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Article 1. To resolve domain name disputes, these Rules are formulated in accordance with CNNIC Domain Name Administration Policy. Article 2. These Rules are applicable to disputes arising from the Internet domain name registration and/or use dispute. The domain name shall be limited to CN domain names managed by the China Internet Network Information Center and Chinese domain names. Domain name in dispute that has been registered for more than 2 years will not be accepted. Article 3. Domain name dispute shall be accepted by the resolution institutions accredited by the China Internet Network Information Center. Resolution institution shall develop appropriate supplementary rules based on the current Rules and "Domain Name Dispute Resolution Procedures of China Internet Network Information Center". Article 4. The accredited resolution institutions shall employ "Panel" mechanism to resolve domain name disputes. Panel is composed of 1 or 3 Panelists who are well equipped with the Internet and legal knowledge, high professional ethics and ability to adjudicate disputes independently and impartially. The accredited resolution institutions shall publish a list of available panelists on the Internet. Article 5. Any person or entity may initiate a domain name dispute resolution proceedings by submitting a complaint in accordance with CNDRP and these Rules to any Provider approved by CNNIC. After accepting complaint, the resolution institution shall form a Panel in accordance with the resolution procedures. According to the current Rules and the resolution procedures, based on "independent, neutral and convenient" principles, the Panel shall have verdict within 14 days after its formation. Article 6. Unless otherwise agreed by the Parties or determined in exceptional cases by the Panel, the language of the domain name dispute resolution proceedings shall be Chinese. Article 7. The complainant and the complaint shall bear the burden of proof for their respective claims. Article 8. Complaints that fulfill the following shall be encouraged: (1) the disputed domain name is identical with or confusingly similar to the complainant's name or mark in which the Complaint has civil rights or interests; (2) the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name; (3) the disputed domain name holder has registered or is being used the domain name in bad faith. Article 9. Under any of the following, the domain name registration &/use of the complaint shall be regarded as "in bad faith": (1) registering/selling the domain name in dispute in order to gain benefits from selling, leasing or transferring right of the domain name to either civil right owner complainant or the complainant's competitors; (2) having record of registering names and/or logos which others have legitimate interests as own domain names in order to prevent others to enjoy their legitimate rights on the Internet; (3) registering /acquiring the domain name in dispute in order to damage the reputation of the complainant, disrupt the complainant's business activities or confuse the public with the differences between the complaint and the complainant; or (4) other malicious situations. Article 10. Before receiving the complaint issued by the dispute resolution provider, with any of the following, the complaint shall enjoy the legal rights of the domain name in dispute: (1) The complaint had already used the domain name in dispute or the name similar to the domain name in dispute while providing products or services; (2) Although the complaint had not got the trademark, the domain name set up by the complaint is already visible; or (3) The complaint reasonably use or use the domain name for non-commercial purpose. Article 11. The complainant or complaint may apply to combine multiple domain names disputes into one provided that the domain names are registered by the same domain name holder. The final decision remains to the Panel. Article 12. Before the Panel verdict, if the complaint or complainant deems that the Panel member(s) may have interest conflicts, he/she can request the particular Panel member(s) avoidance with explanation of the facts, reasons and evidence. But the final decision remains to the Panel. Article 13. During the resolution, the China Internet Network Information Center and the domain name registration service provider will not participate other than providing domain name registration and use data. Article 14. The Panel shall adjudicate based on the evidence provided by the complainant and the complaint and the facts. If Panel finds that the complaint is substantiated, the Panel shall order cancellation of already registered domain name or transfer of already registered domain name to the Complainant. If the Panel finds that the complaint is unfounded, the Panel shall order dismissing a complaint. Article 15. Before complaining in accordance to the current Rules, during the dispute resolution, or even after the Panel's verdict, for the same dispute, the complaint or complainant can still start court proceedings at the courts where China Internet Network Information Center is located or request arbitration based on the agreement. Article 16. Domain name registration service provider shall execute the cancelation or transfer of the domain name in dispute after 10 days as of the promulgation day of the ruling. If the complaint provides valid evidence that the competent any of judicial authorities or arbitration authorities has accepted the dispute, the ruling of the dispute resolution institution shall be suspended. If the ruling is suspended, the domain name registration service provider shall: (1) carry out the settlement if there's evidence showing that the parties agree on a settlement; (2) carry out the ruling of the dispute resolution institution if there's evidence showing that the complaint is unfounded; (3) carry out the legally effective verdict of the judicial authorities or arbitration authorities. Article 17. During the resolution and within 10 days after publishing the ruling the domain name holder shall not transfer or cancel the registration of the domain name in dispute unless there's assignee-signed agreement to be bound by the resolution. Article 18. Dispute resolution institution shall set up a website to accept domain name dispute complaints and publish the information related to the disputes. Upon the complaint's or complainant's request, the institution can withhold the disputes information if the institution deem that such publishment may damage the complaint's or complainant's interests. Article 19. Following the Internet development, technology advancement, the changes of China laws, rules, regulations and policies, CNNIC can amend these Rules. The amended rules shall be published on the Internet and shall come into force as of the 30th day after promulgation. The amended rules shall not apply to the complaints received by the dispute resolution institution before the effectiveness of the amendments. The amended rules will be deemed to be part of the agreement between the domain name holders and the domain name registration service providers. If domain name holders disagree with the amendments, they shall inform the domain name registration service provider in time. After receiving the notice, the registration service provider will continue domain name registration for 30 days; after 30 days, the service provider will cancel the domain name registration. Article 20. These Rules are subject to the interpretation of CNNIC. Article 21. These Rules shall come into force as of March 17, 2006. The Rules Of CNNIC Domain Name Dispute Resolution that came into force as of September 30, 2002 shall be repealed. |
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