What is the legal basis for domain name disputes
The legal basis for domain name disputes in our country is mainly about the trial involved Judicial interpretations of computer network domain name civil dispute cases, Internet domain name management measures and other laws.
Relevant legal provisions
"Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names by the Supreme People's Court" Interpretation》
Article 2 involves infringement of domain names Dispute cases shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff discovers the computer terminal and other equipment of the domain name can be regarded as the place of infringement.
Foreign-related domain name dispute cases include one or both parties. Domain name dispute cases involving foreigners, stateless persons, foreign enterprises or organizations, international organizations, or domain name registration places in foreign countries. Foreign-related matters occurring within the territory of the People’s Republic of ChinaFor domain name dispute cases, jurisdiction shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.
The cause of action of Article 3 domain name dispute cases, according to The nature of the legal relationship disputed between the parties is determined, and the computer network domain name is prefixed to it; if the nature of the legal relationship disputed is difficult to determine, it can be generally referred to as a computer network domain name dispute case.
"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 4 When hearing a domain name dispute case, the people's court shall determine that the defendant registered and used the domain name if the following conditions are met: Such behavior constitutes infringement or unfair competition:
( 1) The civil rights and interests requested by the plaintiff to be protected are legal and valid;
(2) The defendant’s domain name or its main part constitutes a copy, imitation, translation or transliteration of the plaintiff’s well-known trademark; or is identical or similar to the plaintiff’s registered trademark, domain name, etc., which is sufficient to cause misunderstanding by the relevant public;
(3) The defendant has no interest in the domain name or its main part, and has no legitimate reason to register or use the domain name;
(4) The defendant registered and used the domain name with malicious intent.
Article 5 The defendant’s behavior is proven to have the following In one of the circumstances, the people's court shall determine that the person has malicious intent:
(1) Registering others' well-known trademarks as domain names for commercial purposes;
(2) Registering and using domain names that are identical or similar to the plaintiff’s registered trademarks and domain names for commercial purposes, intentionally causing confusion with the products and services provided by the plaintiff or the plaintiff’s website, and misleading Internet users to access its website or other online sites;
(三) has offered to sell, rent or otherwise transfer the domain name at a high price to obtain improper benefits;
(4) After registering a domain name, you do not use it or plan to use it, but intentionally prevent the right holder from registering the domain name;
(5) Other malicious circumstances.
The defendant provided evidence to prove that the domain name it held before the dispute occurred If it has gained a certain degree of popularity and can be distinguished from the plaintiff's registered trademark, domain name, etc., or if there are other circumstances that are sufficient to prove that it does not have bad faith, the people's court may not find that the defendant has bad faith.
The above knowledge is the editor’s analysis of relevant legal issues The answer is that the legal basis for domain name disputes in my country is mainly judicial interpretations on the trial of civil disputes involving computer network domain names, Internet domain name management measures and other laws. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
