What are the legal bases for domain name dispute resolution?

According to the provisions of the relevant laws of China, where disputes arise due to domain names, the relevant laws mainly include the measures for the management of Internet domain names, the interpretation of several issues concerning the application of law in the trial of civil disputes involving computer network domain names, etc.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names

Article 1: Where parties initiate litigation in the people's courts in civil disputes involving the registration or use of computer network domain names, and upon review they meet the requirements of article 108 of the Civil Procedure Law, the people's courts shall accept them.

Article 2: Cases of infringement disputes involving domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. Where it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff discovers the location of the computer terminal and other equipment of the domain name may be regarded as the place of infringement.

Foreign-related domain name dispute cases include domain name dispute cases where one or both of the parties is a foreigner, a stateless person, a foreign enterprise or organization, an international organization, or a domain name registered in a foreign country. In cases of foreign-related domain name disputes occurring within the territory of the People's Republic of China, jurisdiction shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.

According to the Trademark Law, the Anti-Unfair Competition Law, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names, and other laws and regulations, trademarks, enterprise names, and well-known trade names that have been previously registered or legally registered or used are protected by law. In specific cases, according to the nature and specific circumstances of the legal relationship in dispute, determine the corresponding cause of action and legal basis, and file a lawsuit with the people's court.

Legal Analysis: Resolving Domain Name Disputes:

1. Submit a complaint to the Secretariat of the Domain Name Dispute Resolution Center of the China International Economic Arbitration Slag Sale Committee;

2. The Secretariat shall issue a notice of complaint to the holder of the domain name and Chinese domain name registration in question, and forward a copy of the complaint form;

3. The holder of the domain name note bridge auspicious register submits a statement of defense;

4. The expert group is responsible for conducting relevant administrative procedures and making rulings on the disputes involved;

5. Wait for the panel to make a final ruling;

6. If the panel rules that the domain name and Chinese domain name in question be cancelled or transferred, the ruling will be enforced.

Legal basis: Measures for the Administration of Internet Domain Names in China Article 36 A domain name registration authority may designate a neutral domain name dispute resolution body to resolve domain name disputes.