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Article 1. In order to settle the dispute of registration and use of Chinese domain name, consulting with international practice and rules on the dispute settlement of domain name, these Measures are formulated in accordance with Chinese laws, administrative regulations and policy. Article 2. These Measures are applicable to the settlement of disputes over Chinese domain names and trademarks protected by Chinese laws. The following conditions must be satisfied: (1) The controversial domain name must be the Chinese domain name which is selected by the applicant of the domain name, and managed and maintained by China Internet Network Information Center (hereinafter referred to CNNIC); (2) Except that the objects seeking for protection have been confirmed by relevant authorities as well-known trade mark, if domain name was registered before the implementation of these measures, after the domain name has been registered for 2 years, they cannot be handled with by domain name dispute settlement organ (hereinafter referred to "DOS"); (3) These Measures are executed only by Chinese domain name DOS recognized and authorized by CNNIC, and are binding only on the disputing parties and Chinese domain name registration service agencies (hereinafter referred to "service agencies"); and (4) DOS only hear the complaint raised by the owner of trademark. Disputes arising from holders of domain names shall be settled by other means. Article 3. DOS is a NGO recognized and authorized by CNNIC and is responsible for settling Chinese domain name dispute in accordance with these Measures. DOS shall handle with these disputes based on the principles of being independent, neutral, speedy and convenient, and strictly abide by the stipulations of these measures. In order to effectively implement the rules stipulated in these Measures, DOS shall formulate procedural rules in detail. These rules shall be published and executed after they are recognized by CNNIC. Article 4. DOS shall set up the system of panel group. The panelists to be chosen by the two parties shall be the experts in the field of network, intellectual property or law. They shall be those of noble professional morality and can make judgment on domain name dispute independently and neutrally. Panelists, namelist shall be determined by DOS and published on-line. Article 5. A judgment made by DOS can only be related to their own status change of the registered domain name and not related to other means or ways of remedies. The judgment shall be unconditionally subordinated to effective judgment made by judicial organs or arbitrary agencies. Article 6. Where the owner of trade mark thinks that the registration of domain name having infringed his/her right of trade mark, he/she has the right to lodge a complaint in DOS and ask DSO to make judgment in accordance with these Measures for the purpose of protecting and realizing his/her rights. Article 7. The premises for supporting the complaint against the registered domain name are: (1) the complainant has the right of trademark protected by law; (2) the controversial domain name is similar with or the same as the trade mark, or there are enough similarities between the domain name and the trademark to cause confusion; (3) holder of domain name doesn't have the right of trademark on this domain name or other word combination containing this domain name, nor does the holder of domain name have other rights or interests protected by laws; (4) holder of domain name has malicious intent in the registration and use of this domain name; (5) the complainant's business has been or may be great possibly harmed by the registration and use of this domain name. Complainant shall prove that all of the above premises have been met by showing valid evidence. Where the trademark seeking for protection by the complainant is confirmed as a well-known trademark by relevant authorities, evidence for the premises of section 5 in the preceding paragraph is not needed. Article 8. Evidence of malicious intent in the registration and use of domain name includes but not be limited to the following circumstances: (1) holder of domain name has offered to sell this domain name, and the demanding price unreasonably exceeds the registration fee, thus the holder has the intent of making profits; (2) the holder's purpose of registering the domain name is not for his/her own use but for preventing the owner of trademark from utilizing his/her trademark or parts of it as a domain name; (3) for the purpose of making profits, holder of domain name induces or misleads the users of network to visit holder's web site or other connecting address by causing confusion between the domain name and trademark. Article 9. Malicious intent of registering and using domain name cannot be confirmed if the holder of domain name can prove the existence of one of the following circumstances: (1) holder of domain name or others who have close relationship with the holder has legal rights or interests on the marks which form the domain name; (2) before receiving the notice of dispute, holder of domain name has begun using this domain name properly or during his/her process of providing commodities and services, the holder has used the same mark in good faith and the mark has become very famous; or (3) complaint of the owner of trademark constitutes "reverse encroaching on domain name". Article 10. The circumstances of "reverse encroaching on domain name" include but not be limited to the following activities which the holder of trademark