The content of the domain name dispute resolution method of China Internet Network Information Center

Article 1 In order to resolve Internet domain name disputes, these Measures are formulated in accordance with relevant laws, administrative regulations and the Measures for the Administration of Internet Domain Names in China.

Article 2 These Measures shall apply to disputes arising from the registration or use of Internet domain names. The disputed domain name should be limited to ". CN "and". China "domain name is managed by China Internet Information Center. However, if the registration period of the disputed domain name exceeds two years, the domain name dispute settlement institution will not accept it.

Article 3 Domain name disputes shall be accepted and settled by a dispute settlement institution recognized by China Internet Network Information Center.

The dispute settlement institution shall formulate corresponding supplementary rules in accordance with these Measures and the Rules for the Dispute Settlement Procedure of National Top-level Domain Names of China Internet Network Information Center.

Article 4 The dispute settlement institution shall adopt the system that the expert group is responsible for dispute settlement. The expert group consists of one to three experts with Internet and related legal knowledge, high professional ethics and the ability to make independent and neutral decisions on domain name disputes. Domain name dispute resolution institutions publish a roster of experts for complainants and respondents to choose through the Internet.

Article 5 Anyone who thinks that the registered domain name of another person conflicts with its legitimate rights and interests may complain to the dispute settlement institution.

After accepting a complaint, the dispute settlement institution shall form an expert group according to the rules of procedure, and the expert group shall make a ruling on the dispute within 14 days from the date of the establishment of the expert group according to these measures and rules of procedure and following the principles of independence, neutrality and convenience.

Article 6 The language of the adjudication procedure shall be Chinese, unless otherwise agreed by the complainant and the respondent, or the panel decides to use other languages.

Article 7 The complainant and the respondent shall bear the burden of proof for their respective claims.

Eighth meet the following conditions, should be supported:

(a) the domain name complained of is the same as the name or logo of the complainant enjoying civil rights, or the similarity is enough to cause confusion;

(2) The holder of the complained domain name does not enjoy the legitimate rights and interests of the domain name or its main part;

(3) The complained domain name holder is malicious to the registration or use of the domain name.

Article 9 If the complained domain name holder has any of the following circumstances, his behavior constitutes malicious registration or use of the domain name:

(1) The purpose of registering or transferring a domain name is to sell, lease or transfer the domain name to the complainant or his competitors as the owner of civil rights and interests in order to obtain illegitimate interests;

(2) Registering the names or logos that others enjoy legitimate rights and interests as their own domain names for many times to prevent others from using the names or logos that they enjoy legitimate rights and interests in the form of domain names on the Internet;

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

(4) Other malicious circumstances.

Article 10 Before receiving the complaint from the dispute settlement institution, the respondent has one of the following circumstances, which indicates that he enjoys legal rights and interests in the domain name:

(1) The respondent has used the domain name or the name corresponding to the domain name in good faith in the process of providing goods or services;

(2) Although the respondent has not obtained a commodity trademark or a related service trademark, the domain name it holds has gained a certain popularity;

(3) The respondent legally used the domain name reasonably or non-commercially, and there was no intention to mislead consumers in order to obtain commercial benefits.

Article 11 If a complainant disputes multiple domain names of the same respondent, the complainant or the respondent may request the dispute settlement institution to merge multiple disputes into a dispute case, which shall be handled by the same expert group. Whether to merge or not is decided by the expert group.

Article 12 Before the panel makes a ruling on relevant disputes, if the complainant or respondent thinks that the members of the panel have an interest relationship with the other party, which may affect the fairness of the case, they may request the experts to withdraw, but they shall explain the specific facts and reasons on which the withdrawal request is based and provide evidence. Whether to withdraw is decided by the dispute settlement body.

Article 13 In the domain name dispute settlement procedure, China Internet Information Center and the domain name registration service institution shall not participate in the dispute settlement procedure in any capacity or manner, except that the domain name registration service institution provides information related to domain name registration and use according to the requirements of the dispute settlement institution.

Article 14 The expert group shall make a ruling on the dispute according to the evidence provided by the complainant and the respondent and the facts involved in the dispute. If the expert group finds the complaint established, it shall decide to cancel the registered domain name or transfer the registered domain name to the complainant. If the expert group finds that the complaint is unfounded, it shall rule to reject the complaint.

Article 15 Before lodging a complaint in accordance with these Measures, during the dispute settlement procedure, or after the expert group makes a ruling, both the complainant and the respondent may file a lawsuit in the China court where the China Internet Network Information Center is located, or submit the same dispute to an arbitration institution in China for arbitration according to the agreement.

Article 16 If the dispute settlement institution decides to cancel the domain name or transfer the domain name to the complainant, the domain name registration service institution shall implement it after 10 from the date of announcement of the ruling. However, if the respondent provides valid evidence to prove that the judicial organ or arbitration institution with jurisdiction has accepted the relevant dispute within 10 days from the date of announcement of the award, the award of the dispute settlement institution shall be suspended.

The domain name registration service agency shall, as the case may be, make the following treatment for the ruling that the dispute settlement institution suspends execution:

(a) there is evidence that the two parties to the dispute have reached a settlement, and the settlement agreement shall be implemented;

(two) there is evidence that the application for prosecution or arbitration has been rejected or withdrawn, and the ruling of the dispute settlement institution shall be implemented;

(three) the relevant judicial organs or arbitration institutions have made judgments, which have taken legal effect and are being executed.

Article 17 During the period of domain name dispute settlement and before the execution of the award, the domain name holder may not apply for the transfer or cancellation of the disputed domain name, nor may he change the domain name registration service organization, unless the transferee agrees in writing to be bound by the dispute settlement award.

Article 18 A dispute settlement institution shall establish a special Internet site to accept complaints about domain name disputes online and publish relevant information about domain name disputes. However, at the request of the complainant or respondent, the dispute settlement institution shall not publish materials and information that may harm the interests of the complainant or respondent after publication.

Article 19 China Internet Information Center may revise these Measures according to the development of Internet and domain name technology and the changes of relevant laws, administrative regulations and policies in China. The revised measures will be published through the website and implemented 30 days after the date of publication. The new method is not applicable to domain name disputes that have been submitted to dispute settlement institutions before the revision of these Measures.

The revised method will automatically become part of the existing domain name registration agreement between the domain name holder and the domain name registration service organization. If the domain name holder does not agree to accept the dispute settlement method or its revised text, it shall promptly notify the domain name registration service organization. The domain name registration service organization will keep the domain name service for 30 days after receiving the notice; After 30 days, the domain name will be cancelled.

Article 20 These Measures shall be interpreted by China Internet Information Center.