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09-03-2011, 12:01 PM

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66110 2007 年 09 月 12 日 16:07 Reading (loading. ..) Comments (0) Category: laws and regulations
; Supreme People's Court on the trial of civil disputes involving the computer network domain name case law applicable to the interpretation of a number of issues

(2001 年 6 月 26 日Supreme Court Judicial Committee meeting, 1182, is hereby promulgated, July 24, 2001 effective)
Supreme 〔2001〕 24

; to the correct domain name registration cases involving computer networks, the use of civil disputes and other acts (hereinafter referred to as domain name dispute cases), according to \Act \The first related to the computer network for domain name registration,la gear walking shoes, the use of other acts of civil disputes, the parties to the people's court, after review of one hundred and eighth line with the Civil Procedure Law stipulates, the people's court shall be accepted.

second infringement case involving domain names, by the infringement or where the defendant has his domicile in the Intermediate People's Court jurisdiction. Difficult to determine violations of the land and the domicile of the defendant, the plaintiff found that the domain name where computer terminals and other equipment can be regarded as the infringement. Foreign domain name dispute cases, including one or both parties are foreigners,la gear sneakers, stateless persons, foreign enterprises or organizations, international organizations, or domain name registration domain name disputes in foreign countries. Occurred within the territory of the PRC foreign domain name disputes in accordance with the provisions of Part IV of Civil Procedure to determine jurisdiction.

domain name dispute cases, the third cause of action, according to the legal dispute between the parties to determine the nature and in its name preceded by the computer network ; controversial nature of the legal relationship is difficult to determine, for the computer network known as domain name dispute cases. Article

domain name dispute cases people's court, to meet the following conditions shall be found the defendant registered the domain name and other acts of infringement or unfair competition:
(a) the plaintiff requests legal and effective protection of civil rights;
(b) the domain name or major part of the defendant constitutes a copy of the plaintiff well-known trademarks, imitation,la gear womens shoes, translation or transliteration; or with the plaintiff's registered trademark, domain name identical or similar to other, related to the public sufficient to cause mistake;
(c) the defendants the main part of the domain name or do not enjoy the rights and interests, and no registration, justify the use of the domain name;
(d) the defendant registered the domain name to use in bad faith. Article

proved the defendant's behavior is one of the following circumstances, the people's court shall determine its bad faith:
; (a) for commercial purposes to other well-known trademark as a domain name;
(b) registered for commercial purposes, use and the plaintiff registered trademark, domain name identical or similar such as domain name, intentionally causing the plaintiff to provide products, services or the plaintiff is the site confusing, misleading Internet users visit their Web site or other online sites;
(c) of the high prices offered for sale, lease or otherwise transfer the domain to obtain undue benefits;
(d) a registered domain name, he does not use was also not ready to use,la gear on sale, and who wish to prevent the registration of the domain name holder;
(e) with other malicious circumstances. Evidence to prove the defendant before the dispute has obtained the domain name they hold a certain reputation, and can with the plaintiff's registered trademark,la gear mens shoes, domain name, etc. to distinguish, or have other circumstances is not sufficient to prove bad faith, the people's court finds that the defendant may not have malicious. Article

domain name dispute cases people's court, the request of the parties and the circumstances of the case, could involve up make a determination whether the well-known trademark law.

People's Court in the case of Article VII of domain name dispute cases,la gear light, consistent with the interpretation of Article IV of the case, according to relevant laws infringes the provisions should apply the appropriate legal requirements; constitute unfair competition, civil law can be applied to Article IV, unfair competition law, the provisions of the first paragraph of Article II. Foreign domain name dispute cases, in accordance with Chapter VIII of the Civil Code of the relevant regulations.

People's Court found Article VIII domain name registration, the use of such acts constitute infringement or unfair competition, it may order the defendant to stop infringement, cancellation of domain names, or decree by the plaintiff's request to use the domain name registered by the plaintiff; to cause actual harm to rights holders, you can order the defendant for damages.

