Shulou(Shulou.com)05/31 Report--

Many beginners are not very clear about the solution to the dispute over the CN domain name. In order to help you solve this problem, the following editor will explain it in detail. People with this need can come and learn. I hope you can gain something.

The editor has collected the solution to the dispute over the CN domain name. Read this description before registering the CN domain name.

1. How to solve the dispute of malicious preemptive registration of domain names?

A: if an enterprise finds that its trademark or trade name, which enjoys legitimate civil rights and interests, has been maliciously preemptively registered as a CN domain name, it may lodge a complaint with the online dispute Resolution Center and Domain name dispute Resolution Center of the China International Economic and Trade Arbitration Commission (hereinafter referred to as "the Center"), a domain name dispute resolution organization designated by the China Internet Network Information Center (CNNIC), the Chinese domain name registration authority, for resolution.

2. What are the necessary conditions for a CN domain name dispute complaint to be supported?

A: according to the provisions of the Domain name dispute Resolution of the China Internet Network Information Center (hereinafter referred to as the "solution"), in order for the complaint to be supported, the complainant must prove that the following three situations exist at the same time:

(1) the domain name under complaint is the same as the name or logo in which the complainant has a civil interest, or is similar enough to cause confusion.

(2) the holder of the domain name under complaint has no legitimate rights and interests in the domain name or its main part.

(3) the holder of the domain name under complaint is malicious to the registration or use of the domain name.

3. How to judge that domain name registrants maliciously register and use CN domain names?

A: the solution stipulates that if the domain name holder has one of the following circumstances, his behavior constitutes malicious registration or the use of the domain name:

(1) the purpose of registering or transferring a domain name is to sell, lease or otherwise transfer the domain name to the complainant or his competitor as the owner of the civil interest for the purpose of obtaining illegitimate benefits.

(2) to register the name or logo enjoyed by others as their own domain name many times, so as to prevent others from using the name or logo with legitimate interest on the Internet in the form of domain name.

(3) the purpose of registering or transferring a domain name is to damage the reputation of the complainant, damage the normal business activities of the complainant, or confuse the difference with the complainant and mislead the public.

(4) other malicious situations.

4. How to conduct the CN domain name dispute resolution procedure?

A: generally speaking, the solution procedure consists of the following steps:

(1) the complainant shall submit the complaint to the Secretariat of the Centre in accordance with the requirements.

(2) the Secretariat of the Centre shall issue a notice of the commencement of the procedure to the domain name holder under complaint, requiring him to reply to the complaint.

(3) submission of a defence by the respondent

(IV) experts designated by the Secretariat of the Centre to form a panel of experts to hear cases

(5) the decision of the expert group

(VI) the domain name registrar shall implement the decision of the panel to cancel or transfer the domain name or maintain the status of the domain name holder.

5. How long will it take to resolve the CN domain name dispute? How long should the expert group make its decision?

A: under normal circumstances, the settlement procedure shall not exceed 60 days from the time the complainant submits the complaint to the date of receipt of the ruling made by the panel of experts.

In accordance with the rules of procedure for Domain name dispute Resolution of the China Internet Network Information Center (hereinafter referred to as the "procedural rules"), unless there are special circumstances, the expert group shall make a ruling on the domain name dispute within 14 days after its establishment.

6. How much is the CN domain name dispute resolution procedure charged?

A: the fee for the settlement procedure is determined according to the number of domain names under complaint and the number of experts selected by the complainant to resolve the dispute. For example, if the complaint is against one domain name, the complainant chooses an one-member expert group, the procedure fee is RMB 4000, and the procedure fee is RMB 7000; if the complaint is against two or five domain names, the complainant chooses an one-member expert group with a procedure fee of RMB 6000 and a three-member expert group with a procedure fee of RMB 10000. For details, please refer to the relevant columns of the center's website (www.odr.org.cn).

7. If the complainant has lodged a complaint with the center, can he file a lawsuit with the court on the dispute over the same domain name?

A: according to the provisions of the "solution", before filing a complaint according to the "solution", the domain name dispute resolution procedure is in progress, or after the expert group has made a ruling, the complainant or the person against whom the complaint is lodged may bring a lawsuit in the court over the same domain name dispute.

8. How to implement the decision made by the expert group?

A: according to the provisions of the solution, if the expert group decides to cancel the domain name or to transfer the domain name to the complainant, if the ruling is published on the website of the center, the domain name registration service shall implement it. However, if the respondent provides valid evidence to prove that the court with jurisdiction has accepted the relevant dispute within 10 days from the date of publication of the ruling, the domain name registrar will suspend the implementation of the ruling of the expert group of the center.

The domain name registrant shall, as appropriate, deal with the ruling of the suspended dispute resolution provider as follows:

(1) if there is evidence that the parties to the dispute have reached a settlement, the settlement agreement shall be implemented.

(2) if there is evidence that the relevant complaint has been dismissed or withdrawn, the ruling of the expert group of the center shall be implemented.

(3) if a judgment is made by the relevant court and has taken legal effect, the judgment shall be executed.

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