| gTLD | Full Legal Name | E-mail suffix | Detail | | .公司 | Computer Network Information Center of Chinese Academy of Sciences （China Internet Network Information Center） | cnnic.cn | View |
29 Rights Protection Mechanisms
For the purpose of protecting the rights and interests of Internet users and registrants to the greatest extent possible, CNNIC has formulated series of policies on domain name reservation, registration eligibility restriction, domain name dispute resolution, rights infringement complaints infringement handling. CNNIC has also planned rights protection mechanism including a sunrise period, trademark claim services, registration review and verification, URS complaint handling and rights infringement complaint channel to safeguard the intellectual property rights and other civil rights. CNNIC has made plans in terms of manpower, equipment and fund allocation for the implementation on both startup and ongoing basis.
29.1 Rights Protection Policies
29.1.1 Scope of Rights for Protection
Based on the Rights Protection Mechanism (RPM) Proposed by ICANN GNSO and in view of the interests of the ʺ.公司ʺ community, policies on the ʺ.公司ʺ top level domain name are formulated mainly for the protection of two categories of rights that may be involved in domain name registration and the scope thereof, specifically:
29.1.1.1 Intellectual Property Rights
CNNIC will comply with all international trademark and cybersquatting laws that apply to the operation of a domain name registry. To protect intellectual property rights involved domain names, CNNIC has stipulated in contractual conditions to restrict the registration and use of the second or the third domain of ʺ.公司ʺ in the following circumstance:
(1) The disputed domain name is identical with or confusingly similar to the name or mark in which other one has civil rights or interests, and
(2) The disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name, and
(3) The disputed domain name holder has registered or has been using the domain name in bad faith.
Note:
(1)Any of the following circumstances may be the use of a domain name in bad faith:
*The purpose for registering or acquiring the domain name is to sell, rent or otherwise transfer the domain name registration to the party who is the owner of the name or mark or to a competitor of that trademark owner, and to obtain unjustified benefits;
* The disputed domain name holder, on many occasions, registers domain names in order to prevent owners of the names or marks from reflecting the names or the marks in corresponding domain names;
* The disputed domain name holder has registered or acquired the domain name for the purpose of damaging the Complainantʹs reputation, disrupting the trademark holderʹs normal business or creating confusion with the trademark holderʹs name or mark so as to mislead the public;
* Other circumstances which may prove the bad faith.
(2)The person against whom the complaint is filed in any of the following circumstances before his⁄her receipt of the complaint delivered by the dispute resolution provider shall be deemed to enjoy legitimate rights and interests in the domain name:
*has used the domain name or any name corresponding thereto during the provision of commodities or services;
*has not obtained the trademark, but the domain name he⁄she holds has been in existence for over two years and obtained a certain degree of reputation;
*has been using the domain name reasonably or legitimately and non-commercially without the intention to mislead the consumers for commercial profits.
29.1.1.2 Other Rights
Except for the articles provided in preceding paragraphs, in order to maintain the interests of the nation and the civil society, CNNIC will take necessary measures to protect certain words in the following circumstances:
(1)Country geographic names shall not be registered by any parties without obtaining consent or non-objection of the local authorities which the geographical name points;
(2)The names of products and services subject to relevant provisions of the State on obtaining license shall not be registered by individuals or enterprises without the license;
(3)The names of well-recognized government and international organizations shall not be used by any organizations and individuals other than those to which such names point;
(4)Domain names shall not disseminate contents that violate public order, such as pornography, violence and terrorism;
(5)Open access to registrant information shall be maintained to the extent compatible with applicable privacy laws and the CNNIC policy of treating all registrants equitably.
CNNIC will also encourage the community to bring to its attention other reasonable safeguards, if any, that may be appropriate to employ in this area. Additionally, CNNIC will adopt any policies promulgated by ICANN with respect to rights protection.
29.1.2 Implementation Plan for Different Categories of Rights Infringement
Please refer to table 1 in attachment Q29_attachment_table.
