Top 10 Questions Regarding Domain Name Disputes (Part I)
October 02, 2005 | BY
clpstaff &clp articlesThe Policies for the Resolution of Domain Name Disputes, formulated by the China Internet Network Information Center (CNNIC), provides that a complaint…
The Policies for the Resolution of Domain Name Disputes, formulated by the China Internet Network Information Center (CNNIC), provides that a complaint by a trademark owner against a domain name holder will be supported if it satisfies the following three criteria: (i) the domain name is identical with the name or identifier in which the complainant has civil rights and interests and its similarity is sufficient to cause confusion; (ii) the domain name holder does not have legitimate rights or interests over the disputed domain name or the important part thereof; and (iii) the domain name holder registered or used the domain name in bad faith.
As a frequent user of the services provided by the Domain Name Dispute Resolution Center (DNDRC) of the China International Economic and Trade Arbitration Commission (CIETAC), as well as an appointed panelist in a number of DNDRC cases, here is my view on ten key substantive and procedural issues.
1. What rights are considered 'civil rights and interests' (民事权益) as stipulated in the Policies?
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now