China Internet Network Information Center Domain Name Dispute Resolution Procedures

China Internet Network Information Center Domain Name Dispute Resolution Procedures

Chapter 1 General Rules and Definitions

Article 1 In order to ensure the fairness, convenience and rapidity of the domain name dispute resolution procedures, this Procedure is formulated in accordance with the provisions of the “China Internet Network Information Center Domain Name Dispute Resolution Measures” (hereinafter referred to as the “Measures”) of the China Internet Network Information Center. rule.

Article 2 The domain name dispute resolution procedures conducted in accordance with the "Measures for Settlement" are governed by these Rules and the "Supplementary Rules" formulated by the domain name dispute resolution agency in accordance with these Rules.

Article 3 The meaning of the following terms involved in this rule (hereinafter referred to as "the Rules of Procedure") is:

(1) "Solutions": Refers to the "China Internet Network Information Center Domain Name Dispute Resolution Measures" formulated by China Internet Network Information Center. The "solution" forms part of the domain name registration agreement between the domain name holder and the domain name registration service and is binding on the domain name holder.

(2) Registration Agreement: This refers to the domain name registration agreement signed between the domain name holder and the domain name registration service.

(3) The parties: refer to the complainant and the complainee of the domain name dispute.

(4) Complainant: A party who disputes the relevant domain name and submits a complaint to the domain name dispute resolution agency according to the "Measures for Resolution" and "Procedure Rules."

(5) The respondent: It refers to the domain name holder who has been complained.

(6) Domain Name Registration Authority: Refers to the China Internet Network Information Center (CNNIC).

(7) Domain Name Registration Service Organization: An organization authorized by the China Internet Network Information Center to accept applications for domain name registration and complete registration.

(8) Domain Name Registration Agency: An organization that accepts applications for domain name registration within the scope of authorization of a registrar.

(9) Domain Name Dispute Resolution Agency: An organization recognized and authorized by the China Internet Network Information Center to resolve domain name disputes in China's Internet network.

(10) Expert Group: A group of one or three experts appointed by the Domain Name Dispute Resolution Agency to hear complaints concerning domain name disputes.

(11) Expert: A person who is accredited by a domain name dispute resolution agency and is posted on the expert list on the website of the domain name dispute resolution agency and who is qualified to serve as a domain name dispute resolution agency domain name dispute expert group member.

(12) "Supplementary Rules" refers to the supplementary rules of the "Procedural Rules" formulated by the domain name dispute resolution agency in accordance with the "Procedure Rules."

(13) "Simplified Rules" means the swift procedural rules applicable to the special type of domain name disputes under the "Measures" formulated by the domain name dispute resolution agency in accordance with the "Procedural Rules" and "Supplementary Rules."

Chapter II Submission and Delivery of Documents

Article 4 The submission of documents for domain name disputes shall comply with the following principles:

(1) Any document transmitted by a domain name dispute resolution agency to a party must simultaneously transmit a copy to the other party;

(2) The documents transmitted by the expert group to any of the parties must be transmitted to the domain name dispute resolution agency and the other party at the same time;

(3) The document transmitting party is obliged to keep records of its transmitted documents to record the facts and circumstances of the relevant document transmission for the parties concerned to review and use in making the corresponding reports;

(4) When one of the parties transmitting the document receives a notice and is informed that it has not received the document it transmitted, or if the party transmitting the document believes that the document cannot be successfully transmitted, the party shall promptly notify the domain name of the relevant information. Dispute resolution agency. Thereafter, the transmission and reply of any documents shall be in accordance with the instructions of the domain name dispute resolution agency;

(5) Any party may notify the domain name dispute resolution agency to update its detailed contact information.

