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Rules for CNNIC Domain Name Dispute Resolution Policy

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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Chapter IV The Response
 
Article 17 Within twenty (20) calendar days of the date of commencement of the proceedings the Respondent shall submit a response to the Provider.
 
Article 18 The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:
 
(i) Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);
 
(ii) Provide the name and contact details of the Respondent and of any representative authorized to act for the Respondent in the proceedings (postal and e-mail addresses, and the telephone and telefax numbers);
 
(iii) Specify a preferred method for communications directed to the Respondent in the domain name dispute resolution proceedings, including person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including hard copy;
 
(iv) If Complainant has elected a single member Panel in the Complaint, state whether Respondent elects instead to have the dispute decided by a three-member panel;
 
(v) If either Complainant or Respondent elects a three-member Panel, provide the names of three candidates from the Provider's list of panelists to serve as one of the Panelists in the order of its own preference. The Respondent may also entrust the Provider to appoint the panelist on his behalf
 
(vi) Identify and state any other legal or arbitral proceedings which have been commenced or terminated in connection with or relating to any of the domain name(s) that is/are the subject of the complaint and provide all information available concerning such proceedings;
 
(vii) State that a copy of the response has been sent or transmitted to the Complainant in accordance with these Rules;
 
(viii) Conclude with the following statement followed by the signature or stamp of the Respondent or its legal representative or its authorized representative:
 
"Respondent certifies that the response was filed in accordance with CNNIC  Domain Name Dispute Resolution Policy and Rules for  CNNIC Domain Name Dispute Resolution Policy as well as the relevant law; that the information contained in this Response is to the best of Respondent's knowledge complete and accurate; that the corresponding defenses and assertions shall be solely against the Complainant and waives all such defenses and assertions against the Provider and Panelists, the Registry and the Registrar, the registry administrator as well as the Agency.";
 
(ix). Annex, as attachments, any documentary or other evidence upon which the response relies.
 
Article 19  If Complainant has elected to have the dispute decided by a single member Panel and Respondent elects a three-member Panel, Respondent shall be required to pay one-half of the applicable fees for a three-member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single member Panel.
 
Article 20 At the request of the Respondent, the Provider may, under some special circumstances, extend appropriately the period of time for the filing of the response. The period may also be extended by the agreement between the parties, provided that the agreement is approved by the Provider.
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