( February 14, 2006)

Article 1 In order to resolve disputes regarding Internet domain names, these Measures are formulated in accordance with the relevant laws, administrative regulations and the Measures for the Administration of Internet Domain Names of China.

Article 2 These Measures are applicable to the disputes resulted from the registration or use of Internet domain names. The domain names in dispute shall be limited to the CN domain names and Chinese domain names that are under the management of China Internet Network Information Center (hereinafter referred to as the CNNIC). However, the domain name dispute resolution institution (hereinafter referred to as the dispute resolution institution) shall not accept any dispute regarding a domain name that has been registered for two or more years.

Article 3 The disputes regarding domain names shall be accepted and solved by the dispute resolution institution as verified by the CNNIC.

The dispute resolution institution shall formulate the corresponding supplementary rules according to these Measures and the Procedural Rules of the CNNIC for the Measures for Solving Disputes Regarding Domain Names (hereinafter referred to as the Procedural Rules).

Article 4 The dispute resolution institution shall implement a system of solving disputes by the expert panel. The expert panel shall be composed of one or three experts who master the Internet and the relevant legal knowledge, have relatively high professional ethics and can independently and neutrally rule the disputes regarding domain names. The dispute resolution institution may provide the name list of experts online for the complainants and respondents to choose.

Article 5 If any entity or individual believes that a registered domain name conflicts with its/his legitimate rights or interests, it/he may file a complaint with the dispute resolution institution.

The dispute resolution institution shall, upon acceptance of such a complaint, form an expert panel in accordance with the Procedural Rules. And the expert panel shall, in accordance with these Measures, the Procedural Rules and the principles of independence, impartiality and convenience, render a ruling for the dispute with 14 days from the date when the expert panel is formed.

Article 6 The language for the domain name dispute resolution proceedings shall be Chinese, unless otherwise agreed on by the complainant and respondent or determined by the expert panel.

Article 7 The complainant and the respondent shall bear the burden of proof for their own claims.

Article 8 A complaint shall be supported if it is line with the following conditions:
(1)The domain name in dispute is identical with or confusingly similar to the name or mark in which the complainant has civil rights and interests;
(2)The holder of the domain name in dispute has no lawful rights or interests in respect of the domain name or the major part of the domain name; and
(3)The holder of the domain name in dispute has registered or has used the domain name with malice.

Article 9 If the holder of the domain name in dispute is under any of the following circumstances, its act will constitute the malicious registration or use of the domain name:
(1)The holder of the domain name in dispute has registered or acquired the domain name for the purpose of selling, leasing or transferring the domain name in any other form to the complainant who is the owner of civil rights and interests relating to the domain name or to a competitor of this complainant, and obtaining unjustified benefits;
(2)The holder of the domain name in dispute has, for many times, registered the domain names by using the names or marks in which others have the lawful rights and interests so as to prevent others from using the names or marks in which they have the lawful rights and interests in the form of domain names on the Internet;
(3)The holder of the domain name in dispute has registered or acquired the domain name for the purpose of damaging the reputation of the complainant, disrupting the normal business of the complainant, creating confusion with the name or mark of the complainant or misleading the general public; or
(4)Any other malicious circumstance.

Article 10 Where the respondent is under any of the following circumstances before receiving the complaint as served by the dispute resolution institution, it shows that he has the lawful rights and interests relating to the domain name:
(1)The respondent has innocently used this domain name or the name corresponding to this domain name during the course of offering goods or services;
(2)The domain name held by the respondent has already been well known even if the respondent has not acquired the relevant trademark or service mark; or
(3)The respondent has properly used or non-commercially and lawfully used the domain name and has no intent to mislead consumers for commercial gains.

Article 11 Where a complainant files complaints against several domain names of the same respondent, the complainant or the respondent may request the dispute resolution institution to incorporate these complaints into a single case and let the same expert panel handle it. Whether these complaints should be incorporated into a single case shall be decided by the expert panel.

