Chinese Domain Name Dispute Resolution
March 31, 2006 | BY
clpstaff &clp articles &Chinese domain names have become an important online marketing tool for businesses with a strong presence in China. However, the lack of regulation is a major concern and may lead to website domain name disputes. What options are available to resolve such disputes and how can businesses protect these intellectual property rights?
By Fred Hao, Partner, Lei Jie Law Office
A Chinese domain name (CDN) is an internationalized domain name containing Chinese characters.1 Like English domain names, CDNs are 'door codes' to the internet and are a key part of China's domain name system. The China Internet Network Information Center (CNNIC) is responsible for the management of CDNs. Applicants can register CDNs with CNNIC through its authorized agencies. Like trademarks, CDNs are important commercial symbols possessing the basic elements of intellectual property rights (IPRs) and should be protected. A CDN may be registered without any authorization. However, this may seriously infringe another party's IPRs. When conflicts arise, what kinds of IPRs are involved in a CDN dispute? What is the procedure and applicable laws for resolving these disputes? Finally, what measures can IPRs owners adopt to protect their rights?
Implication of intellectual property rights
CDNs may conflict with four types of IPRs that are implicated in CDN disputes. Firstly, the CDN and trademark may conflict with another well-known Chinese trademark, or the Chinese translation used or intended for use in China, of an English trademark. For instance, an artwork manufacturer in Fujian province registered '舒肤佳.cn' and '玉兰油.cn', which are respectively identical to the well-known Chinese version of the trademarks 'Safeguard' and 'Olay' owned and used by P&G in China. Secondly, the CDN may conflict with another famous Chinese trade name or the Chinese translation, used in China, of an English trade name. For example, an auto distributor registered '迪斯尼.cn', which is identical to Walt Disney's Chinese trade name. Thirdly, the conflicting CDN may be identical to another party's trademark and trade name such as the case where a heat-treating equipment company in Nanjing registered '勁量.中國
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