Sunrise Dispute Resolution Policy
This document describes China Internet Network Information Center (“CNNIC”) Pioneers Period Policy, which defines the registration policies and eligibility requirements for registrations in Pioneers Period. Pioneers Period is the second phase of the Top Level Domain “.网络”(xn—io0a7i) &”.公司” (xn—55qx5d)for their open registration, and the first subphase of the limited registration. This phase is an important opportunity designed to help any qualified companies, community groups, and business associations proactively register their domain name right after Sunrise Period, but prior to General Availability Period. During this period, CNNIC will conduct Claim Service in accordance with ICANN’s mandatory trademark claims process.
1. This Sunrise Dispute Resolution Policy governs disputes arising out during Sunrise phase of “.网络”(xn—io0a7i) &”.公司” (xn—55qx5d). It is developed in accordance with the provisions and requirement of ICANN policy and China Internet Domain Name Regulations.
2. This policy applies to disputes concerning domain registration in compliance with ".网络"&".公司"Sunrise Policy.
3. Sunrise in this policy means the period of time China Network Information Center set out for ".网络"&".公司". The period for Sunrise shall be in accordance with China Network Information Center announcement.
4. The dispute resolution provider appointed by China Network Information Center shall administer resolution of disputes arising under this Policy. Dispute resolution provider should formulate corresponding rules and procedures under this policy.
5. Domain registration disputes and complaints during Sunrise phase must be submitted to the dispute resolution provider before 24:00 of Sunrise end date.
6. The dispute resolution provider shall implement Panelist Group mechanism. Panelist Group consists of one or three experts with high ethics and grasp of the Internet and related legal knowledge, and capable to make independent and impartial judgment on domain name disputes. The Provider shall publish a list of panelists on Provider’s website for complainants and respondents to choose from.
7. Anyone could file a complaint to the Provider for any Sunrise registration of ".网络"&".公司" and if any of the following grounds is applicable:
1) At the time the challenged domain name was registered, the registrant did not hold a valid trademark;
2) The domain name is not identical to the mark on which the registrant based its sunrise registration;
3) The trademark registration on which the domain name registrant based its sunrise registration did not issue before Sunrise phase.
8. The Provider shall formulate panelist group in accordance with the rules to handle complaints. The Panel shall follow principles of "independence, impartiality and convenience", and proceed to a decision on the dispute within 30 days from the date of the appointment on the case.
9. The language of proceedings shall be in Chinese, however, if the complainant and the respondent agree otherwise, or the group decided to proceed in other languages.
10. It is the responsibility of both parties to provide supporting evidence of the claims
11. If the same respondents subject to multiple disputes, complainants or respondents shall make a request to the Provider and the panel shall decide whether to collate the disputes into one dispute and proceed by one panel.
12. Before a Panel proceeds to a decision, complainants or respondents could disclose to the Provider any circumstances giving rise to justifiable doubt as to the Panelists’ impartiality or independent and make avoidance request to Panelists with supporting evidence and grounds. In such event, the Provider shall have the discretion to proceed to a decision.
13. Neither China Internet Network Information Center nor domain name registration service providers shall participate in the dispute resolution process in any manner in domain name dispute resolution procedures, except in the case that the Provider request to provide domain name registration information.
14. Panelists shall proceed to a decision based on the evidence and facts provided by the complainant and the respondents. If Panel finds that the complaint is substantiated, registered domain name shall be cancelled. If Panel finds that the complaint is not substantiated, the law suit shall be dismissed.
15. Before prevailing a dispute on the basis of this policy, in procedures of dispute resolution or have the decision made by the panel, Complainants or respondents could propose the same dispute to the Chinese court based on the location of China Internet Network Information Center, or to a China arbitration institution according to the agreement.
16. Domain name registration service provider will implement the decision directed by the Dispute Resolution Provider to cancel the domain name, within ten (10) days after receiving the decision from the Provider. However, if respondents could provide evidence that a judicial or arbitration institution accept relating disputes, dispute resolution provider will suspend enforcement of the decision.
For suspended decisions, domain name registration service providers shall proceed,subject to following:
1) In the event that both parties have reached agreement, enforce the agreement;
2) In the event that relating disputes or arbitration applications have been dismissed or withdrawn, enforce decisions directed by the dispute resolution service provider;
3) In the event that relating judicial or arbitration institution have made decision, and have legal effect, enforce the decision.
17. During dispute resolution period, domain name registration service providers should freeze the disputed domain name and should not change the information of the domain name holder, change domain name service provider or cancel the domain name.
18. Dispute resolution provider shall establish an exclusive website, to receive complaints on domain name disputes, and publish information related to domain name disputes. Nevertheless, considering the information release might harm either parties’ interests, if complainants or respondents request, information shall not be released.
19. This policy is subject to change by China Network Information Center on the basis of the development of internet and domain name technology and changes on ICANN policy, relating laws and administrative regulations. Revised policy shall be published on the website, and shall be in effect in 30 days after the release. Domain name disputes previously submitted to the Provider shall not be applicable to revised policy.
The revised policy shall become part of the existing domain name registration agreement between domain name holders and domain name registration service providers. Domain name holder shall promptly notify the domain name registration service providers if he/she does not agree to the dispute resolution policy or the constraints in the modified texts. Upon receiving the notification, domain name registration service provider shall reserve 30-day domain name service, after 30 days, related domain name shall be cancelled.
20. China Network Information Center reserves the sole right to interpret this policy.
21. The policy shall take effect from date of 2014-7-1.