Article 5 The domain name dispute resolution agency is responsible for taking effective measures to ensure that the complainee actually receives the complaint. If the respondent actually receives the complaint, or if the domain name dispute resolution agency implements the following actions to enable the complainee to actually receive the complaint, the above responsibilities are deemed to have been lifted:

(1) Send all the postal communications and fax addresses of the domain name holders, management contacts, technical contacts, contractors, and payment contacts recorded in the WHOIS database of the domain name registration authority and domain name registration service provider to the respondent Complaints

(b) The e-mail addresses of domain name holders, management contacts, technical contacts, contractors and payment contacts recorded in the WHOIS database of domain name registration authorities and domain name registration service providers, or when the domain name corresponds to a website In accordance with the email address provided in the contact information of the website, the electronic version of the complaint (including the attachment that can be served in the relevant format to the respondent) is sent to the respondent;

(3) In accordance with the respondent's own choice and notification of the other communications addresses of the domain name dispute resolution agency, and wherever practicable, the complainant sends the complaint to the respondent in accordance with all other addresses provided in item (5) of Article 11 above.

Article 6 Except as provided for in the preceding article, any document transmitted to the complainant or the respondent in accordance with these Rules shall be conducted in the manner designated by the complainant or the complainee. When the complainant or the respondent does not specify, the following three methods are selected:

(a) transmission via fax with transmission confirmation;

(B) prepaid postage and send it by mail or postal delivery with a receipt;

(c) in the case of the availability of transmission records, transmitted electronically via the Internet.

Article 7 Any documents submitted by the complainant and the respondent to the domain name dispute resolution agency or the expert group shall be submitted in accordance with the methods and methods (including the number of copies) specified in the Supplementary Rules of the domain name dispute resolution agency.

Article 8 Unless otherwise agreed by the parties or otherwise determined by the expert group under special circumstances, the language used in the domain name dispute resolution procedures shall be Chinese. The expert group may request the parties to submit all or part of the Chinese translation of any document not produced in Chinese.

Article IX Except as otherwise provided in these Rules, or otherwise decided by the Expert Group, all documents stipulated in these Rules shall be deemed to have been served in the following circumstances:

(1) If it is transmitted by fax, the date displayed on the confirmation of transmission shall prevail;

(2) If it is sent by post or postal courier, the date recorded on the return receipt shall prevail;

(3) If it is transmitted via the Internet and the date of transmission is verifiable, the date shall prevail.

Article 10 Except as otherwise provided in these Rules, the date of commencement of the period prescribed by these Rules shall be the earliest date of service of documents presumed in accordance with the provisions of the preceding Article.

Chapter 3 Complaints

Article 11 Any institution or individual may submit a complaint to the domain name dispute resolution agency authorized by the China Internet Network Information Center to initiate the domain name dispute resolution procedure in accordance with the provisions of the “Measures for Settlement” and “Rules of Procedure”.

Article 12 Complaints should be submitted in the form of electronic documents (unless electronic text complaints cannot be submitted in accordance with regulations and attachments without an electronic file format), and should include the following:

(i) A clear request for trials and rulings based on the "solutions" and "procedural rules";

(2) The name (name), postal address, e-mail address, telephone number and fax number of the complainant and its agents;

(3) Whether it is an electronic file or a tangible paper document, it should indicate the preferred method of contacting the complainant in the domain name dispute resolution procedure, including the contact person, contact information and contact address;

(d) Whether to choose to deal with disputed experts, and whether to select one or three expert groups. If a three-person panel is selected to decide the dispute, the complainant shall select three experts as candidates from the list of experts on the domain name dispute resolution agency in their own discretion and specify the names of the experts. The complainant may also authorize the domain name dispute resolution agency to designate its experts on its behalf;

(e) To the best of its knowledge, state the name (name) and detailed contact information (including all postal addresses, e-mail addresses, contact numbers and faxes) of the respondent (name holder) or his representative and agent. number). The above information shall be detailed and sufficient to allow the domain name dispute resolution agency to transmit the complainant's complaint to the respondent in the manner prescribed by these rules;

(6) to specify the disputed domain name;

(7) to determine the registration service agency and/or registered agency of the disputed domain name;

(8) The complainant's complaint is based on his rights or legitimate interests in relation to the disputed domain name, with all the information that can indicate the rights status;

