Domain name registration for two years whether the dispute arbitration

Mar 5, 2017 isjscowe

        lawyer:

        online registration deadline heard two years the domain name can not be filed for arbitration, whether this means that as long as the use of a registered trademark of my domain name for two years to others, I will not get the domain name?

        Reader: Huang Qin

        Huang reader:

        domain name dispute resolution mechanism is a new alternative dispute resolution method which is suitable for Internet domain name dispute dispute, and does not belong to arbitration procedure.

        China "CNNIC domain name dispute resolution procedures" second clearly stipulates: the disputed domain name registration deadline for two years, the provider will not be accepted for complaints related disputes.

        because the domain name dispute resolution procedure is just an alternative way to solve the disputes, it cannot be ruled out by national force to protect the proceedings, such provisions and the court finds that the independent litigation cases.

        domain name dispute case belongs to the general civil dispute, applicable to two years of statute of limitations.

        the limitation of action should be noted that the starting point is "knows or should know that his rights have been infringed, in practice, to know or should know the infringement" has been more than two years, the situation is often difficult to prove, and aging and in check and interrupt.

        for example: "139th of the general principles of civil law": "in the last six months of the limitation of action, due to force majeure or other obstacles can not exercise the right to request a suspension of action limitation. The period of limitation of action shall continue to be calculated from the date on which the reasons for the suspension of prescription are eliminated." Article 140th provides: "the limitation of action because of a lawsuit, the parties to a request or consent to fulfill obligations and interrupt.

        during the period of limitation of action, from the time of interruption."

        therefore, in the civil procedure, after the domain name registration for twenty years, the litigant in knew that with its own rights and interests related domain name is registered by others for two years, may the domain

By admin

Leave a Reply

Your email address will not be published. Required fields are marked *