29.1.3 Detailed Description of Rights Protection Policies
29.1.3.1 Registration Requirement
Registrar will conduct authentication of registrants identity (please refer to Question 28 for details) and registration eligibility check. If a registered domain name involves any of the following requirements, the original domain name registrar shall cancel the registration and notify the domain name holder in written form:
(1) In case the domain name holder or his⁄her deputy applies for the cancellation of the domain name registration;
(2) In case the registration information submitted by the domain name holder is unauthentic, inaccurate or incomplete;
(3) In case the domain name holder fails to pay the corresponding fees in accordance with the provisions;
(4) In case the domain name shall be written off in accordance with the judgment by the peopleʹs court, arbitration institution or the domain name dispute resolution institution; or
(5) In case the domain name is in violation of the provisions and the relevant laws and regulations.
29.1.3.2 Policies on Prohibited Strings
In addition, according to ʺChina Internet Domain Name Regulationsʺ (please refer to http:⁄⁄www1.cnnic.cn⁄html⁄Dir⁄2005⁄03⁄24⁄2861.htm). CNNIC does not allow the registration and use of domain names for malicious purpose. Please refer to Question 28 for detailed description.
29.1.3.3 Reserved Name
CNNIC will initially reserve certain types of strings for registration by specific right holders only to protect the rights of the users. Please refer to Question 28 for detailed description.
Except for the names provided in preceding paragraphs, CNNIC and the registrars shall not reserve domain names or do so in disguised form. During the process of domain name registration, the registry and registrars shall not represent any actual or potential domain name holder.
29.1.3.4 Domain Name Dispute Resolution Policy
In order to ensure the fairness, convenience and promptness of a domain name dispute resolution procedure, the ʺ.公司ʺ domain name dispute policy are formulated in accordance with Uniform Domain Name Dispute Policy (UDRP), which is incorporated by reference and made a part of the registration agreement, and binding to the holders of the domain names.
However, the decision the decisions based on of the facts related to the dispute will be carried out by dispute resolution provider approved by ICANN. CNNIC and domain name registrars shall not participate in the domain name resolution proceedings in any capacity or manner other than providing the information relevant to the registration and use of the domain name upon the request of the Dispute Resolution Service Providers.
During the period of domain name dispute resolution and within 10 days upon the issuance of the determination, the domain name holder may not apply for transfer or registration information update of the domain name in dispute, except where the transferee agrees in writing to be bound by the determination on dispute resolution.
CNNIC provides in its agreement with registrars that each registrar shall handle the domain name in accordance with the result of the decision on the dispute: where the complainant wins, carry out the remedies which the complainant has chosen for dispute resolution including domain name suspension or further transfer if necessary; where the person against whom the complaint is filed wins, the status of the domain name shall be unlocked.
29.1.3.5 Policies on Complaints for Rights Infringement
29.1.3.5.1 Complaint Acceptance
CNNIC is responsible for the acceptance and investigation of complaints and make records of the complainantsʹ information. Assessment shall be conducted by anti-abuse complaint handling personnel pursuant to relevant measurement criteria(please refer to), and if necessary, a special investigation team shall be formed to conduct research, analysis and judgment. Feedback shall be provided for the complainants in time upon the completion of assessment.
29.1.3.5.2 Response to and Handling of Complaints
(1)Handling of complaints shall be made within 5 business days upon acceptance of complaint from each channel. Afterwards， the result of handling complaints will be forwarded, via telephone call or email, to the complainant, the person against whom the complaint is filed and other parties involved.
(2) Where CNNIC is found upon investigation of complaints to have committed violations of laws, or fail to effectively respond to complaint filed according to Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) or Registry Restriction Dispute Resolution Procedure (RRDRP), it shall be ordered to take remedies according to relevant provisions of ICANN .
(3)Where any registrar is found upon investigation of complaints to have committed violations of laws or Registry-Registrar Agreement terms, it shall be ordered to make corrections and make relevant compensations. In the case of severe breach of RRA without any correction upon notification, CNNIC is entitled to cancel the agreement and conduct further registrar transition afterwards.