09-03-2011, 12:01 PM	#2
ua8ofdfd Posts: n/a	\| Back to logs list 66110 2007 年 09 月 12 日 16:07 Reading (loading. ..) Comments (0) Category: laws and regulations ; Supreme People's Court on the trial of civil disputes involving the computer network domain name case law applicable to the interpretation of a number of issues (2001 年 6 月 26 日Supreme Court Judicial Committee meeting, 1182, is hereby promulgated, July 24, 2001 effective) Supreme 〔2001〕 24 ; to the correct domain name registration cases involving computer networks, the use of civil disputes and other acts (hereinafter referred to as domain name dispute cases), according to \Act \The first related to the computer network for domain name registration,la gear walking shoes, the use of other acts of civil disputes, the parties to the people's court, after review of one hundred and eighth line with the Civil Procedure Law stipulates, the people's court shall be accepted. second infringement case involving domain names, by the infringement or where the defendant has his domicile in the Intermediate People's Court jurisdiction. Difficult to determine violations of the land and the domicile of the defendant, the plaintiff found that the domain name where computer terminals and other equipment can be regarded as the infringement. Foreign domain name dispute cases, including one or both parties are foreigners,la gear sneakers, stateless persons, foreign enterprises or organizations, international organizations, or domain name registration domain name disputes in foreign countries. Occurred within the territory of the PRC foreign domain name disputes in accordance with the provisions of Part IV of Civil Procedure to determine jurisdiction. domain name dispute cases, the third cause of action, according to the legal dispute between the parties to determine the nature and in its name preceded by the computer network ; controversial nature of the legal relationship is difficult to determine, for the computer network known as domain name dispute cases. Article domain name dispute cases people's court, to meet the following conditions shall be found the defendant registered the domain name and other acts of infringement or unfair competition: (a) the plaintiff requests legal and effective protection of civil rights; (b) the domain name or major part of the defendant constitutes a copy of the plaintiff well-known trademarks, imitation,la gear womens shoes, translation or transliteration; or with the plaintiff's registered trademark, domain name identical or similar to other, related to the public sufficient to cause mistake; (c) the defendants the main part of the domain name or do not enjoy the rights and interests, and no registration, justify the use of the domain name; (d) the defendant registered the domain name to use in bad faith. Article proved the defendant's behavior is one of the following circumstances, the people's court shall determine its bad faith: ; (a) for commercial purposes to other well-known trademark as a domain name; (b) registered for commercial purposes, use and the plaintiff registered trademark, domain name identical or similar such as domain name, intentionally causing the plaintiff to provide products, services or the plaintiff is the site confusing, misleading Internet users visit their Web site or other online sites; (c) of the high prices offered for sale, lease or otherwise transfer the domain to obtain undue benefits; (d) a registered domain name, he does not use was also not ready to use,la gear on sale, and who wish to prevent the registration of the domain name holder; (e) with other malicious circumstances. Evidence to prove the defendant before the dispute has obtained the domain name they hold a certain reputation, and can with the plaintiff's registered trademark,la gear mens shoes, domain name, etc. to distinguish, or have other circumstances is not sufficient to prove bad faith, the people's court finds that the defendant may not have malicious. Article domain name dispute cases people's court, the request of the parties and the circumstances of the case, could involve up make a determination whether the well-known trademark law. People's Court in the case of Article VII of domain name dispute cases,la gear light, consistent with the interpretation of Article IV of the case, according to relevant laws infringes the provisions should apply the appropriate legal requirements; constitute unfair competition, civil law can be applied to Article IV, unfair competition law, the provisions of the first paragraph of Article II. Foreign domain name dispute cases, in accordance with Chapter VIII of the Civil Code of the relevant regulations. People's Court found Article VIII domain name registration, the use of such acts constitute infringement or unfair competition, it may order the defendant to stop infringement, cancellation of domain names, or decree by the plaintiff's request to use the domain name registered by the plaintiff; to cause actual harm to rights holders, you can order the defendant for damages.

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