China Internet Network Information Center, Policies for Resolution of Domain Name Disputes
中国互联网络信息中心域名争议解决办法
October 31, 2002 | BY
clpstaff &clp articles &Issued: September 25 2002Effective: September 30 2002Interpreting authority: China Internet Network Information CenterApplicability: These Policies shall…
Issued: September 25 2002
Effective: September 30 2002
Interpreting authority: China Internet Network Information Center
Applicability: These Policies shall apply to all .CN or Chinese domain names administered by the China Internet Network Information Center over which registration or use disputes arise (Article 2).
Main contents: The Policies state that whenever there is a conflict over the lawful rights and interests of a domain name holder, that individual or organization may report that conflict to a dispute resolution organization recognized by the China Internet Network Information Center (Articles 3 and 5). Such a dispute resolution organization shall establish an expert group of one or three people to adjudicate the dispute (Article 4). Within 14 days of the establishment of the expert group, the expert group shall render judgment (Article 5). Article 8 lists the circumstances where a complaint should be supported. Article 9 lists the circumstances under which an act constitutes registration or use of a domain name in bad faith. The Policies provide for the unification of suits under some circumstances and, in certain cases, the dispute may be adjudicated in a language other than Chinese (Articles 6 and 10). The rest of the Policies deal primarily with procedural aspects of dispute resolutions (Articles 12 to 17). Within ten days of the judgment of the expert group the parties may bring the case before a people's court or an Arbitration Commission, otherwise the judgment will be executed (Article 15).
Related legislation: Administration of China Internet Domain Names Procedures, Aug 1 2002, CLP 2002 No.7 p13 and Policies for Resolution of Domain Name Disputes Procedural Rules, Sep 25 2002, CLP 2002 No.8 p11
Repealed legislation: Resolution of Disputes Concerning Chinese-language Domain Names Procedures (Trial Implementation), Nov 1 2000, CLP 2000 No.10 p19
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