(9) According to the "Measures for Settlement," explain the reasons for filing a complaint, in particular:

1. The domain name of the respondent (domain name holder) is the same as the name or logo of the civil rights enjoyed by the complainant, or has similarities that may cause confusion;
2. The respondent (name holder) does not enjoy legal rights over the domain name or its main part;
3. The complainee (name holder) has malicious intention to register or use the domain name;
(For the third item, the complainant should explain all aspects specified in Article 9 of the “Resolution.” The explanatory text shall comply with the number of words or the number of pages of documents specified in the Supplementary Rules of the Domain Name Dispute Resolution Agency.)

(10) Remedy sought pursuant to Article 13 of the "Measures for Settlement";

(11) If there is a judicial or arbitral proceeding concerning a dispute over the same domain name, whether or not such a procedure has been concluded, it shall be explained and submitted with all information relevant to the procedure and available to the complainant;

(12) The following statement shall be attached to the end of the complaint and signed or sealed by the complainant or his legal representative or authorized agent:

"The complainant confirmed that the complaint was based on the "China Internet Network Information Center Domain Name Dispute Resolution Procedure", "China Internet Network Information Center Rules for the Settlement of Domain Name Dispute Procedures" and related laws. As far as I know, the complaint contained The information is complete and accurate; the relevant complaints and remedies are only for registered domain name holders, and do not involve domain name dispute resolution agencies and expert panel experts, nor do they involve domain name registration authorities and registrars, registrants, and domain name registrations. Agency."

(13) As an annex, submit documents that can prove the status of the rights and any other relevant documents.

Article 13 A complaint may be filed against multiple domain names registered by the same domain name holder.

Article 14 After receiving the complaint, the domain name dispute resolution agency shall conduct a formal review of the complaint in accordance with the provisions of the "Measures for Settlement," "Procedure Rules," and "Supplementary Rules."

If the domain name dispute resolution agency considers that the complaint meets the requirements for acceptance, it shall serve a copy of the complaint on the domain name subject to the complaint in the manner prescribed by this rule upon receipt of the fee paid by the complainant according to the regulations; Where there is a defect in the form of the document, the domain name dispute resolution agency shall notify the complainant in a timely manner and require it to make necessary changes to the complaint file within the prescribed time limit. If the complainant fails to revise the complaint within the stipulated time limit, or if the amended document still does not meet the requirements, the complaint shall be deemed withdrawn by the domain name dispute resolution agency in writing.

Article 15 The date on which the domain name dispute resolution agency completes serving the complaint to the respondent in accordance with Article 5 of the Rules of Procedure shall be the official start date of the domain name dispute resolution procedure.

Article 16 The domain name dispute resolution agency shall promptly notify the parties and the domain name registration service and the China Internet Network Information Center of the date of commencement of the dispute resolution procedure.

Chapter 4 Answer

Article 17 The respondent shall submit a reply to the domain name dispute resolution agency within 20 days from the date of commencement of the domain name dispute resolution procedure.

Article 18 The statement of defense shall be submitted in the form of an electronic file (unless it is not possible to submit an electronic text defense statement in accordance with regulations and an attachment without an electronic file format), and shall include the following contents:

(1) to refute the complainant's complaint and claim, and state the basis and specific reasons for continuing to own and use the disputed domain name (this part of the reply should be subject to the word limit or page limit as stipulated in the Supplementary Rules of the domain name dispute resolution agency);

(2) The name (name) and detailed contact information (postal address, email address, telephone number and fax number) of the respondent and its authorized agents;

(3) Whether it is an electronic document or a tangible written document, it should indicate the preferred contact method for liaising with the respondent in the domain name dispute resolution procedure, including contact person, contact information and contact address;

(4) If the complainant selects one expert panel to handle the case in the complaint, it shall state whether the respondent chooses to submit the dispute to a three-person expert group for trial;

