How to resolve disputes over infringement of network domain names
1. The parties shall negotiate and resolve by themselves
Both parties involved in the dispute directly negotiate and resolve domain name disputes, mainly because the parties involved know the crux of the dispute. At the same time, there are no excessive requirements like the production of valid evidence in arbitration or litigation, which greatly facilitates the parties to accurately and fully explain their views and positions. Therefore, this solution is widely used in practice. The method of resolving domain name disputes through friendly negotiation is more in line with my country's long-standing traditional culture of "putting aside litigation and ending disputes" and "peace is the most important", and is easily accepted by people. If it can be negotiated effectively, it will undoubtedly be a commercial success.
But it should be noted that most negotiations only involve Staying in the oral form such as phone calls or interviews, and dragging on for several years because of long-term conversations, once the statute of limitations expires, the final legal protection will disappear. Therefore, it is recommended that the parties concerned should fix the meeting minutes of the negotiation or the phased consensus reached in writing and have it signed and confirmed by both parties to ensure the effectiveness of the negotiation.
2. Awarded by CNNICThe right arbitration institution to resolve disputes
When self-negotiation fails , or it can be mediated by the China International Economic and Trade Arbitration Commission (CIETAC) Domain Name Dispute Resolution Center authorized by CNNIC. What are the advantages of mediating through a resolution center?
(一)The adjudicator is highly professional
(2) The adjudication is fast Efficient
(3) The award is easy to execute
Although CIETAC Domain Name Dispute Resolution Center has certain advantages in handling domain name disputes, Disadvantages also exist.
(1) The number of disputes accepted is limited
(2) The losing party’s liability is limited
(3) The effect of the award is not final
3. Judicial litigation solutions
At present, the main laws applicable to cases involving domain name disputes in our country's courts include the "Interpretations of the Supreme People's Court on Several Issues Applicable Laws in the Trial of Civil Disputes Involving Computer Network Domain Names", and the "Interpretations of the Beijing Higher People's Court on Several Issues concerning the Application of Laws in the Trial of Civil Disputes Involving Computer Network Domain Names". "Several Guiding Opinions on Intellectual Property Civil Disputes Caused by Cases" also has strong guiding value. Disputes are handled through the judicial procedures of the court, and domain name protection is stronger. This is mainly reflected in the following aspects:
(1) There are many types of dispute resolution
(2) The level of the trial court is relatively high(3) There are many ways for the losing party to bear responsibility
4. Other solutions
In addition to the above three methods, there are also pure private arbitration institutions that are not officially authorized by CNNIC to handle domain name disputes, as well as arbitration methods trusted by both parties. Disputes are resolved through third-party mediation. The private arbitration institutions here can be national arbitration institutions or local arbitration institutions. Both parties should reach an arbitration agreement before or after the dispute occurs before they can submit it to an arbitration institution to resolve the dispute. The arbitration award It is final and legally binding for both parties to the dispute. Mediation is more lenient. The mediation letter produced after mediation is usually non-binding and allows both parties to regret it.
"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 8 The People’s Court determines the registration and use of domain names, etc. If it constitutes infringement or unfair competition, the defendant may be ordered to stop the infringement, cancel the domain name, or order the plaintiff to register and use the domain name at the plaintiff's request; if actual damage is caused to the right holder, the defendant may be ordered to compensate for the loss.
When encountering disputes over infringement of network domain names, it is best to It is left to professional legal professionals, who can combine their own suggestions to help protect rights. What is the best way to safeguard rights after a dispute over infringement of an Internet domain name? The parties concerned can find a lawyer for consultation and guidance through the Legal Savior Network.
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