Rules of the Uniform Domain Name Dispute Resolution Policy (Chinese Translation)
In accordance with the Uniform Domain Name Dispute Resolution Policy adopted by ICANN 》The dispute resolution administrative procedures conducted under this Agreement shall be governed by these Rules and the Supplementary Rules published by the dispute resolution agency managing the case procedures through its website.
1. Definition
In this "Rules":
The complainant refers to the party who files a complaint regarding the registration of the relevant domain name.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Interactive jurisdiction refers to (a) the jurisdiction of the court where the registrar’s main business office is located (as long as the domain name holder has stipulated in its registration agreement that the relevant domain name will be disputes arising out of the use shall be submitted to the jurisdiction of the courts of that jurisdiction) or, (b) the court where the address of the domain name holder is located as shown in the domain name registration information in the registrar's Whois database at the time the complaint is submitted to the dispute resolution agency shall be under the jurisdiction of the court.
The expert panel refers to the administrative expert panel designated by the dispute resolution agency to hear complaints related to domain name registration.
Experts refer to experts designated by the dispute resolution institution as members of the expert panel.
The parties refer to the complainant or the respondent.
"Policy" refers to the "Uniform Domain Name Dispute Resolution Policy". This Policy is incorporated by reference and becomes part of the Registration Agreement.
Dispute resolution institution refers to the dispute resolution service provider confirmed by ICANN. The list of institutions can be found at www.icann.org/udrp/approved-providers.htm.
Registrar refers to the company that provides disputed domain name registration services to the respondent.
Registration Agreement refers to the domain name registration agreement signed between the registrar and the domain name holder .
The respondent refers to the registered domain name holder against whom the complaint was filed.
Reverse domain name snatching refers to the malicious use of the relevant provisions of the "Policy" in an attempt to deprive the registered domain name holder of the domain name.
"Supplementary Rules" refers to Supplementary rules to these Rules formulated by the dispute resolution institution with the authority to manage case procedures.
2. Service
(a) When serving a complaint to the respondent, the dispute resolution agency has the responsibility to take reasonable and feasible measures to ensure that the respondent actually receives the complaint. The complaint is actually received, or the dispute resolution agency The liability will be relieved once the following actions are performed in order for the respondent to actually receive the complaint:
(i) According to (A) the registrar’s Whois database domain name The complaint shall be sent to all postal correspondence and fax addresses of the registered domain name holder and its technical contact, management contact and, (B) the domain name registration payment contact provided by the registrar to the dispute resolution agency as recorded in the registration information. of the complainant; and
(ii), sending the complaint in electronic form (including attachments that can be sent in electronic form) via email to the following address:
(ii) p>
(A) Email address of domain name registration technical contact, management contact and payment contact;
(B)postmaster@; and
(C) If the domain name (or www. immediately followed by the domain name) resolves to a valid web page (the Any email address or email address displayed on a web page that is not a general web page reserved by a registrar or ISP as confirmed by the Dispute Resolution Authority to hold domain names registered by multiple domain name holders) Any email address that can be linked;
(iii) According to any address chosen by the respondent and notified to the dispute resolution agency, and to the extent feasible, by The complainant under section 3(b)(v)Send complaints to all other addresses provided by the Dispute Resolution Authority.
(b) Except as provided in Section 2(a), any written document transmitted to the complainant and the respondent pursuant to these Rules shall be in the manner chosen by the complainant and the respondent respectively (see sections 3(b)(iii) and 5(b)(iii)), or in the absence of such directions
(i) by fax with confirmation of transmission; or
(ii) postage prepaid and by fax with receipt sent by mail or courier; or
(iii) electronically transmitted over the Internet if a record of transmission is available.
(c) Any documents submitted to the dispute resolution institution or expert panel shall be in accordance with the methods and manner (including scores) specified in the dispute resolution institution's Supplementary Rules. submit.
(d) Documents shall be produced in the language specified in Article 11. Where feasible, electronic documents should be transmitted as plain text.
(e) Either party may notify the Dispute Resolution Authority and the Registrar to update their contact details.
(f) Unless otherwise provided in these Rules or otherwise decided by the expert panel, all documents submitted under these Rules shall be submitted under the following circumstances: deemed to have been delivered;
(i) if transmitted by fax, the date shown on the transmission confirmation shall prevail; or
(ii) by mail or courier, subject to the date marked on the receipt, or
(iii) by If the document is transmitted over the Internet, if the transmission date can be verified, the document transmission date shall prevail.
