中文

Time Limit to File Domain Name Disputes over .cn Domain Names Extended to 3 Years as of June 18, 2019

07/04/2019 10:57

CNNIC ccTLD Dispute Resolution Policy (CNDRP) was revised on June 18, 2019. According to the newly revised Article 2 “the Dispute Resolution Service Providers do not accept the Complaint regarding domain names with registration term of over Three years”, the term was extended from two years to three years, which means that the Dispute Resolution Service Providers could accept the Complaint regarding CN and 中国(China in Chinese) domain names with registration term less than three years since the date of new rules implementation on June 18, 2019.

The three-year term seems to be in conformity with the limitation of action as described in the General Provisions of the Civil Law after the amendment in 2017. Extending the term could broaden the acceptance scope of domain name dispute and give the Complainant more time to collect evidence, which will better safeguard the fairness of law and protect the interests of right holders

The comparison of applicable domains and time limit for filing the domain name dispute among CIETAC ODRC, HKIAC and Beijing Office of HKIAC:

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The above chart indicates that China International Economic and Trade Arbitration Commission Online Dispute Solution Center (CIETAC ODRC) and Hong Kong International Arbitration Center (HKIAC), which resolve domain name dispute under CNDRP, could accept the Complaint regarding CN and 中国(China in Chinese) domain names with registration term less than three years since June 18, 2019. While UDRP (Unified Domain Name Dispute Resolution Policy) does not have such term limitation, therefore Hong Kong International Arbitration Center (HKIAC) and Beijing Office of Hong Kong International Arbitration Center (Beijing Office of HKIAC) could accept the Complaint about All gTLDs except CN and 中国(China in Chinese) domain names with no time limit.

Right holders shall monitor closely on domain names concerning CN and 中国(China in Chinese) and file complaints regarding domain names with registration term less than three years, so as to avoid paying more efforts and costs for resolving the disputes after time limit. In addition, although there is no time limit for complaints about All gTLDs except CN and 中国(China in Chinese) domain names which shall be accepted and resolved by Hong Kong International Arbitration Center (HKIAC) and Beijing Office of Hong Kong International Arbitration Center (Beijing Office of HKIAC), the Complainant shall file complaints in a timely manner.  

(Source: CCPIT Patent and Trademark Law Office)

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