the complainant has civil rights or interests, or they are sufficiently similar to cause confusion between the two;

  2. has for many times registered a name or mark in which another person has lawful rights and interests as his own domain name, to prevent the other person from using the name or mark in which he has lawful rights and interests on the internet by way of the domain name;

  3. the holder of the disputed domain name registers or uses the domain name in bad faith.

  Article 9 Where the holder of a disputed domain name is in any of the following circumstances, his act shall constitute registration and use of domain name in bad faith:

  1. registering or acquiring the domain name to sell, rent or transfer the domain name in other ways, for the purpose of obtaining improper benefits;

  2. has for many times registered a name or mark in which another person has lawful rights and interests as his own domain name, to prevent the other person from using the name or mark in which he has lawful rights and interests on the internet by way of the domain name;

  3. registering or acquiring the domain name to damage the complainant's reputation and disrupt the complainant's normal business activities, or to create confusion between him and the complainant and mislead the public; or

  4. other circumstances that may proof bad faith.

  Article 10 If a complainant files complaints against multiple domain names of the same domain name holder, the complainant or the respondent may request that the dispute resolution institution consolidate the multiple disputes into one dispute case to be handled by the same expert panel. The expert panel shall decide whether to carry out the consolidation.

  Article 11 While a dispute is pending before the expert panel, if the complainant or respondent believes that any of the experts on the expert panel has a material interest in the opposite party that could have an effect on the rendering of an impartial award in the case, he may request the dispute resolution institution to ask such expert to withdraw, but he should explain the substantial facts and reasons on which the withdrawal request is based and provide proof. The dispute resolution institution shall decide whether the expert shall withdraw.

  Article 12 During the domain name dispute resolution process, other than the submission of information on the registration and use of the domain name by the domain name registration service provider at the request of the dispute resolution institution, the China Internet Network Information Center and the domain name registration service provider may not participate therein in any capacity or manner.

  Article 13 The expert panel shall render an award on the basis of the evidence provided by the complainant and the respondent and the facts related to the dispute.

  If the expert panel upholds the complaint, it shall rule in its award to cancel the registered domain name or to transfer it to the complainant.

  If the expert panel finds the complaint untenable, it shall reject the complaint.

  Article 14 Prior to filing a complaint according to these Policies, during the dispute resolution process or after the expert panel has rendered its award, both the complainant and respondent may institute an action concerning the same dispute in a Chinese court at the place in which the China Internet Network Information Center is located or, on the basis of an agreement, submit the dispute to a Chinese arbitration institution for arbitration.

  Article 15 If the dispute resolution institution rules in its award to cancel the domain name or to transfer it to the complainant, the domain name registration service provider shall enforce the award 10 days after the date on which the award is published. However, if the respondent submits valid proof attesting that a competent judicial authority or arbitration institution has accepted the relevant dispute within 10 days of the date on which the award is published, the enforcement of the award of the dispute resolution institution shall be suspended.

  The domain name registration service provider shall handle the award of the dispute resolution institution whose enforcement has been suspended according to the following circumstances:

  1. if there is proof attesting that both parties have reached a settlement agreement, the settlement agreement shall be enforced;

  2. if there is proof attesting that the relevant judicial action or application for arbitration has been rejected or withdrawn, the award of the dispute resolution institution shall be enforced;

  3. if the relevant judicial authority or arbitration institution has rendered a judgment or award that has become legally effective, such judgment or award shall be enforced.

  Article 16 During the period of domain name dispute resolution and within 10 days after the publication of the award, the domain name holder may not apply for a transfer or cancellation of the disputed domain name, unless the transferee agrees in writing to be bound by the award of the dispute resolution.

  Article 17 A dispute resolution institution shall establish a dedicated internet website, receive complaints concerning domain name disputes online and publicize the materials concerning domain name dispute cases. However, the dispute resolution institution may keep confidential materials and information that it is of the opinion could prejudice the interests of the complainant or respondent if publicized, if it is requested to do so by the complainant or respondent.

  Article 18 The China Internet Network Information Center may amend these Policies in accordance with such circumstances as the development of the internet and the domain name technology and changes in relevant Chinese laws, administrative regulations and policies, etc. The amended Policies will be published on the website and be implemented 30 days after the date of publication. The new Policies will not apply to domain name disputes that had been submitted to a dispute resolution institution prior to the amendment of these Policies.

  The amended Policies will automatically become a part of the existing domain name registration agreements between holders of domain names and domain name registration service providers. If a domain name holder does not agree to be bound by the dispute resolution Policies or an amended version thereof, he shall notify the domain name registration service provider in a timely manner. The domain name registration service provider will continue the domain name services for the domain name holder for 30 days after the receipt of such notification and cancel the relevant domain name after the passage of the 30 days.

  Article 19 The China Internet Network Information Center is in charge of interpreting these Policies.

  Article 20 These Policies shall be implemented as of 30 September 2002. The original Resolution of Disputes Concerning Chinese-language Domain Names Procedures (Trial Implementation) shall be repealed simultaneously.

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