Domain Name Disputes: Alternative Resolution vs Litigation

Domain Name Disputes: Alternative Resolution vs Litigation

With the rapid development over the past few years of China's information technology industry, the number of disputes arising over domain names is increasing. This commentary makes a brief review of the evolution of the Chinese legislation on internet domain name disputes, and then focuses on the new judicial interpretation concerning domain name disputes issued by the Supreme People's Court.

Compared with the rapid development of internet technology in China, legislation on domain name disputes has been slow to take effect. In dealing with internet domain name disputes, people find they cannot base their arguments on any special provisions but must resort to a few legal principles in civil and intellectual property laws. As a result, the demand for legislation in domain name disputes resolution is on the rise. In response to such demand, the Chinese government has speeded up its legislation process and the government's efforts have achieved results.

In recent months, several rules and regulations on internet domain name disputes have been promulgated. The Resolution of Disputes Concerning Chinese-language Domain Names Procedures (Trial Implementation) promulgated in November 2000 by the China Internet Network Information Centre (CNNIC) establishes a basic framework for the resolution of disputes. The Settlement of Domain Name Disputes Procedural Rules (Trial Implementation), issued later by the China International Economic and Trade Arbitration Commission (CIETAC) Domain Name Resolution Center, reduces the aforesaid framework to detailed procedural guidelines so as to complete the rule-making contained in CNNIC's solution for Chinese language domain name disputes. In future, CNNIC's solution is likely to become a practical way to resolve Chinese language domain name disputes.

However, after a close look at these two rules, one finds that CNNIC's solution has its limitation in that it is applicable only to the disputes between the Chinese registered trademark (including "famous trademark") holders and the Chinese-language domain name holders. What if a dispute arises from two domain name holders? What if a dispute arises between a registered trademark holder and a holder of an English domain name? Are there any guidelines on these points?