(a) China ccTLD Dispute Resolution Policy (the “Policy”) as approved and implemented by China Internet Network Information Center.
(b) China ccTLD Dispute Resolution Policy Rules (the “Rules”) as approved and implemented by China Internet Network Information Center.
(c) Further to Article 3 of the Policy, the WIPO Supplemental Rules are supplementary to the Policy and the Rules, adopted by the WIPO Arbitration and Mediation Center (the “Center”).
(d) Any term defined in the Rules shall have the same meaning in these WIPO Supplemental Rules.
(a) Relationship to the Policy and the Rules. . The WIPO Supplemental Rules are to be read and used in connection with the Policy and the Rules.
(b) Version of the WIPO Supplemental Rules. The version of these WIPO Supplemental Rules as in effect on the date of the submission of the Complaint shall apply to the administrative proceedings commenced thereby. A flowchart of the administrative proceedings is set out in Annex E. Any Complaint submitted to the Center and the corresponding decision shall abide by the Policy, the Rules and the WIPO Supplemental Rules.
(a) Modalities. Subject to Articles 7, 12, 18 and 30 of the Rules, except where otherwise agreed with the Center, and provided that a record of its transmission is available, any submission that may or is required to be made to the Center or to an Administrative Panel pursuant to these Rules, shall be made either:
(i) by electronic mail (email) using the address firstname.lastname@example.org; or
(ii) through the Center’s Internet-based case filing and administration system.
(b) Communications with the Center. Any communications sent by a party shall be addressed to the Case Administrator designated by the Center. No party may have any unilateral communications with any member of the Panel. Where a party sends any communications to the Center, it shall at the same time send a copy to the other party.
(c) Archive. The Center shall maintain an archive of all communications received or required to be made under the Rules.
(a) Complaint Including Annexes. The complaint including any annexes shall be submitted electronically in complete form (in accordance with paragraph 12 below using the Center’s Model Complaint available here).
(b) Complaint Transmittal Coversheet. The Complainant shall be required to send or transmit its Complaint under cover of the Complaint Transmittal Coversheet set out in Annex A hereto and posted on the Center's website.
(c) Notification to China Internet Network Information Center and Registrar. The Complainant shall provide a copy of the Complaint to China Internet Network Information Center and the concerned Registrar(s) at the same time as it submits its Complaint to the Center.
(d) Complaint Notification Instructions. In accordance with Articles 5 and 14 of the Rules, the Center shall forward the Complaint electronically to the Respondent together with the instructions set out in the Center’s Notification of Complaint and Commencement of Administrative Proceeding document. The case proceedings shall be deemed to have commenced on the date that the Center forwards the Complaint to the Respondent.
(a) Response’s Due Date. Within twenty (20) days of the date of commencement of the case proceedings, the Respondent shall submit a Response to the Center.
(b) Response Including Annexes. The Response including any annexes shall be submitted electronically in complete form (in accordance with Paragraph 12 below). The Center’s Model Response is available here.
(c) Copy of the Response shall be copied to the Complainant. In accordance with Articles 4 and 18(g) of the Rules, where a Respondent sends its Response to the Center, it shall at the same time send a copy to the Complainant.
(a) Deficiency Notification. The Center shall, after receiving the Complaint, review the Complaint for compliance with the formal requirements of the Policy, Rules and the WIPO Supplemental Rules and notify the Complainant and Respondent of any deficiencies therein.
(b) Withdrawal.If the Complainant fails to remedy any deficiencies identified by the Center within the required time period, the Center shall notify the Complainant, the Respondent, China Internet Network Information Center, and the concerned Registrar(s) of the deemed withdrawal of the Complaint in accordance with Article 14 of the Rules.
(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a complaint to the Center following a deemed withdrawal, the Center shall refund the fee paid by the Complainant pursuant to Article 45 of the Rules, less a processing fee as set forth in Annex C.
(a) Panel. The Center shall maintain and publish a list of Panelist(s) and their qualifications. Any party may refer to the Center’s list available here for details. For the Panelist(s) appointment of specific case, the Center shall appoint suitable person(s) from the list, having regard to the nature of the dispute, the availability of the Panelist(s), the identity of the parties, the independence and impartiality of the Panelist(s), any relevant provision in the corresponding registration agreement.
(b) Party Candidates for a three-member Panel. Where a party is required to submit the names of three (3) candidates for consideration for appointment by the Center as a Panelist (i.e., in accordance with Articles 12(d), 18(e), and 24 of the Rules), that party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, the Center shall, subject to availability, respect the order of preference indicated by a party.
(c) Presiding Panelist for a three-member Panel
(i) The third Panelist appointed in accordance with Article 25 of the Rules shall be the Presiding Panelist.
(ii) Where, under Article 25 of the Rules, a party fails to indicate its order of preference for the Presiding Panelist to the Center, the Center shall nevertheless proceed to appoint the Presiding Panelist.
(iii) Notwithstanding the procedure provided for in Article 25 of the Rules, the parties may jointly agree on the identity of the Presiding Panelist, in which case they shall notify the Center in writing of such agreement no later than five (5) days after receiving the list of candidates provided for in Article 25 of the Rules.
