Rules for CNNIC Domain Name Dispute Resolution Policy

0 CommentsPrint E-mail, January 20, 2010
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Chapter III The Complaint
Article 11 Any person or entity may initiate a domain name dispute resolution proceedings by submitting a complaint in accordance with CNDRP and these Rules to any Provider approved by CNNIC.
Article 12 The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:
(i) Request that the complaint be submitted for decision in accordance with CNDRP and these Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the complaint and of any representative authorized to act for the Complainant in the proceedings;
(iii). Specify a preferred method for communications directed to the Complainant in domain name dispute resolution proceedings, including person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including hard copy;
(iv) Designate whether Complainant elects to have the dispute decided by a single member Panel or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names of three candidates from the Provider's list of panelists to serve as one of the Panelists in the order of its own preference. The Complainant may also entrust the Provider to appoint the panelist on his behalf;
(v) Provide the name of the Respondent (domain name holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Complainant regarding how to contact Respondent or any representative of Respondent, in sufficient detail to allow the Provider to send the complaint as described in Article 5 of these Rules;
(vi) Specify clearly the domain name (s) that is/are the subject of the complaint;
(vii) Identify the Registrar and/or the Agency with whom the domain name (s) is/are registered at the time the complaint is filed;
(viii) Specify the rights or legitimate interests on which the complaint is based with regard to the disputed domain name, annexing all materials evidencing the rights or interests;
(ix) Describe, in accordance with CNDRP, the grounds on which the complaint is made including, in particular,
(1) the disputed domain name is identical with or confusingly similar to the complainant's name or mark in which the Complaint has civil rights or interests;
(2) the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name;
(3) the disputed domain name holder has registered or is being used the domain name in bad faith.
(The description should, for elements (3), discuss any aspects of Article 9 of CNDRP. The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules.)
(x) Specify, in accordance with Article 13 of CNDRP, the remedies sought;
(xi) Identify any other legal or arbitral proceedings which have been commenced or terminated in connection with or related to any of the domain name (s) that are the subject of the complaint. All materials concerning the above proceedings that can be obtained by Complainant shall be submitted.
(xii) State that a copy of the complaint has been sent or transmitted to the Respondent (domain name holder) as well as the concerned Registrar and/or the Agency respectively;
(xiii) Conclude with the following statement followed by the signature or stamp of the Complainant or its legal representative or its authorized representative:
"Complainant certifies that the complaint was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for Domain Name Dispute Resolution Policy as well as the relevant laws; that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate; that the corresponding claims and remedies shall be solely against the domain name holder and waives all such claims and remedies against the dispute resolution Provider and Panelists, the Registry and the Registrar, the registry administrator as well as the Agency";
(xiv) Annex, as attachments, any documentary or other evidence upon which the complaint relies.
Article 13 The Complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.
Article 14 After receipt of the complaint, the Provider shall review the complaint for administrative compliance with CNDRP and these Rules and, if in compliance, shall forward the copy of the complaint to the Respondent, in the manner prescribed by Article 5 of these Rules, within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Chapter VIII of these Rules.
If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies of the complaint. If the Complainant does not correct the deficiencies identified or the corrected complaint cannot satisfy the requirements under CNDRP and these Rules, the complaint will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.
Article 15 The date of commencement of the domain name dispute resolution proceedings shall be the date on which the Provider completes its responsibilities under Article 5 of these Rules in connection with forwarding the Complaint to the Respondent.
Article 16 The Provider shall immediately notify the parties, the concerned Registrar and CNNIC of the date of commencement of the domain name dispute resolution proceedings.
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