(5) If the complainant or the complainee chooses to be tried by a three-person expert group, the respondent shall select three experts as candidates from the list of experts announced by the domain name dispute resolution agency in their own discretion, and specify the experts Name. The respondent may also authorize the Domain Name Dispute Resolution Center to designate experts on its behalf;

(6) If there is a judicial or arbitral procedure concerning the same domain name dispute, whether or not the procedure has been completed, it shall be explained, and all the information related to the procedure that the complainee can obtain;

(7) The following statement shall be attached to the end of the statement of defense and be signed or sealed by the respondent or its legal representative or its authorized agent:

"The respondent confirmed that the defense was based on the China Internet Network Information Center's "China Internet Network Information Center Domain Name Dispute Resolution Procedure", "China Internet Network Information Center Domain Name Dispute Resolution Procedure Rules" and related laws. The information contained in the statement of defense is complete and accurate, and the relevant defenses and claims are only for complainants, and do not involve domain name dispute resolution agencies and expert panel experts, nor do they involve domain name registration authorities and registrars, registrants, and domain names. Registered agency."

(8) As an annex, submit documents that can prove the status of the rights and any other relevant documents.

Article 19 If the complainant chooses to refer the dispute to a one-person expert group and the complainee chooses to submit the dispute to a three-member expert group, the complainee shall bear the three specified in the Supplementary Rules of the domain name dispute resolution agency. Half the cost of the expert group. The fee should be paid by the respondent when submitting a reply to the domain name dispute resolution agency. If the fees to be charged cannot be paid as required, the dispute will be heard by a panel of experts.

Article 20 At the request of the complainant, the domain name dispute resolution agency may, in special circumstances, extend the deadline for the respondent to submit a reply. The parties may also agree to extend the deadline for the respondent to submit the defense, but the consent of the domain name dispute resolution agency must be obtained.

Chapter 5 Designation of the Expert Group

Article 21 The domain name dispute resolution agency shall publish the roster of experts online. The expert group responsible for domain name dispute resolution procedures consists of one or three experts.

Article 22 If neither the complainant nor the respondent has selected the three-person expert group, the domain name dispute resolution agency will designate an expert from the list of experts within five days after the deadline for the respondent to answer or expiry. Expert group. The expenses of one expert group shall all be borne by the complainant.

Article 23 If the complainant or one of the complainees chooses a three-person expert group, the domain name dispute resolution agency shall designate three experts in accordance with the procedures stipulated in Articles 25 and 26. The expenses of the three-member expert group shall all be borne by the complainant, except for the three-person expert group selected by the respondent. In the latter case, the costs involved should be shared equally between the parties.

Article 24 Unless the complainant has selected a three-person expert group and provided three candidate experts, the complainant shall resolve the domain name dispute within 3 days after receiving the domain name dispute resolution agency's statement of defense regarding the respondent's selection of three expert groups. The agency submits the names of three candidate experts who will be designated as members of the case panel.

Article 25 If the complainant or one of the respondents chooses a three-person expert group, the domain name dispute resolution agency shall appoint one expert from the list of three candidate experts provided by the complainant and the respondent respectively. If the domain name dispute resolution agency is unable to appoint an expert from among the experts selected by one of the parties within 5 days in accordance with customary conditions, the domain name dispute resolution agency will automatically designate from its roster of experts. The third expert should be designated by the domain name dispute resolution agency from its list of experts. The third expert is the chief expert.

Article 26 If the respondent fails to submit a reply or submits a reply but does not indicate how to select the panel of experts, the domain name dispute resolution agency shall appoint the panel of experts as follows:

(1) If the complainant chooses one expert group, the domain name dispute resolution agency should designate one expert from its roster of experts;

(2) If the complainant chooses a three-person expert group, the domain name dispute resolution agency shall designate one expert from among the three candidate experts provided by the complainant and designate the second expert and chief from the list of experts if possible. expert.

