How can a foreign business beneficiary assert rights to a Chinese domain name?
Foreign business beneficiaries can assert rights to a Chinese domain name by filing a civil complaint with the Chinese court. This is done by filing a petition with the court in the Chinese jurisdiction where the domain name was registered. It is essential to have evidence of trademark infringement when filing such a petition, as this is the basis for the complaint. The petition should identify the specific domain name, as well as any evidence related to trademark infringement. If the court finds that the petition is valid, the defendant will be required to take action to stop any infringement of the trademark. The court may order the defendant to stop using the domain name, transfer the domain name to the claimant, or pay damages to the claimant. Depending on the jurisdiction, punitive damages may also be awarded. The claimant should always translate legal documentation into the Chinese language and make sure any foreign documents are properly authenticated. In some cases, the claimant’s lawyer may need to present the case in person in order to prove the validity of the claim. In order to assert rights to a Chinese domain name, foreign business beneficiaries must follow all of the specified procedures of the Chinese court system. If the complaint is successful, the claimant may receive compensation or other relief from the defendant.
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