(g) Unless otherwise provided in these Rules, the period for submission of all documents specified in these Rules shall begin in accordance with Article 2(f) The earliest date on which the required documents are deemed to have been submitted shall be calculated.
(h) any document,
(i) any document transmitted by the Panel toAny party must send a copy of the document to the dispute resolution agency and the other party at the same time;
(ii) If the dispute resolution agency sends a copy of the document to any party, A copy of the document must be sent to the other party at the same time; and
(iii) Any submission by one party must be sent to the other party, the panel and the dispute resolution institution at the same time. Send a copy of the file.
(i) The document transmitting party is obliged to keep records of the documents it transmits to record the specific facts and circumstances of the document transmission for inspection by the relevant parties, and used to produce corresponding reports.
(j) If a party transmitting a document receives a notification that the document it transmitted has not been received, that party shall immediately notify the panel (or , notify the dispute resolution authority if a panel has not yet been appointed). Further procedures for document transmission and response shall be in accordance with the instructions of the expert panel (or dispute body).
3 Complaints
(a) Any individual or enterprise may file a complaint based on the "Policy" and this " Rules to initiate administrative proceedings by filing a complaint with an ICANN-accredited dispute resolution body. (Due to qualification restrictions or other reasons, the dispute resolution institution's qualification to accept complaints may be temporarily suspended. In this case, the dispute resolution institution shall refuse to accept the complaint. The relevant individual or enterprise may submit a complaint to another dispute resolution institution.)
(b) The complaint shall be submitted in the form of a tangible written document and an electronic document (except attachments that are not available in electronic format), and shall:
(i) Contains a request that the complaint should be adjudicated in accordance with the Policy and these Rules;
(ii) ) Provide the name, mailing and email addresses, and telephone and fax numbers of the complainant and his or her authorized representative in the administrative proceeding;
(iii) Determine whether ( A) Electronic document materials and (B) Materials containing tangible written documents Preferred communication method for contacting the complainant (including contact person, contact information and contact address);
(iv) Determine whether the complainant chooses a one-person panel or a three-member panel to decide the dispute. If the complainant chooses to have three personsIf the dispute resolution panel decides the dispute, the names and contact details of the three candidate experts who will be appointed as one of the panel members of the case should be provided (the three candidate experts can be selected from the expert list of any ICANN-confirmed dispute resolution institution). (selected);
(v) Provide the name of the respondent (domain name holder) and the method known to the complainant to contact the respondent and its All information on behalf of the representative, including contact information during negotiations between the parties prior to the complaint (including all correspondence and e-mail addresses and telephone and fax numbers), the above information should be sufficiently specific to allow the dispute resolution agency to treat the complaint as per paragraph 2 ( Send to the respondent in the manner described in a);
(vi) Clarify the domain name that is the subject of the complaint;
(vii) Identify the registrar that registered the domain name when the complaint was filed;
(viii) Identify the trade mark or service mark upon which the complaint is filed. For each trademark, if any, the goods or services for which the trademark is used should be stated (the complainant may also separately state the goods and services for which the respondent intends to use the trademark in the future at the time the complaint is filed);
(ix) In accordance with the provisions of the Policy, state the reasons for filing the complaint, which should include in particular:
(1) The disputed domain name is identical or confusingly similar to the trademark or service mark to which the complainant has rights; and
(2) The respondent (domain name holder) The reason why someone) does not have rights or legitimate interests in the disputed domain name; and
(3) The reason why the disputed domain name is considered to have been registered and used in bad faith.