Article 12 Before the expert panel renders its ruling regarding a relevant dispute, if either the complainant or the respondent deems that a member of the expert panel has interests with the opposite party and which could influence the impartial ruling of the case, he may request the dispute resolution institution to ask the expert to withdraw, however, the specific facts and reasons for the request for withdrawal shall be stated and the supporting evidence be provided. Whether the withdrawal is necessary shall be decided by the dispute resolution institution.

Article 13 During the course of domain name dispute resolution proceedings, the CNNIC or the domain name registration service institution shall not participate in the dispute resolution proceedings in any capacity or manner other than providing the information about the registration or use of the domain name upon the request of the dispute resolution institution.

Article 14 The expert panel shall render its ruling on the basis of the evidence submitted by the complainant and the respondent and the facts involved in the dispute. Where the expert panel holds that the complaint is established, it shall render a ruling to cancel the registered domain name or transfer it to the complainant; otherwise, it shall render a ruling to reject the complaint.

Article 15 Before a complaint is filed pursuant to these Measures, or while the dispute resolution proceedings are under way, or after the expert panel has rendered its ruling, either the complainant or the respondent may lodge a lawsuit concerning the same dispute with the Chinese court at the locality of CNNIC or submit the dispute to a Chinese arbitral body for arbitration upon the strength of the agreement between the parties.

Article 16 If the dispute resolution institution renders a ruling to cancel the registered domain name or to transfer it to the complainant, the domain name registration service institution shall enforce the ruling as of 10 days from the date on which the ruling is announced. If the respondent submits valid evidence proving that a competent judicial organ or arbitral body has accepted the relevant dispute within 10 days from the date on which the ruling is announced, the enforcement of the ruling rendered by the dispute resolution institution shall be suspended.
As to the rulings rendered by the dispute resolution institution that are suspended to be enforced, the domain name registration service institution shall handle them as follows in light of the specific conditions:
(1)If there is evidence proving that both parties have reached the reconciliation, the reconciliation agreement shall be enforced;
(2)If there is evidence proving that the relevant application for lawsuit or arbitration has been rejected or withdrawn, the ruling rendered by the dispute resolution institution shall be enforced; or
(3)If the judicial organ or arbitral body has rendered a judgment that has come into force, the judgment shall be enforced.

Article 17 During the course of domain name dispute resolution proceedings or within 10 days after the ruling is announced, the holder of the domain name shall not apply for the transfer or cancellation of the domain name in dispute, unless the transferee agrees to accept the ruling of the dispute resolution institution in written form.

Article 18 The dispute resolution institution shall establish a special Internet site for receiving online complaints concerning domain name disputes and make public the materials concerning the domain name disputes. However, upon the request of the complainant or the respondent, the dispute resolution institution may not publicize the materials or information if it holds that the publication thereof may cause damage to the interests of the complainant or the respondent.

Article 19 The CNNIC may amend these Measures in accordance with the development of the Internet and the domain name technology or the revision of the relevant Chinese laws, administrative regulations or policies, etc. The amended measures shall be published on the website and be implemented as of 30 days after the date of promulgation. The disputes regarding domain names that have been submitted to the dispute resolution institution prior to the amendment of these Measures shall not apply the amended measures.

The amended measures shall automatically become a part of the existing domain name registration agreements between the domain name holders and the domain name registration service institution. If any domain name holder does not agree to be bound by these dispute resolution measures or the amended version thereof, it/he shall notify it to the domain name registration service institution in a timely manner. The domain name registration service institution shall continue the domain name services for the domain name holder for 30 days upon receipt of such notification; and shall cancel the relevant domain name registration after 30 days.

Article 20 The power to interpret these Measures shall remain with the CNNIC.

Article 21 These Measures shall be implemented as of March 17, 2006. The former Measures of China Internet Network Information Center for Resolving Disputes Regarding Domain Names as implemented as of September 30, 2002 shall be simultaneously repealed.