(4) Where any registrant is found upon investigation of complaints to have committed violations of relevant regulations, the registrant shall be ordered to make corrections. In the case of such domain name abuse as phishing and dissemination of illegal information, the existence of which will continue to cause greater losses to the users，the domain name shall be suspend within 2 hours after verification of the misconduct.
(5) Where the complaint involves domain name dispute, the complainant shall be told to resort to domain name dispute resolution provider or the court based on Uniform Domain Name Dispute Resolution Policy (UDRP) or relevant judicial procedures, then the registrar will be asked to lock the domain to prevent transfer or update till the dispute being resolved. CNNIC will further notify the registrar to unlock domain name or make transfer based on the dispute resolution decision.
(6) Where any information provided by the complainant is found to be inaccurate or there is no evidence to prove domain name abuse, CNNIC will reject the complaint and give corresponding explanations, and the complainant may, if not satisfied, provide further evidence to file an appeal.
29.2 Rights Protection Measures
29.2.1 Sunrise Period Registration for Trademark Holders
CNNIC will, in the pre-launch phase of registration, provide Sunrise Period registration service to ensure full protection for the rights of the trademark holders. Prior to the top level domain general availability for registration, a 30-day pre-registration period is set only allowing trademark holders for domain name registrations.
Early applications for domains are recommended, as Sunrise applications will be processed and awarded by the registry on a first-come first-served basis. Registrant will be asked to provide additional information about their trademark. The Trademark Clearinghouse provider designated by ICANN will take charge of validating and authenticating trademark information with respect to each domain names registration in the sunrise period.
In addition, CNNIC will provide notice for all trademark holders in the Clearinghouse if someone else is seeking a sunrise registration. CNNIC will, upon designation of the Trademark Clearinghouse Service Provider by ICANN, immediately set up a database connection to obtain information required for the provision of sunrise registration services.
29.2.1.1 Schedule for Sunrise Period
The schedule for the Sunrise Period will be as follows:
At least 6 months prior to the proposed gTLD being opened to the general public, CNNIC, in coordination with the intellectual property community, will make a general public announcement with the estimated date that it will open the proposed gTLD to the general Internet community.
Although registrars and others may begin accepting pre-registrations long before the beginning of the Sunrise Period, CNNIC will not begin to collect and process Sunrise Period requests until at least thirty days after the announcement. Once it begins processing these requests, CNNIC will continue to do so for a period of 30 days.
29.2.1.2 Sunrise Eligibility Requirement
CNNIC will provide Sunrise service in accordance with the Sunrise eligibility requirement and incorporate a Sunrise Dispute Resolution Policy.
The detailed eligibility requirements include:
(1) Ownership of a word mark:
*nationally or regionally registered and for which proof of use was submitted to and validated by Trademark Clearing house; or
*that have been court validated; or
*that are specifically protected by a statute or treaty currently in effect and that was in effect before 26 June 2008.
(2)Representation that all provided information is true and correct
(3) Provision of data sufficient to document rights in this trademark, including the registration number and the country of registration for the mark as part of a Sunrise registration request.
(4)Other requirement in accordance with current and future China domain name registration regulation. (Please see 29.1.3.1 for reference)
29.2.1.3 Sunrise Dispute Resolution Policy
CNNIC allows challenges of sunrise registration based on the following four grounds:
(1)at the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or original effect) or the trademark had not been court validated or protected by statute or treaty;
(2)The domain name is not identical to the mark on which the registrant based its Sunrise registration;
(3) The registrant did not hold a trademark registration of national effect (or original effect) or the trademark had not been court validated or protected by statute or treaty;
(4)The trademark registration on which the registrant based its Sunrise registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announce the application received;
For registration contention of the same name between two legitimate trademark holders, the CNNIC will adopt a first-come-first-served method to address the contention during sunrise period. If any challenge is raised thereby, resolve domain name disputes in accordance with the Sunrise Dispute Resolution Policy (SDRP) under such principles and resort to relative dispute resolution provider or the court. CNNIC will process further domain name transfer or unlock based on the result of resolution.
