What is the relationship between domain name dispute resolution procedures and litigation or arbitration?

Domain names have relatively high economic value and are relatively cheap to apply for, which has led to many people maliciously registering Domain names. Such malicious registration can easily lead to domain name disputes. Domain name disputes are generally resolved through arbitration. So, What is the relationship between domain name dispute resolution procedures and litigation or arbitration? The editor of Legal Savior Network will answer the questions for readers below.

What is the relationship between domain name dispute resolution procedures and litigation or arbitration

Dispute resolution before filing a complaint under the resolution While the procedure is in progress, or after the expert panel makes a ruling, the complainant or the respondent may file a lawsuit regarding the same dispute with the Chinese court where the China Internet Network Information Center is located, or submit it to a Chinese arbitration institution for arbitration based on the agreement.

If before the formal start of the program or during the process If one of the parties initiates judicial proceedings or arbitration proceedings regarding the disputed domain name, the domain name dispute resolution agency or expert panel has the right to decide to suspend or terminate the proceedings, or to continue the proceedings until an award is made.

If one of the parties disputes the domain name during the proceeding, If any judicial or arbitration proceedings are initiated, the panel and domain name dispute resolution agency shall be notified immediately.

The ruling issued by the Domain Name Dispute Resolution Authority only involves the dispute Changes in domain name holder information.

If the ruling made by the domain name dispute resolution institution is inconsistent with the legally effective judgment of the people's court or arbitration institution, the ruling of the domain name dispute resolution institution shall be subject to the legally effective judgment of the people's court or arbitration institution.

"China Internet Network Information Center Domain Name Dispute Resolution Measures" Article 5 Anyone who believes that a domain name registered by others conflicts with his or her legitimate rights and interests may file a complaint with the dispute resolution agency.

After the dispute resolution agency accepts the complaint, it shall form an expert panel in accordance with the provisions of the procedural rules. The expert group will make a ruling on the dispute within 14 days from the date of establishment of the expert group in accordance with these methods and procedural rules and the principles of "independence, neutrality and convenience".

Article 8 If the following conditions are met, the complaint shall be supported:

(1) The domain name complained of is the same as the name or logo in which the complainant has civil rights, or Similar enough to cause confusion;

(二)The domain name holder complained of has no legitimate rights and interests in the domain name or its main part;

(3) The domain name holder complained of has malicious intent in registering or using the domain name.

Article 9 If the domain name holder complained of has any of the following circumstances, his behavior constitutes malicious registration or use Domain name:

(1) Registered or transferred domain name The purpose is to sell, rent or otherwise transfer the domain name to the complainant who is the owner of the civil rights or its competitors to obtain improper benefits;

(2) Repeatedly registering a name or logo that others have legitimate rights and interests as one's own domain name, in order to prevent others from using the domain name as their own Use the name or logo in which it has legitimate rights and interests on the Internet;

(3) The domain name is registered or transferred for the purpose of damaging the reputation of the complainant, disrupting the complainant's normal business activities, or confusing the difference between the complainant and the complainant, and misleading the public;

(4) Other malicious circumstances.

The above is the editor's answer to the question "What is the relationship between domain name dispute resolution procedures and litigation or arbitration?" , if the ruling made by the domain name dispute resolution institution is inconsistent with the legally effective judgment of the people's court or arbitration institution, the ruling of the domain name dispute resolution institution shall be subject to the legally effective judgment of the people's court or arbitration institution. If readers need legal help, Welcome to the Legal Savior Network for legal consultation.