26
Feb
2017

Experts said cybersquatting legal risk

a total of 23 Chinese domain name arbitration, of whom 19 were convicted of "transfer domain", the reporter today from the China international economic and Trade Arbitration Commission domain name dispute resolution center was informed that in the center recently accepted the "offshore real estate", "Biguiyuan group" Chinese domain name arbitration, the arbitration in favor of complaints the rate of up to 82%.

it is understood that in the case of transfer was convicted of 19 pieces, including "Mita shares" and "Biguiyuan group", "offshore real estate", "South Asia plastic", Chinese domain name impressively, the common feature is that the domain name is well-known company or brand name. The registration is not related to the enterprise itself, and even some domain name has been hanging in the online auction bid, and complaints (human rights) that the domain name investors suspected malicious rush registration Chinese domain name, the domain name will be transferred to their own requirements.

According to China’s "

" and "domain name dispute solution domain name dispute settlement rules" and other relevant provisions, if the domain name holders enjoy rights not in the domain name or its main part, no justification for the registration and use of the domain name, domain name registration or the transferee for the purpose of sale, as to the civil rights and interests of all the people the complainant or its competitors, lease or otherwise transfer the domain name to obtain improper benefits, this behavior is a malicious registration. Therefore, in these cases, once the domain name of the civil rights filed disputes, arbitration or litigation, the relevant domain name will be ruled transfer.

years, China’s domain name industry irrational investment behavior of the domain name has become increasingly fierce. Beihang University law school, Dr. Tan Hualin believes that the rights of people, up to 82% of the rate of winning the arbitration, also to obtain improper benefits for the purpose of malicious registration of blind investors sounded the alarm.

it is understood that China’s domain name registration authority CNNIC days ago also issued a special "on the" set up the correct domain name values to prevent irrational investment risk "notice", emphasize the value of domain name is the use of the basic nature of "domain name, domain name investment is not, but by the use of domain name value is derived, the appreciation of space a domain name is closely related to usage, and to remind the majority of Internet users especially part of the domain name investors," any investment is risky, investment must be cautious in the domain name, the domain name of the blind investment behavior is not desirable".

for individual Chinese domain blind investment, domain experts and consulting general manager Zhai Wenjun reminded the Registrar: only the domain name for "matching" of the enterprise to produce the true value, when the domain name really is their own business, and for all the network brand construction, enterprise network marketing and marketing, in order to really have high additional value, otherwise the register not only to pay maintenance fees each year alone domain, but also face huge legal risk. At the same time, due to the uniqueness of the Chinese CN domain name, there is the possibility of being registered by others or competitors, resulting in the enterprise network resources and brand marginalization

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