(d) Respondent Default
Where the Respondent does not submit a response or does not submit the payment provided for in Article 19 of the Rules by the deadline specified by the Center, the Center shall proceed to appoint the Administrative Panel, as follows:
(i) If the Complainant has designated a single-member Administrative Panel, the Center shall appoint the Panelist from its published list;
(ii) If the Complainant has designated a three-member Administrative Panel, the Center shall, subject to availability, appoint one Panelist from the names submitted by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its published list.
(a) In accordance with Article 29 of the Rules, prior to appointment as a Panelist, a candidate shall be required to submit to the Center a Declaration of Independence and Impartiality using the form set out in Annex B and posted on the Center’s website.
(b) Replacement of the Panelist(s)
(i) In accordance with Article 29 of the Rules, if at any stage during the proceedings, new circumstances arise which could give rise to justifiable doubt as to the availability, the impartiality or independence of the Panelist, that circumstance shall be promptly disclosed to the Center. In such event, the Center shall have the discretion to appoint a substitute Panelist.
(ii) Where either party thinks that any Panelist has material interests with the opposing party and that such circumstance may affect the fair ruling of the case, that party may request to the Center for the removal of the Panelist before the Panel has rendered its decision. Removal of the Panelist shall be in the Center's discretion.
(a) As set forth in Article 40 of the Rules, the Decision shall be rendered in electronic form and state the outcome and the reasons upon which the Decision is based. The Decision shall be dated and signed by the Panelist(s) according to the requirements set forth in Article 40 of the Rules.
(b) The Panel shall forward its Decision to the Center within fourteen (14) days of its appointment. In exceptional circumstances, the Center may extend the time limit as required for the Panel to forward its Decision.
(a) In accordance with Article 43 of the Rules, the Center shall within three (3) days of its receipt of a decision from the Panel submit the decision to the parties, China Internet Network Information Center, and the concerned Registrar(s) via email.
(b) In accordance with Article 44 of the Rules, unless the Panel determines otherwise, the Center shall publish the full Decision on the Center's website, listing:
(i) the case number;
(ii) the disputed domain name that is the subject of a Complaint;
(iii) the names of the Complainant and the Respondent;
(iv) the Decision rendered by the Panel;
(v) the date of the Decision.
(a) Within seven (7) days of receiving the Decision, a party may by email to the Center requests the Panel to correct in the Decision any errors in computation, any clerical or typographical errors or any errors of a similar nature. Any such corrections shall be given in electronic form and shall become a part of the Decision.
(b) The Panel may correct any errors on its own initiative of the type referred to in Paragraph 11(a) of these WIPO Supplemental Rules within seven (7) days of the date of the Decision being rendered.
(a) Word limits of the Complaint. The word limit under Article 12(i) of the Rules shall be 3,000 words.
(b) Word limits of the Response. The word limit under Article 18(a) of the Rules shall be 3,000 words.
(c) Word limits of the Decision. In accordance with Articles 39 and 40 of the Rules, there shall be no word limits.
(d) File Size and Format Modalities of the Complaint. The file size and format modalities under Article 12 of the Rules shall be as set forth in Annex D.
(e) File Size and Format Modalities of the Response. The file size and format modalities under Article 18 of the Rules shall be set forth in Annex D.
(a) Notification. The Center shall advise the parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.
(b) Responsibilities. The Case Administrator may provide administrative assistance to the Administrative Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.
(a) In accordance with Articles 45 and 46 of the Rules the applicable fees for the administrative procedure are specified in Annex C.
(b) Within ten (10) days after submitting the Complaint to the Center, the Complainant shall, based on the number of the Panelists designated and the number of the disputed domain names, pay the initial fixed fees to the Center in accordance with Annex C. If the Complainant fails to make the payment within ten (10) days from the submission of the Complaint, the Complaint shall be deemed withdrawn.
(c) In accordance with Articles 19 and 45 of the Rules, the Complainant shall pay to the Center an initial fixed fee, in accordance with these WIPO Supplemental Rules, within the time and in the amount required. A Respondent electing to have the dispute decided by a three-member Panel, rather than the single member Panel elected by the Complainant, the parties shall pay the Center one-half of the fixed fee for a three-member Panel. In all other cases, the Complainant shall bear all the fixed fees.
(d) The fixed fees do not include any payments that might have to be made to a lawyer representing a party.
(a) If before Panel appointment the parties agree on a settlement, the parties shall notify the Center of such agreement and the Center will notify China Internet Network Information Center and the concerned Registrar(s).
(b) If before the Panel has rendered its decision the parties agree on a settlement, the parties shall notify the Center of such agreement and the Center shall inform the Panel.
Except in respect of deliberate wrongdoing, an Administrative Panel, WIPO and the Center shall not be liable to a party, China Internet Network Information Center or the concerned Registrar(s) for any act or omission in connection with the administrative proceedings.
Subject to the Policy and Rules, the Center may amend these WIPO Supplemental Rules in its sole discretion, and may publish and implement them upon approval of China Internet Network Information Center.
(a) In accordance with Article 6 of the Policy and Article 8 of the Rules, unless otherwise agreed by the parties, or determined by the Panel under exceptional circumstances, the language of the administrative proceeding shall be Chinese. The Panel may order that any documents submitted in languages other than Chinese be accompanied by a translation in whole or in part into Chinese.
(b) These WIPO Supplemental Rules are in English and in Chinese. In case of discrepancy or ambiguity between the English and Chinese versions, the Chinese version shall prevail.