Article 27 Whether or not to accept the designation shall be determined by the experts themselves. In order to ensure the speedy and smooth implementation of the dispute resolution procedures, if the experts selected by the parties as candidates do not agree to accept the designation, the domain name dispute resolution agency will designate other experts to form expert groups.

Article 28 After the establishment of the expert group, the domain name dispute resolution agency shall promptly transfer the case to the expert group, and promptly notify the parties concerned of the composition of the expert group and the date on which the panel should submit the award to the dispute resolution agency.

Article 29 Experts shall be independent and impartial, and shall disclose to the domain name dispute resolution agency any situation that may reasonably suspect their independence and impartiality before accepting the designation. If at any stage of the proceedings a new situation arises that could cause reasonable doubt about its independence and impartiality, the expert should immediately disclose the situation to the domain name dispute resolution agency. In this case, the domain name dispute resolution agency has the right to designate other experts.

Experts should submit a written declaration of independence and impartiality to the domain name dispute resolution agency before accepting the designation.

If one of the parties believes that an expert has an interest in the other party, and may have an impartial decision that may affect the case, he or she must submit it to the domain name dispute resolution agency before the panel decides on the dispute. Whether the expert withdraws from the expert group is determined by the domain name dispute resolution agency.

Article 30 No party or its agent may liaise unilaterally with the expert group. All liaisons between a party and the panel or domain name dispute resolution agency shall be handled by the case handler appointed by the domain name dispute resolution agency in the manner prescribed by its Supplementary Rules.

Chapter 6 Trial and Verdict

Article 31 The expert group shall, according to the Rules of Procedure and the Supplementary Rules, carry out the procedures of the case in such manner as it deems appropriate, based on the respective claims and facts of the complainant's and the respondent's complaint and statement of defense. And the evidence submitted, based on the "solutions" and applicable legal rules on domain name disputes. If the respondent fails to submit a reply, if there is no special case, the panel shall decide the dispute on the basis of the complaint.

In the process of handling disputes, the expert group shall treat both parties equally and give the parties an equal opportunity to state the facts, explain the reasons, and provide evidence.

The panel should ensure that the dispute resolution procedures proceed quickly. At the request of the parties, the expert group has the right to decide to extend the time limit set by these rules in special circumstances.

The expert group has the power to determine the admissibility, relevance, interest and probative power of the evidence.

Article 32. In addition to the complaints and defences, the panel of experts shall have the right to require any party to provide further explanations and relevant evidence on the case.

With regard to the materials submitted by the parties themselves in addition to the complaints and statements of defense, unless otherwise agreed by the parties or decided by the panel of experts, the panel of experts will no longer accept them in principle.

Article 33 Under normal circumstances, domain name dispute resolution procedures do not hold court hearings (including any hearings conducted by means of telephone conferences, video conferences, and web conferences), but the panel thinks it necessary to hold and the parties are willing to bear the relevant costs. except.

Article 34 Unless there are special reasons, if one of the parties fails to comply with the provisions of the Rules of Procedure and the Supplementary Rules or any period determined by the panel, the panel will continue the procedure until a decision is reached on the dispute in question.

Article 35 Unless there are special reasons, if a party fails to comply with any of the provisions of the Rules of Procedure and Supplementary Rules or any order of the panel, the panel has the power to make inferences based on what it considers appropriate. .

Article 36 If there are multiple domain name disputes between the complainant and the respondent, either the complainant or the complainee may request that the dispute be referred to a group of experts and heard. The request should be made to the first panel of experts appointed to hear the dispute between the parties. The panel of experts has the power to decide whether to combine some or all of these disputes in a joint trial, provided that the dispute in the merger trial is bound by the “solution”.

Article 37 If there are no special circumstances, the panel shall, within 14 days after its establishment, make a ruling on the domain name disputes involved and submit the award to the domain name dispute resolution agency.

Article 38 An expert shall submit the draft decision to the domain name dispute resolution agency before confirming the conclusion of the award. Without prejudice to the expert's independent ruling, the domain name dispute resolution agency may review the form of the award.

