How can a foreign business beneficiary assert rights to a Chinese domain name?
In order to assert rights to a Chinese domain name, a foreign business beneficiary must file a domain dispute resolution request with the China International Economic and Trade Arbitration Commission (CIETAC). This is an independent arbitration agency in Beijing that works with China-based firms and international companies on disputes related to resolve businesses activities. The foreign business beneficiary should submit evidence that the Chinese domain name is identical to or confusingly similar to a trademark or service marked that they own. This should be done by providing copies of certificates of registration for the trademarks, specimen of use of the mark, and other evidence that may help demonstrate the ownership of the trademark. The foreign business beneficiary should also provide proof of their business activities in China by providing documents such as their business license and other documents that may demonstrate the use of their trademark in China. After submitting their documentation, the foreign business beneficiary will be notified of the result of the resolution request within 30 days. If their request is successful, the Chinese domain will be transferred to the foreign business beneficiary. If the foreign business beneficiary is not successful in asserting their rights, they may file a lawsuit in a Chinese court to protect their rights to use the Chinese domain name.
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