Chen Jian open individual registration domain name there is no legal obstacle
recently, the relevant departments of the state has increased the mobile phone and Internet pornographic information governance, China’s domain name registration authority China Internet Network Information Center (CNNIC) also issued a series of many management initiatives, continue to strengthen the management of domain name. But the individual has the right to use the domain name registration "issue has become the focus of attention of many media and the public, then, whether there is a personal right of registered domain names? Open the individual CN domain name registration has no legal obstacles? Therefore, civil and Commercial Law Institute of China University of Political Science and Law Intellectual Property Research Institute associate professor Chen Jian told reporters, from a legal point of view expounded his views.
individual registered domain name can be protected by law,
it is understood that at present, China’s relevant normative documents management of domain name registration, mainly by the former Ministry of information industry (now the Ministry of industry and information technology) issued the "Chinese Internet domain name management procedures" (hereinafter referred to as the "management measures", December 20, 2004 onwards) to develop and China Internet Network Information Center "Chinese Internet network information the center of the domain name registration regulations" (hereinafter referred to as the "implementation rules", from June 5, 2009 implementation). Among them, the "implementation rules" fourteenth clearly states: "domain name registration applicants (hereinafter referred to as applicants) shall be registered according to law, and can independently bear civil liability organizations."." The special provisions of the application rules to the domain name application entity directly exclude the individual from the domain name application. However, the twenty-seventh article of the administrative measures stipulates that "the domain name registered and used by any organization or individual shall not contain the following contents.":……".
from the provisions of the content, "management measures" does not prohibit individuals registered using the domain name, but the "implementation rules" provisions of the domain name registration applicant shall be equivalent to the "organization", banned the use of the domain name registration of personal rights, so, whether or not someone the right to use the domain name registration
in this regard, Chen Jian, associate professor, said, from the legal point of view, when the lower law and the upper law conflict, the superior law is better than the lower law. The Ministry of information industry "management measures" of the legal effect, legal level is higher than that of China Internet Network Information Center "implementation details", so when the conflict "implementation rules" and "management measures", "rules for the implementation of the relevant provisions of the" invalid, and should comply with the "management approach".
Chen Jian further explained: whether the individual has the right to register CN domain should be based on the "procedures" provisions shall prevail, since the "management approach" does not prohibit the domain name, registered person then, in accordance with the "law does not prohibit the principle allows for jurisprudence", individuals have no dispute the registration and use of domain name right CN.
it is understood that in the domain name dispute cases accepted by some arbitration institutions, the right of individuals to register the use of CN domain names has also been recognized. In 2007, Tianjin Yili Bus Manufacturing Co., Ltd. applied for the China International Trade Arbitration Commission