Article 39 In cases where the case is heard by a three-person expert group, the award shall be made in accordance with the opinions of the majority. Every expert has equal voting rights. When the expert group cannot form a majority opinion, the ruling is made according to the opinions of the chief expert. Any disagreement should be included in the ruling.

Article 40 The award shall be made in electronic form and shall state the result of the award and the reason for the award, and shall state the date of the award and the name of the expert.

If the panel believes that the dispute in the complaint does not fall within its jurisdiction, it should be explained. If the expert team determines that the complaint is malicious after reviewing the documents submitted by the parties, the panel may declare in the award that the complaint constitutes an abuse of the domain name dispute resolution procedure.

Article 41 If, before or during the formal commencement of the proceedings, one of the parties initiates a judicial or arbitral proceeding concerning the disputed domain name, the domain name dispute resolution agency or panel of experts has the right to decide whether to suspend or terminate the proceedings or continue the proceedings. Until the ruling is made.

If one of the parties initiates any judicial or arbitral proceedings regarding the disputed domain name during the proceedings, it shall promptly notify the Panel and the domain name dispute resolution agency.

Article 42 Prior to the adjudication of the panel, domain name dispute resolution procedures may be terminated due to the following circumstances:

(1) Reconciliation is reached between the parties themselves;

(b) The panel believes that domain name dispute resolution procedures are no longer necessary or impossible to continue for other reasons, unless a party raises reasonable grounds for objection within the time specified by the panel.

Chapter VII Delivery and Publication of Awards

Article 43 The domain name dispute resolution agency shall, within three days after receiving the ruling submitted by the expert group, notify the parties, the corresponding domain name registration service agency and the China Internet Network Information Center by email.

Article 44 Unless the Panel determines otherwise based on the request of the parties or the specific circumstances of the dispute, the domain name dispute resolution agency shall publish the entire contents of the award on the public website within the time limit specified in Article 43 above.

Chapter VIII Cost

Article 45 The complainant shall pay a fixed procedural fee to the domain name dispute resolution agency in accordance with the provisions of the "Supplementary Rules" or "Simplified Rules" of the domain name dispute resolution agency according to the stipulated time and amount. If the complainee chooses to submit the dispute to a panel of three experts instead of one expert panel selected by the complainant, half of the costs of the three panelists should be borne by the respondent.

In other cases, all costs of the domain name dispute resolution agency shall be borne by the complainant.

Article 46. The domain name dispute resolution agency shall not take any further action in relation to the complaint before the complainant has paid the procedural fees to the domain name dispute resolution agency in accordance with the provisions of the Rules of Procedure and the Supplementary Rules and the Summary Rules. .

Article 47 Under special circumstances, if a hearing in court is held, the domain name dispute resolution agency may require both parties to pay an additional fee. This fee shall be determined by the domain name dispute resolution agency after consultation with the parties and the expert group.

Chapter IX Supplementary Provisions

Article 48. In addition to intentional acts, neither domain name dispute resolution agencies nor experts shall be liable to any party for any acts or omissions related to domain name dispute resolution procedures under this rule.

Article 49 The period specified in these rules or the period determined in accordance with these rules shall be counted from the day following the commencement of the period. The date of the commencement of the term is not counted in the term.

If the next day after the deadline begins is a statutory holiday, it will be counted from the first business day thereafter. The statutory holidays within the period should be calculated within the period. The expiration date is the statutory holiday and the first working day thereafter is the expiry date.

Article 50. A domain name dispute resolution agency may formulate corresponding "supplementary rules" in accordance with this "Procedural Rules," and may also formulate special types of domain name disputes applicable to "solutions" under the "Procedural Rules" and "Supplementary Rules." Simple rules.

Article 51 The Rules of Procedure are interpreted by the China Internet Network Information Center.

Article 52 This "Procedural Rules" shall come into effect on October 8, 2007. The original “Rules on the Procedures for the Settlement of Domain Name Disputes in the China Internet Network Information Center” implemented on March 17, 2006 was repealed at the same time.