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

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