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CNNIC Domain Name Dispute Resolution Rules - 2002

Article 1. This Policy is formulated in accordance with relevant Chinese laws, administrative regulations and policies, including the China Internet Domain Names Management Regulations, to resolve disputes relating to domain names on the internet.

Article 2. This Policy applies to resolve disputes stemming from the registration or use of .cn domain names and Chinese domain names, which are managed by the China Internet Network Information Centre ("CNNIC").

Article 3. Disputes relating to domain names shall be resolved by those Dispute Resolution Service Providers recognized by CNNIC.

The Dispute Resolution Service Providers shall formulate the supplementary rules relating to dispute resolution procedures in accordance with this Policy and the Rules for CNNIC Domain Name Dispute Resolution Policy.

Article 4. The Dispute Resolution Service Providers shall implement a system whereby panels of experts shall be responsible for the resolution of disputes. The Panels are to be composed of one to three panelists, who possess expertise in Internet and corresponding laws, hold a high level of professional ethics, and are capable of rendering independent and impartial decisions in domain name disputes. The list of the panelists shall be published on the internet by the Dispute Resolution Service Providers, from which the complainants and respondents may select the panelists.

Article 5. Any institution or individual who considers that a registered domain name is in conflict with the legitimate rights or interests of that institution or individual may file a complaint with the Dispute Resolution Service Providers.

Upon accepting the complaint, the Dispute Resolution Service Providers shall form a panel in accordance with its procedural rules. The panel shall, in accordance with this Policy and the relevant procedural rules, and in an independent, impartial and expedient manner, render a decision to the dispute within 14 days from the date of the appointment of the panel.

Article 6. Proceedings for the resolution of domain name disputes shall be conducted in Chinese, unless otherwise agreed between the parties or prescribed by the panel.

Article 7. The complainant and the respondent shall each bear the burden of proof for their respective claims.

Article 8. Support of a Complaint against a registered domain name is subject to the following conditions:

(i) the disputed domain name is identical with or bears confusing similarities to the complainant's name or mark in which the complainant possesses civil rights or interests;

(ii) the disputed domain name holder has no right or legitimate interest in the domain name or a major part of the domain name;

(iii) the disputed domain name holder has registered or is using the domain name with malicious intent.

Article 9. Any of the following circumstances may constitute evidence of the registration and use of a domain name with malicious intent:

(i) the disputed domain name holder has registered or acquired the domain name for the purpose of selling, renting or otherwise transferring the domain name for the purposes of obtaining illegitimate benefits;

(ii) repeatedly registering the domain name in order to prevent the legitimate owners of the name or mark from using the name or the mark in a corresponding domain name, provided that the domain name holder has been engaged in such a pattern of conduct;

(iii) the disputed domain name holder has registered or acquired the domain name for the purpose of damaging the complainant's reputation, disrupting the normal conduct of the complainant's business or creating confusion surrounding the complainant's name or mark so as to mislead the general public;

(iv) other circumstances which shows malicious intent on the part of the disputed domain name holder.

Article 10. If a complainant files complaints against multiple domain names owned by the same domain name holder, the complainant or the respondent may request that the Dispute Resolution Service Providers consolidate the disputes to be assessed before a single panel. The Panel shall determine whether or not to consolidate the disputes.

Article 11. Before the panel makes a decision in relation to a dispute, either party who believes that any of the panelists has a material interest in the opposite party which may influence his or her impartiality in making the decision may nominate that the Dispute Resolution Service Providers request the panelist to be withdrawn from the Panel. The facts and reasons shall be stated and supporting evidence shall be provided in the request. The Dispute Resolution Service Providers shall have the ultimate discretion in determining whether or not the panelist shall be withdrawn.

Article 12. CNNIC and its registrars shall not participate in the domain name resolution proceedings in any capacity or manner other than providing information relevant to the registration and use of the domain name upon the request of the Dispute Resolution Service Providers.

Article 13. The panel shall make decisions based on the facts relating to the dispute and the evidence submitted by the complainant and the respondent.

Where the panel decides in favour of the complainant, the registered domain name shall be removed or transferred to the complainant; otherwise, the complaint shall be rejected.

Article 14. Before a complaint is filed pursuant to these rules, or during the dispute resolution proceedings, or after the panel has rendered its decision, either party may institute an action concerning the same dispute in a Chinese court in the vicinity where CNNIC 's principal office is located or as agreed between the parties, or submit the dispute to a Chinese arbitration institution for arbitration.

Article 15. If the Dispute Resolution Service Providers makes a decision to cancel the registered domain name or transfer it to the complainant, the domain name registrar shall enforcing the decision 10 calendar days from the date on which the decision is published. If during this period the Respondent submits valid evidence attesting that a competent judicial authority or arbitration institution has accepted the relevant dispute, the registrar shall not enforce the decision of the Dispute Resolution Service Providers.

Subsequent to the suspension of the decision of the Dispute Resolution Service Provider, the registrar shall take the following actions:

(i) where evidence attests that the parties have reached a settlement by themselves, the registrar shall enforce such a settlement.

(ii) where evidence attests that the party who instituted the judicial action or applied for arbitration has withdrawn the complaint or the relevant action or Complaint has been rejected, the registrar shall enforce the decision of the Dispute Resolution Service Providers;

(iii) if the judicial authority or arbitration institution has rendered a judgment or an award that has taken legal effect, the Registrar shall enforce such a judgment or award;

Article 16. During the dispute resolution proceedings and the period of 10 calendar days after the decision is published, the domain name holder shall not apply for the transfer or cancellation of the disputed domain name, unless the transferee agrees in writing to accept the decision of the Dispute Resolution Service Provider.

Article 17. The Dispute Resolution Service Providers shall establish a dedicated website, for the purpose of receiving complaints concerning domain name disputes online and making relevant materials concerning domain name dispute cases publicly available. However, the Dispute Resolution Service Providers, upon the request of the Complainant or the Respondent, may maintain certain materials and information confidential if it is likely their publication may cause damage to the interests of the parties involved.

Article 18. CNNIC has the right to amend this Policy as the technology surrounding Internet and domain name systems develops and in accordance with the revisions of relevant Chinese laws, administrative regulations and policies. The amended Policy will be published on the website and implemented 30 calendar days after the date of publication. The amended Policy shall not apply to domain name disputes that had been submitted to a Dispute Resolution Service Provider prior to the amendment of this Policy.

The amended Policy will automatically become a part of existing domain name registration agreements between the domain name holder and the Registrar. If a domain name holder does not agree to be bound by the Policy or its amended version thereof, he shall notify the Registrar in a timely manner. The Registrar will continue the domain name services for the domain name holder for 30 calendar days after the receipt of such notification and cancel the relevant domain name registration after the passage of the 30 calendar days.

Article 19. This Policy is subject to the interpretation of CNNIC.

Article 20. This Policy shall be implemented from September 30, 2002. Chinese Character Domain Name Dispute Resolution Policy (Trial Implementation) ceases effect as of this date.

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