Experts say the personal registration of CN domain name has no legal rightsPosted by: admin | Posted on: March 1, 2017
when individuals and enterprises in order to belong to a CN domain name arbitration wrestling, whether because of personal identity and eventually lost? To solve the center learned from the China International Trade Arbitration Commission reporters before the date of the domain name dispute, domain name dispute ended irizar.com.cn won by a person, according to practice of dispute resolution mechanism, individual CN domain name registration shall allow all doubt the legitimate rights.
According to Hu Gang, chief expert of lawyer
the case said, in the current CN domain name dispute settlement procedures in practice, identity domain names registered, generally do not affect the settlement of disputes verdict. Whether the domain name holder is an individual or an organization, its rights and obligations in the domain name dispute resolution mechanism are equal, enjoy the equal right of defense, and its legitimate rights and interests are protected.
experts explained that China has not yet developed specific laws or administrative regulations relating to the domain name. China’s domain name registration services and related activities mainly follow the Ministry of information industry promulgated the "China Internet domain name management approach," the Department rules. The "measures" the administration of Internet domain names China twenty-seventh clearly contains a "personal registration and use of domain name", and at the same time, there is no other laws and administrative regulations, local regulations, autonomous regulations and separate regulations or rules to make personal CN domain name registration provisions.
and individuals signed with the Registrar of CN domain name registration contract is also subject to legal protection, Hu Gang pointed out. According to the provisions of article fifty-second of the contract law, the contract is invalid in violation of the mandatory provisions of laws and administrative regulations. The Supreme People’s Court on the application of the relevant judicial explanation of "contract law", more clearly defined, the people’s court shall confirm the contract invalid, laws adopted by the National People’s Congress and its Standing Committee and the administrative rules and regulations formulated by the State Council as the basis, not by local regulations and administrative regulations as the basis. Therefore, Hu Gang said: "as long as the individual CN domain name registration, compliance with laws and administrative regulations, the registration and registration services or its agents signed between the domain name registration service contract is valid, protected by law. In the domain name dispute resolution procedures, arbitration or litigation, the protection of the legitimate rights and interests of the person holding the domain name and the right of the relevant identifier shall be equally protected, and the award shall be made in accordance with the law and facts."
in fact, many of the domain name dispute resolution procedures in practice is to follow this principle. Reporters learned that, in addition to the irizar.com.cn case, recently, many individuals to register the domain name CN registered in the dispute settlement process has been successful. In China