Case jurisdiction court determined domain name litigation practice four

in order to understand better the original intent of the relevant laws and regulations, to commemorate the "Supreme People’s Court on the trial involving the law applicable to a number of computer network domain of civil dispute cases the interpretation of" promulgated 7 anniversary, D& N; domain name office special release "domain litigation practice" series of articles, relevant laws and regulations detailed interpretation of domain name.

method:

second cases involving infringement of domain name, the place of tort or the defendant’s domicile of the intermediate people’s court jurisdiction. Where it is difficult to determine the place of infringement and the place where the defendant is domiciled, the plaintiff finds that the location of the computer terminal, such as the domain name, may be deemed to be an act of tort.

interpretation:

domain name infringement jurisdiction determination: according to the interpretation of the domain name infringement lawsuit filed directly to the court, the place of the defendant and the defendant can be used as the basis for determining the jurisdiction of the court. Tort includes the place of tort and tort result, because the computer network has broken the traditional space region, a domain name registration, the place of tort can usually submit application for the domain name registration, domain name registration institution is located, the domain name server is located; and it can be regarded as the result of tort the infringee found the fact of infringement, such as "the plaintiff found that computer terminal equipment such as the location of the domain name". Taking into account the domain name dispute cases of professional strong, difficult to hear, and often involves the identification of well-known trademarks, so the intermediate people’s court as the court of first instance.

The

domain name right the right of jurisdiction: according to the relevant provisions of the Civil Procedure Law of China twenty-second, a civil lawsuit brought against a legal person or any other organization, governed by the people’s Court of the place where. The provisions of the above provisions are in addition to the status of the relationship between the contract and tort law, such as the legal relationship between the general provisions of the jurisdiction. However, in the case of domain name rights, the plaintiff’s claim is to confirm the right of domain name, the domain name right confirmation of ownership, the jurisdiction shall be determined by the provisions of the general jurisdiction, which shall be under the jurisdiction of the defendant’s domicile shall apply. See the case of the Beijing first intermediate people’s Court (2006) a min Chu Zi No. 8657th.

method:

foreign domain name dispute cases include one or both of the parties are foreigners, stateless persons, foreign enterprises or organizations, international organizations, or domain name registration in a foreign domain name dispute cases. In case of disputes concerning the domain name of a foreign entity within the territory of the People’s Republic of China, the jurisdiction shall be determined in accordance with the provisions of the fourth paragraph of the civil procedure law.

interpretation:

international domain name dispute case: mainly includes two kinds of situations, one is one or two parties are foreigners, stateless persons, foreign enterprises or organizations and international organizations; two is the domain name registration behavior occurs in a foreign country, such as ".Com", ".Org", ".Net" domain name disputes, domain name registered in the United States, the legal relationship between the parties to establish, change or terminate the legal facts.

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