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CONSTANTIN BRANCUSI

Chinese domain name dispute resolution services by WIPO

27.09.2019


For those unfamiliar with what WIPO stands for, WIPO is the main agency acting on an international level, under which Intellectual Property services, policies and information are developed in a balanced and effective way, helping us bring innovation and creativity into our lives.

Even if you are not familiar with the acronym UDRP, you certainly have agreed to abide by the UDRP procedures when you signed your domain name agreement. UDRP stands for Uniform Domain-Name Dispute-Resolution Policy, which is basically a set of rules found in every Domain Name Purchase Agreement. In other words, this agreement will prove useful in the event of a dispute.

Therefore, in the event of a dispute between a trademark owner and the domain name registrant over an identical or similar denomination, there is a general set of rules to be followed, if requested, over the span of approx. 45 days, after which the registrar will implement the decision of the UDRP panel so that the dispute is closed. In successful cases, this results in the domain name being automatically transferred to the trademark owner. This can be done if the whole complaint initiated by the previous trademark owner covers the following criteria simultaneously:

 

(i)   the domain name is identical to, or can be confused with, the trademark;

(ii)  the domain name holder has no rights or legitimate interests concerning the domain name;

(iii) the domain name has been registered and is being used in bad faith.

 

As most IP practitioners know, the ever-changing and fast-paced Chinese market has always been a source of challenges in our field. We are therefore happy to announce that WIPO’s Arbitration and Mediation Center has become “the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .中国 (China) country code Top-Level Domain (ccTLD)”, as of August 1st 2019.

As such, WIPO`s Domain Name Dispute Resolution Service continues to gain popularity and appreciation because of its now extended purpose: the fight against abusive registrations of .CN and .中国 domains.

In order to resolve any confusing, similar domain name disputes, it is worth stressing that WIPO UDRP for .CN and .中国 ccTLD is only applicable to .CN and .中国 domain names, and only if they have been registered for less than three years.

Additional information on this subject can be found on WIPO’s website: https://www.wipo.int/amc/en/domains/cctld/cn/ .

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