How can a foreign business beneficiary assert rights to a Chinese domain name?
When it comes to a foreign business trying to assert rights to a Chinese domain name, there are certain steps that need to be taken. Under Tennessee’s China Business Ventures Law, these steps include registering with the Chinese domain name registry and filing a “notice of opposition” in writing with the registry. The notice of opposition must be submitted within the timeframe outlined by the registry and must state the reasons why the domain name should not be registered or renewed by the other party. Once the notice of opposition is filed, the registry will decide whether or not to accept the application. If accepted, the notice of opposition will be published and the foreign business will have the right to challenge the domain name registration. If the challenge is successful, the foreign business can then request that the domain name registration be cancelled or transferred to them. The foreign business can also take other legal measures to assert their rights to a Chinese domain name, such as filing a court action against the other party for copyright infringement or trademark infringement. The foreign business must also be aware of the local laws and regulations in China regarding domain name acquisition. Finally, foreign businesses should consider engaging the services of a Chinese lawyer who has experience in domain name-related matters. Such a lawyer can assess the legal landscape concerning domain names in China and provide the best advice and strategy for protecting a foreign business’s rights to a Chinese domain name.
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