域名争议解决办法程序规则 Policies for Resolution of Domain Name Disputes Procedural Rules
2009-03-24 法律英语 来源:互联网 作者: ℃5. to the extent known to the Complainant, provide the name and contact details (including all postal and e-mail addresses and contact telephone and facsimile numbers) of the Respondent (domain name holder) or of his representative or agent in sufficient detail to allow the Domain Name Dispute Resolution Institution to send the Complainant's complaint to the Respondent in the manner provided for herein;
6. specify the disputed domain name(s);
7. identify the Domain Name Registrar(s) and/or Registration Agency/Agencies with which the disputed domain name(s) is/are registered;
8. specify the rights and lawful interests on which the Complainant's complaint is based with respect to the disputed domain name, and be accompanied by all materials that can show the status of the rights;
9. describe, in accordance with the Resolution Policies, the grounds on which the complaint is made, in particular:
(a) that the domain name(s) of the Respondent (domain name holder) is/are identical or confusingly similar to the name(s) or mark(s) in which the Complainant has civil rights;
(b) that the Respondent (domain name holder) does not have lawful rights and interests in the domain name or its major part; and
(c) that the Respondent (domain name holder) registered and uses the domain name(s) in bad faith.
(With regard to Item (3), the Complainant shall explain all aspects stipulated in Article 9 of the Resolution Policies. The relevant explanatory notes shall comply with the limits on the number of words or the number of pages of the document stipulated in the Supplementary Rules of the Domain Name Dispute Resolution Institution.)
10. specify, in accordance with Article 13 of the Resolution Policies, the remedies sought;
11. identify any judicial or arbitration proceedings instituted in respect of the same domain name dispute, whether or not such proceedings
have been concluded, and be accompanied by all information obtainable by the Complainant in connection with such proceedings;
12. state that a copy of the complaint has been sent or transmitted to the Respondent (domain name holder) and the relevant Domain Name Registrar and/or Registration Agency;
13. conclude with the following statement, followed by the signature or seal of the Complainant or his legal representative, or of his authorized agent:
“The Complainant affirms the following: The relevant complaint is made pursuant to CNNIC, Policies for Resolution of Domain Name Disputes, CNNIC, Policies for Resolution of Domain Name Disputes Procedural Rules and relevant laws. The information contained in this complaint is to the best of my knowledge complete and accurate. The relevant complaint and the remedies claimed are solely against the domain name holder and involve neither the Domain Name Dispute Resolution Institution and the Experts on the Panel of Experts nor the Domain Name Registry Administrator, the Registrar, the registration personnel and the Domain Name Registration Agency.”
14. annex any documentary evidence of the status of the rights and any other relevant documents.
Article 13 The Complainant may file a complaint against more than one domain name registered by the same domain name holder.
Article 14 Following its receipt of the complaint, the Domain Name Dispute Resolution Institution shall review the complaint for formal compliance.
If the complaint satisfies the requirements of the Resolution Policies and the Procedural Rules, the Domain Name Dispute Resolution Institution shall, within three days after receipt of the fee paid by the Complainant in accordance with Part Eight hereof, send a duplicate of the complaint, in the manner prescribed in Article 5 hereof, to the domain name holder complained against.
If, upon review, the complaint is found to be formally deficient, the Domain Name Dispute Resolution Institution shall promptly notify the Complainant of the deficiencies, and request him to effect the necessary revisions to the existing deficiencies in the complaint within five days after receipt of the notice. If the Complainant fails to revise the complaint within the prescribed time limit, or if the revised documents still fail to satisfy the requirements, his complaint shall be deemed withdrawn without prejudice to submission of a different complaint by the Complainant.
Article 15 The official date of commencement of the domain name dispute resolution proceeding shall be the date on which the Domain Name Dispute Resolution Institution completes its service of the complaint on the Respondent in accordance with Article 5 of the Procedural Rules.
Article 16 The Domain Name Dispute Resolution Institution shall immediately notify the Parties, the Domain Name Registrar(s) and CNNIC of the date of commencement of the domain name dispute resolution proceeding.
PART FOUR THE RESPONSE
Article 17 Within 20 days of the date of commencement of the proceeding the Respondent shall submit his response to the Domain Name Dispute Resolution Institution.
Article 18 The response shall be filed in hard copy and (except to the extent not available for annexes) in electronic form, and shall include the following particulars:
1. refute the Complainant's complaint and claims and declare the bases and specific grounds for continuing to hold and use the disputed domain name(s) (this portion of the response shall comply with the word or page limits stipulated in the Supplementary Rules of the Domain Name Dispute Resolution Institution);
2. provide the name and contact details (postal and e-mail addresses and contact telephone and facsimile numbers) of the Respondent and of his authorized agent;
3. specify a preferred manner for communications directed to the Respondent
in the domain name dispute resolution proceeding, including the person to be contacted, the format of correspondence and contact address, whether for electronic documents or for hard copy;
4. if the Complainant has elected in the complaint a single-member Panel of Experts to try the case, he shall state whether the Respondent elects to have the dispute heard by a three-member Panel of Experts;
5. if the Complainant or Respondent elects a three-member Panel of Experts, the Respondent shall select and name three persons from the list of Experts published by the Domain Name Dispute Resolution Institution, to serve as candidates in his own preferred sequence; alternatively, the Respondent may authorize the Domain Name Dispute Resolution Institution to appoint an Expert on his behalf;
6. identify any judicial or arbitration proceedings instituted in respect of the same domain name dispute, whether or not such proceedings have been concluded, and be accompanied by all information obtainable by the Respondent in connection with such proceedings;
7. state that a copy of the response has been sent or transmitted to the Complainant as prescribed in these Rules;
8. conclude with the following statement, followed by the signature or seal of the Respondent or his legal representative or his authorized agent thereof:
“The Respondent affirms the following: The relevant response is made pursuant to CNNIC, Policies for Resolution of Domain Name Disputes, CNNIC, Policies for Resolution of Domain Name Disputes Procedural Rules and relevant laws. The information contained in this response is to the best of my knowledge complete and accurate. The relevant response and claims are solely against the Respondent and involve neither the Domain Name Dispute Resolution Institution and the Experts on the Panel of Experts nor the Domain Name Registry Administrator, the Registrar, the registration personnel and the Domain Name Registration Agency.”
9. annex any documentary evidence of the status of the rights and any other relevant documents.
Article 19 If a Complainant elects the dispute to be heard by a single-member Panel of Experts and the Respondent elects the dispute to be heard by a three-member Panel of Experts, the Respondent shall bear half of the fees for a three-member Panel of Experts stipulated in the Supplementary Rules of the Domain Name Dispute Resolution Institution. The fees shall be paid together with the response submitted to the Domain Name Dispute Resolution Institution by the Respondent. If the fee has not been paid as required, the dispute shall be heard by a single-member Panel of Experts.
Article 20 At the request of the Respondent, the Domain Name Dispute Resolution Institution may, in exceptional cases, appropriately extend the period of time for the filing of the response by the Respondent. The Parties may also agree to extend the period for the filing of the response by the Respondent, provided the agreement is approved by the Domain Name Dispute Resolution Institution.
PART FIVE APPOINTMENT OF THE PANEL OF EXPERTS
Article 21 The Domain Name Dispute Resolution Institution shall publish the list of Experts online. The Panel of Experts in charge of the domain name dispute resolution proceeding shall be composed of one or three Experts.
Article 22 If neither the Complainant nor the Respondent has elected the three-member Panel of Experts, the Domain Name Dispute Resolution Institution shall, within five days after it has received the response of the Respondent or after the period for submission of respon
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