(For items (2) and (3), the complainant should discuss the applicable Policy Sections 4(b) and All aspects specified in Article 4(c). The word count of the relevant explanation shall comply with the word count or document page limit in the Supplementary Rules of the Dispute Resolution Institution.);
(x) Specify the remedies sought in accordance with the provisions of the Policy;
(xi) Describe any other actions that have been initiated or terminated related to the disputed domain name judicial proceedings;
(xii) Statement has been based onIn accordance with the provisions of Article 2(b), a copy of the complaint is sent or transmitted to the respondent (domain name holder) together with the format cover specified in the Supplementary Rules of the Dispute Resolution Authority;
(xiii) Statement that if the complainant has any objection to the decision of the administrative procedure on the cancellation or transfer of the domain name, the relevant dispute will be submitted to the jurisdiction of at least one confirmed cross-jurisdictional court;
(xiv) The complaint should end with the following statement and be signed by the complainant or his authorized representative:
"The complainant agrees that its complaints and claims for relief regarding domain name registration, disputes or dispute resolution are only against the domain name holder, and that the complaints and claims for relief do not involve (a) dispute resolution agencies and experts, except for willful misconduct, ( b) the registrar, (c) the registration officer, and (d) the Internet Corporation for Assigned Names and Numbers, and their directors, officers, employees and agents."
"The complainant confirms that the information contained in the complaint is complete and accurate to the best of his knowledge. This complaint is not made for any improper purpose such as blackmail. The complainant warrants that the relevant claims in the complaint are based on these "Rules" and applicable laws as if it existed or could be extended by good faith and reasonable defences."
(xv) including the disputed domain name shall be Copies of the applicable "Policy" and any documents or other evidence, including registered trademarks and service marks on which the complaint is based, should be submitted as attachments, and a table of contents index of the above evidence should be provided at the same time;
(c) A complainant may file a complaint against multiple domain names, as long as these domain names are registered by the same domain name holder.
4. Complaint Notice
(a) The dispute resolution agency shall conduct an administrative review of the complaint. If the complaint complies with the provisions of the Policy and these Rules, the dispute resolution institution will submit the complaint in the manner specified in Article 2(a) within 3 calendar days after receiving the fee paid by the complainant in accordance with Article 19. Together with the explanatory format cover specified in the Dispute Resolution Institution's "Supplementary Rules"), it is served to the respondent.
(b) If the dispute resolution agency discovers that the complaint contains formal defects, it shall immediately notify the complainant and the respondent of the defects. The complainant shall correct the defect within 5 calendar days after receiving the notification. If the complainant fails to correct the formal defects in the complaint within the above period, the administrative procedure will be regarded asWithdrawal does not prevent the complainant from filing a different complaint.
(c) The day when the dispute resolution agency completes its duty to serve the complaint documents to the respondent in accordance with Article 2(a) shall be the date when the administrative procedure begins.
(d) The dispute resolution agency shall immediately notify the complainant, the respondent, the relevant registrar and ICANN of the start date of the administrative proceedings.
5. Reply
(a) The respondent shall file a complaint within 20 days from the start of the administrative procedure. Submit a defense to the dispute resolution agency within days.
(b) The defense shall be submitted in the form of tangible written documents and electronic documents (except attachments not in electronic format), and shall:
(i) Specifically refute the statements and claims in the complaint, and state all the basis and specific reasons for the respondent (domain name holder) to retain the registration of the domain name and continue to use the disputed domain name (Reply The number of words in this part of the book shall comply with the word or page limit specified in the Dispute Resolution Institution’s Supplementary Rules);
(ii) Provide the respondent (domain name holder The name, mailing and email addresses, telephone and fax numbers of the person) and his or her authorized agent for administrative proceedings;
(iii) Determine whether (A ) Electronic document materials and (B) materials containing tangible written documents The preferred communication method for contacting the respondent (including contact person, contact information and contact address);
(iv) If the complainant elects a one-person panel to hear the case in the complaint (see Section 3(b)(iv)), it should state whether the respondent elects to have the dispute decided by a three-member panel;
(v) If either the complainant or the respondent elects a three-person panel, provide three candidate experts who will be appointed as one of the panel members in the case Names and contact details (these candidate experts can be selected from the list of experts of any dispute resolution institution confirmed by ICANN);
(vi) Clearly related to the dispute Any other judicial proceedings that have been commenced or terminated in relation to the domain name;
(vii) A statement has been sent or transmitted to the complainant in accordance with the provisions of Section 2(b)A copy of the defense letter was sent;
(viii) The following statement should be attached at the end of the defense letter and signed by the respondent or his authorized representative:
"The Respondent confirms that the information contained in the defense is complete and accurate to the best of its knowledge. The defense is not for any improper purpose such as blackmail. The Respondent The person warrants that the relevant claims in the defense are made in accordance with these "Rules" and the applicable law, as if they were existing or could be extended by good faith and reasonable defences."
