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Internet Keyword Disputes Resolution Policy




1. This solution is worked out to solve disputes in the course of registering for or using the internet keyword according to "The Internet Keyword Registration Measure".

2. The disputing case of the internet keyword is taken cognizance of by the dispute-settling institution that is approved and authorized by CNNIC. The dispute resolution institution shall form an expert group to solve the relevant disputes according to the regulated procedures within the fixed time after accepting the complainant's appeal.

3. The dispute resolution institution can lay down some related procedures and the appointment rules of the members in the expert group. These procedures and rules shall be published and carried out after being approved by CNNIC.

4. the registrant for the internet keyword shall accept the jurisdiction of the dispute resolution procedures when the complainant put forward the following propositions: 

-the complainant enjoys the right or legitimate interest protected by Chinese laws; 
-the disputed keyword is identical with or similar to a name that the complainant enjoys the right or legitimate interest;
-the keyword registrant has no rights or legitimate interests in respect of the keyword or major part thereof;
-the keyword has been registered or is being used in bad faith.

5. The expert group responsible for adjudicating the dispute has the right to affirm whether the complained registrant has malicious intentions in registering for or using the internet keyword. The complained registrant proves to have malicious intentions under any of the following circumstances: 

-Registering or acquiring the keyword primarily for the purpose of selling, renting, or otherwise transferring the registration of the keyword for unjustifiable interest;
-Registering the keyword in order to prevent a third party from reflecting a name that the third party enjoys right or legitimate interest in a corresponding keyword, provided the registrant has engaged in a pattern of such conduct;
-Registering the keyword primarily for the purpose of damaging the reputation of the complainant, disputing the business of the complainant, or creating likelihood of confusion with the complainant so as to mislead the public.
-other circumstances.

6. The keyword registrant shall bear the burden of proving its right or legitimate interest to the keyword or the major part thereof. The Panel has the power, according to the evidence provided by both parties and all the facts involved in the dispute, to recognize whether the keyword registrant has the justified reason for registration or use of the keyword. 

7. The complainant and the defendant both have the right to request that all the disputes shall be combined into one case by the dispute-settling institution and then be solved by the same expert group when the complainant raises several internet keyword disputes directed against the same defendant 

8. Both disputing parties have the right to beforehand request of the dispute resolution institution the absence of the very expert who is considered by this party to have common interests with the other party for the sake of the ruling's justice.

9. The registrar of the internet keyword shall not be involved in the course of solving the dispute in any capacity and pattern, except if it is requested by the dispute resolution institution to provide necessary information of registering for or using the internet keyword. 

10. Once the expert group announces that the complainant wins the case, the dispute can only be solved in either of the following ways: 

(1) the registered internet keyword is to be canceled. 
(2) the registered internet keyword is to be transferred to the complainant.

11. Both of the parties concerned have the right to start a litigation of the same dispute or submit the dispute to an arbitration commission in the light of the protocol before the complainant's appeal, in the course of solving the dispute or after the final ruling of the expert group on the basis of this solution. If the dispute resolution institution has made the ruling that the registered internet keyword is to be canceled or transferred to the complainant, the internet keyword registrar shall await 10 days and then carry it out. During this waiting period, if the complained registrant has provided valid evidence to prove that some judiciary institution or arbitration commission that has the jurisdiction over the dispute has accepted the case and begun to hear it, the registration institution service of the internet keyword will not put into effect the ruling of the dispute resolution institution, and will take further steps depending on the following conditions: 

(1) carrying out the reconciliation protocol if there is evidence to prove that the disputing parties have already become reconciled. 
(2) carrying out the ruling of the dispute resolution institution if there is evidence to prove that the related litigation or arbitration has been overruled or withdrawn. 
(3) carrying out the ruling made by the concerning judiciary institution or arbitration commission that has become legally effective.

12. The dispute-settling institution shall establish a special web site, accept on-line appeals of the internet keyword and promulgate all the information and facts concerning the disputing case of the internet keyword. At the request of the party concerned, the dispute resolution institution shall not make public the information and materials that the institution considers may impair the interests of the party after being published.

13. The registrant shall not transfer the possession of the internet keyword that is still in judiciary procedures, arbitrating procedures or dispute resolution procedures, except if the assignee agrees to keep himself within the bounds of the judiciary adjudication, the arbitration award or the dispute resolution ruling.

14. CNNIC has the right to revise this solution according to the technical development of the internet keyword and the changes of China's laws, regulations and policies. The revised solution is to be promulgated on the web site and be implemented thirty days after the date of promulgation. The revised solution is not applicable to the internet keyword dispute that has been submitted to the dispute resolution institution before its revision. The revised solution automatically becomes part of the existing registration protocol of the internet keyword. The registrant who does not accept the textual bounds of this solution or the revised one shall in time notify the registrar. The registrar will preserve thirty days' service for the internet keyword after receiving the notification; after thirty days, the internet keyword will be canceled.

15. CNNIC is responsible for explaining this solution. 

16. This solution is to be put into effect from Aug. 4th, 2001.

(Note: All translations are for reference only, any terms shall be implemented in accordance with original Chinese version)  

 


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