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.CN Domain Dispute Policy Time Bar Revised from 2 to 3 years

The Chinese Domain Name Dispute
Resolution Policy (‘CNDRP’) is an efficient procedure for resolving ‘.CN’ domain
name disputes. Even though the CNDRP is based on the Uniform Domain Name Dispute
Resolution Policy (‘UDRP’) model, this Policy has special regulations.

To dispute a domain name under the
CNDRP, the domain name at issue has to be no older than two years. Article 2 of the CNDRP specifically states
that “the Dispute Resolution Service
Providers do not accept the Complaint regarding domain names with registration
term[s] of over TWO years
”.

This time bar is specific to the Chinese
Policy and is based on the General Civil Law Rules of People’s Republic of
China. However, in 2017, the time bar for general civil claims was extended
from two to three years. In line with this change, the China Internet Network
Information Centre (‘CNNIC’) issued an amended CNDRP for consultation.

Among those changes, the amended CNDRP
proposed to extend the time bar from two to three years. Following the end of
the consultation period in early June 2019, the CNNIC has now implemented these
changes. As of 18th June 2019, the time bar has been raised to three
years.

Brand owners are now able to file ‘.CN’ complaints
for domain names which are up to three years old. However, the amended Policy
makes no mention as to whether this applies to all domain names, or is only
reserved for domain names registered after the changes came into effect.

If this new time bar has a retrospective effect, brand owners may be
able to file complaints previously barred under the two-year time bar.

Previously, brand owners could file a
complaint for domain names older than two years, if the trademark owner could prove
that a change of ownership occurred within two years prior to filing the
dispute. Still, this new time bar gives brand owners more flexibility for
filing ‘.CN’ domain names disputes.

Brand owners can now reopen previous cases involving ‘.CN’ domain names, and reassess whether they are still barred from filing a dispute with the relevant dispute provider.

Author – Caroline Valle

July 22, 2019   No Comments

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