The No. 1 Intermediate People's Court of Beijing ruled on Monday that China Internet Network Information Center (CNNIC) does not have the right to reserve Chinese domain names purely for companies that are well-known. "As a service provider in domain names, CNNIC is not authorized to identify famous brands and should treat applicants equally," said Liu Haiqi, a judge with the court.
Zhengpu Lost the Case
Liu made the remarks after
the Beijing Zhengpu Science Development
Company lost the case against CNNIC and Alibaba , a
well-known Internet-based business-to-business company.
According to the judge, it was inappropriate for
CNNIC to refuse the Beijing Zhengpu's application for
the Chinese domain name "Alibaba" in January, last year.
However, while the Chinese domain name "Alibaba"
has been registered by the Alibaba company, the legal
rights of this famous website would be violated if the
Chinese name "Alibaba" was given back to the Zhengpu
Company, according to Liu.
"This is a strange
verdict," claimed Shi Yusheng, a lawyer for the Zhengpu
Company.
"On the one hand, the court confirmed
the validity of our appeal, but it still overruled it,"
said Shi.
Internet Order
The court's decision also
confirmed the necessity to adopt this measure for names
of administrative divisions, governmental organizations
and educational organizations to guarantee Internet
order.
After releasing a temporary management
method on Chinese domain names early last year, CNNIC
has reserved a large number of Chinese domain names in
advance.
Representatives from CNNIC refused to
make any comment on the decision.
An earlier
statement by the Alibaba company said it owns the serial
rights of Alibaba and its Chinese translation.
Domain Name Registration And Regulation
Disputes Resolution in China
China
sent out its first email on September, 20, 1987,
registered ".cn" in 1990, set up its first web
server and established its ".cn" server in 1994.
From 1994 to 1996, the major nationwide networks
were built up, and they are CSTNet (China Science
and Technology Network), CERNET (China Education
and Research Network), and CHINANET, and then the
CHINAGBN (China Golden Bridge Network). In 1997,
the China Internet Network Information Center was
established, which is referred to in short CNNIC,
and is responsible for the domain name ".cn"
registration in China.
By October 31,
1997, there were 299,000 computers in China, that
were accessible to the Internet, 4066 registered
domain names, and 1500 websites. The bandwidth of
the international access was 18.6 Mbps. By
December 31, 1998, there were 747000 Internet
accessible computers in China, 18396 registered
domain names, and 5300 websites. The International
access bandwidth was 143M256K. In February of
2001, the domain name registration increases to
130462.
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