maliciously utilizing the procedure of settling Chinese domain name dispute for the purpose of depriving the legitimate domain name holder of his/her domain name: (1) there is no malicious intent in the registration and use of the controversial domain name, or the registration and use of the domain name has not caused any bad effects on the registered trademark and its owner, or the effects belong to the result of normal commercial competition; (2) the complainant has registered totally different domain name before the registration of the controversial domain name, meanwhile he/she has not provided persuasive evidence to show that he/she had proper reasons for not having registered the controversial domain name at that time; (3) at the time of registering the controversial domain name, trademark seeking for protection has not been registered in China, nor has it been confirmed by relevant authorities as well-known trademark. Article 11. Use of domain name in these Measures is referred to that the registered domain name has been used as external code of the web site. By decoding the network system, users of network are led to the specific network station or page. Using the domain name by means of identification network, network station, page mark, or other non-external code of the web site does not belong to the use of the domain name of these Measures. Article 12. After the acceptance of the complaint, DSO shall set up panel group within fixed period. Panel group is responsible for the settlement of dispute in accordance with the stipulated procedure. Article 13. Where complainant has raised dispute on several domain names held by the same holder, both the complainant and the holder have the right to ask DSO to amalgamate the disputes as a single case which will be handled with by the same panel group. Article 14. Before the judgment made by panel group, if one of the parties thinks that any panelist has interests with the other party which may affect the fairness of the judgment of the case, the party has the right to ask DSO to order the panelist to avoid. Article 15. During the process of settling the domain name dispute, domain name registration service agency shall not participate in the process of settlement except to provide information related to the registration and use of domain name on the demand of DSO. Article 16. On the premises of having confirmed the complaint, the judgment of DSO on the registered domain name shall be limited to: (1) registering the registered domain name; (2) transferring the registered domain name to the complainant. Article 17. Before bringing the complaint pursuant to these Measures, or during the process of settling the dispute, or after the panel group making the judgment, the two disputing parties may bring the same dispute to court or arbitrary agency based on arbitration agreement. If DSO decides to cancel the registered domain name, or transfer the registered domain name to the complainant, domain name registration service agency shall wait for 30 working days before implementing this judgment. During the waiting period, if valid evidence provided by the concerned party shows that competent judicial organs or arbitrary agency has accepted the dispute, domain name registration service agency shall not automatically implement the judgment made by DSO but take further actions based on different conditions: (1) where the party of initiating the litigation or arbitration has withdrawn his/her prosecution or complaint, or the prosecution or complaint has been rejected, the judgment of DSO shall be implemented; (2) where the judicial organ or arbitrary agency has made adjudication, and the adjudication has entered into force, the adjudication shall be implemented; (3) where the disputing parties have reached agreement by themselves or after the reconciliation under the judicial organ or arbitrary agency, the agreement shall be implemented. Article 18. DSO shall set up specific network station to accept the complaint concerning domain name and publish all of the materials related to domain name disputing cases by the way of on-line. If the publishing of relevant materials or information may infringe the concerned party¡¯s interests, required by the concerned party, DSO may decide not to publish these materials or information. Article 19. CNNIC may amend these Measures based on the development of network and domain name system as well as the change of Chinese laws, regulations and policies. The amended measures shall be published through network station and be implemented after 30 days of promulgation. The new measures shall not be applied to the domain name dispute having been brought to DSO before the amendment of these Measures. The amended measures shall automatically become a part of the existing domain name registration agreement. If the holder does not agree to the disputing settlement measures or the amended version, he/she shall notice the domain name registration service agency promptly. After the acceptance of the notice, domain name registration service agency shall keep the domain name service for 30 days; after the 30 days, the concerned domain name shall be canceled. Where the domain name is transferred, the transferee shall accept the existing agreement between the transfer and the domain name registration service agency unconditionally and comprehensively. Article 20. CNNIC is responsible for the explanation of these Measures. Article 21. These Measures shall be implemented after 30 days of promulgation. |
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