1. The policy is worked out to solve disputes in the course of registering for or using the wireless keyword according to "The wireless keyword Registration Measure".
2. The policy is applicable to disputes rise from registration and use of wireless keywords that are administrated by China Internet Network Information Center (CNNIC).
3. All dispute cases relate to wireless keywords shall be directed to dispute resolution institutions that are accredited by China Internet Network Information Center (CNNIC). After accepting the case, the dispute resolution institution shall organize an expert group within a stated time period to solve certain disputes in accordance with regulated procedures.
4. A dispute resolution institution may develop relevant resolution procedures and rules, through which members of the expert group can be appointed. These procedures and rules shall be published and put into force after obtaining CNNIC’s accreditation.
5. A wireless keyword registrant shall accept the jurisdiction of the dispute resolution procedures when the complainant put forward the following propositions:
a) -the complainant enjoys the right or legitimate interest protected by Chinese laws;
b) -the disputed keyword is identical with or similar to a name that the complainant holds legal rights or interests;
c) -the keyword registrant has no legal rights or interests in respect of the keyword or major part thereof;
d) -the keyword has been registered or is being used in bad faith.
The complainant is responsible for proving his/her claim in the dispute resolution process.
6. The expert group responsible for adjudicating the dispute has the right to affirm/deem认定 whether the registrant being complained has malicious intentions in registering or using the wireless keyword. Be true in any of the following circumstances will be regarded as proves against registrants:
a) -Registering or acquiring the keyword primarily for the purpose of selling, renting, or otherwise transferring the registration of the keyword for unjustifiable interest;
b) -Frequently register names that other parties hold legal rights and interest as self-owned wireless keywords for preventing other parties from using certain names on the Internet;;
c) -Registering or acquiring the keyword for the purpose of damaging the reputation of the complainant, interfering with business of the complainant, or creating confusion with the complainant so as to mislead public users.
d) -other behaviors in bad faith.
7. Before receiving the complaint forwarded by the dispute resolution institution, the defendant can be demonstrated having legal rights and liabilities regarding the disputed wireless keyword if:
a) The defendant uses the wireless keyword for providing goods or services in goodwill;
b) The wireless keyword held by the defendant has acquired certain awareness, even without being registered as trademark;
c) The defendant uses the wireless keyword in a logical way or legally use the wireless keyword for non-commercial purpose with no intention of misleading consumers to extract commercial interests.
8. If there are multiple wireless keywords disputed against a same defendant, the complainant and the defendant both have the right to request the dispute resolution institution for combining the multiple disputes into one case and be settled by the same expert group.
9. Both disputing parties have the right to beforehand request of the dispute resolution institution the absence of the very expert who is considered by this party to have common interests with the other party for the sake of the ruling's justice.
10. The wireless keyword registry and any registrar shall not be involved in the course of solving the dispute in any identity or pattern, unless requested by the dispute resolution institution to provide necessary information regarding the registration or use of the wireless keyword.
11. Once an expert group recognize a case, it has limited rights to deal with the wireless keyword, which include:
a) delete the registered wireless keyword
b) transfer the wireless keyword to the complainant
12. Both disputing parties have the right to start litigation on the same dispute or submit the dispute to an arbitration institution in the light of the agreement before the complainant's appeal, in the course of solving the dispute or after the final ruling of the expert group on the basis of this policy. If the dispute resolution institution has made the ruling that the registered wireless keyword is to be canceled or transferred to the complainant, the wireless keyword registrar shall await ten (10) working days before executing the ruling. During this waiting period, if the complainant can provide valid evidence to prove that the case has been accepted by certain judiciary institution or arbitration institution that has the jurisdiction over the dispute, the registrar will not put into effect the ruling of the dispute resolution institution, and will take further steps according to the following circumstances:
(1) To implement a “reconciliation agreement” if evidence show that the two parties become reconciled.
(2) To execute the ruling of the dispute resolution institution if evidence show that the related litigation or arbitration has been overruled or withdrawn.
(3) To execute the ruling made by the concerning judiciary institution or arbitration commission that has become legally effective.
13. The dispute-resolution institution shall establish a professional web site, accepting wireless keyword dispute on-line and promulgates all the information and facts concerning dispute cases of wireless keywords, while makes no information and material go public if any party concern the open of such information and material may impair the interests of the party after being published.
14. The registrant shall not transfer the possession of the wireless keyword that is still in judiciary procedures, arbitrating procedures or dispute resolution procedures, except if the assignee agrees in written form to keep themselves within the ruling bounds of the judiciary adjudication, the arbitration award or the dispute resolution.
15. CNNIC has the right to modify the policy according to the development of the wireless keyword and the changes of China's laws, regulations and policies. The revised policy will be published on the website and then be implemented thirty (30) calendar days after the publication. The revised policy is not applicable to the wireless keyword disputes that have been submitted to the dispute resolution institution prior to the revision.
The revised policy automatically becomes part of the existing wireless keyword registration agreement. Registrants who do not accept the textual bounds of the dispute resolution policy or its revised versions shall notify the corresponding registrar in a timely manner. The registrar will preserve his/her wireless keyword for thirty (30) days after receiving the notification; then delete the wireless keyword after the preserve period.
16. CNNIC is responsible for explaining the dispute resolution policy.
17. This policy is put into effect on March 20th , 2006.
(Note: The English translation is for reference only. All terms shall be implemented in accordance with original Chinese version)
