How to handle disputes caused by domain names

In real life, there are many civil disputes arising from domain names. A domain name is an address when accessing a computer on the Internet. A domain name corresponds to one or a group of computers. So how should disputes caused by domain names be handled? Below, the editor of Legal Savior Network will answer the questions for readers. I hope the following knowledge will be helpful to readers.

How to deal with disputes caused by domain names

Due to domain name registration or If a dispute arises from use or other activities and the parties cannot reach an agreement through negotiation, they may file a lawsuit in court for resolution.

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"Judicial Interpretation of the Supreme Court on the Trial of Civil Disputes Involving Computer Network Domain Names"Article 1: For civil disputes involving the registration and use of computer network domain names, the parties shall submit If a lawsuit filed in the People's Court meets the provisions of Article 108 of the Civil Procedure Law upon review, the People's Court shall accept it.

Article 2: Cases involving infringement disputes involving domain names shall be governed by The intermediate people's court at the place where the infringement occurred or where the defendant is domiciled has jurisdiction. 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 domain names where one or both parties are foreigners, stateless persons, foreign enterprises or organizations, international organizations, or where the domain name is registered in a foreign country dispute cases. Jurisdiction over foreign-related domain name disputes occurring within the territory of the People's Republic of China shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.

"Supreme Court's Notice on Calculations Involved in TrialsJudicial Interpretation of Civil Disputes over Internet Domain Names"Article 3:The cause of action for domain name dispute cases shall be based on the nature of the legal relationship between the parties involved. Determine it, and prefix it with a computer network domain name; if the nature of the legal relationship in dispute is difficult to determine, it can be generally called a computer network domain name dispute case.

Article 4: When the People’s Court hears domain name dispute cases, the following items shall be considered: If the conditions are met, it should be determined that the defendant’s registration and use of the domain name constitutes infringement or unfair competition:

(1) The civil rights and interests requested by the plaintiff to be protected are legal and valid;

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(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. , enough to cause misunderstanding by the relevant public;

(3) The defendant has no rights and interests in the domain name or its main parts, and has no legitimate right to register or use the domain name Reason;

(4) The defendant registered and used the domain name with malicious intent.

The above knowledge is the editor’s answers to relevant legal issues. According to the relevant laws of our country, if a dispute arises due to the registration or use of a domain name, the parties concerned shall If negotiation fails, you can file a lawsuit in court to resolve the matter. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.