29.2.2 Trademark Claims Service
CNNIC plans to provide Trademark Claims service in the initial launch period as the first 60 days that registration is open for general registration.
29.2.2.1 Trademark Claims Service Process
Specific service process is as follows:
(1)Upon the submission of any registration application by the registrant, CNNIC will search the database of the Clearinghouse during the domain name review stage;
(2)If the domain name for registration is found to be incomplete accord with any trademark in the database of the Clearinghouse designated by ICANN, CNNIC will provide the prospective registrant with a clear notice of the scope of the mark holderʹs rights in order to minimize the chilling effect of the registrant. It should be a specific statement by prospective registrant warrant that: (i) the prospective registrant has received notification that the mark(s) is included in the Clearinghouse, (ii) the prospective registrants has received and understood the notice, and (iii) to the best of the prospective registrantʹs knowledge, the registration and use o the requested domain will not infringe on the rights that are the subject of the notice.
(3)The Trademark Claims Notice should provide the prospective registrant access to the Clearinghouse Database information referenced in the Trademark Claim Notice to enable the registrants to understand more fully the trademark rights claimed by the trademark holder; specifically the trademark notice should be able to be provided in Chinese.
(4)If the prospective registrant asks for registration after receiving the notice, the registrar will, after the domain name registration is effectuated, notify in a timely manner the holder of the trademark.
29.2.2.2 Trademark Claims Service Eligibility Requirement
CNNIC will provide Trademark Claims Service in accordance with the Trademark Claims Service eligibility requirement.
(1) The registrant shall hold a trademark registration of valid national effect (or original effect) or the trademark had been court validated or protected by statute or treaty;
(2) The domain name shall be identical to the mark included in the trademark Clearinghouse database and for identical match the language of the word mark should be the same;
29.2.3 Domain Name Review and Verification Platform
In order to provide accurate information for the determination of the person responsible for an infringing, CNNIC has assigned experience members to implement domain name review and verification processes to concurrently prevent infringements.
29.2.3.1 Registrant Information Verification
CNNIC will cooperate with the registrars to verify whether the information submitted is authentic and accurate through verification of the registration application form and corresponding identity certificates, including personal photo ID, enterprise business license or other proof of identity, submitted by the applicant to the registrar, so as to ensure that relevant responsible person can be determined and handled in time once domain name infringement occurs. Domain name applications include information of the registration contact person which is unauthentic, inaccurate or incomplete will be rejected.
29.2.3.2 Name Reservation and Registration Process
CNNIC will verify identity of the registrants of the reserved strings to ensure that domain names are owned by legal right holders and eliminate illegal cybersquatting, specifically:
(1)CNNIC will initially reserve country and geographic names as described in question 22. Reserved country and geographical domain names shall be made available for registration to the extent that agreement is made by applicable government(s). CNNIC also proposes the release of these names which is subjected to the review of ICANNʹs Government Advisory Committee (GAC), and relevant government. The specific steps of which are as follows:
*The relevant government authority shall permit to release the domain name on the first hand;
*The registrant submits the application to a registrar accredited by CNNIC for registration of the domain name. The application material shall include: domain name registration application form with an organizational stamp, proof of establishment of the organizational registrant, proof of personal identification of the registration contact person and other documentations issued by relevant parties for release of reserved domain names.
*The registrar forwards the above material to CNNIC.
*After verification process, CNNIC will release the domain name to the database of the registrar. If the registration application doesnʹt get approved, CNNIC will notify the registrar about the reason of declination. The process of verification shall be finished within 3 days since CNNIC receives the application material.
(2)For names or abbreviations of the local government authorities or international inter-governmental organizations and other controversial names, CNNIC shall initially reserve those names upon the decision made by GAC and ICANN. After verification of the application material, CNNIC will release the domain name to the database of the registrar. If the registration application doesnʹt get approved, CNNIC will notify the registrar about the reason of declination. The process of verification shall be finished within 3 days since CNNIC receives the application material.
29.2.3.3 Rights and Interests Review Process
In accordance with the ʺChina Internet Domain Name Regulationsʺ , CNNIC will create a list of strings forbidden for registration, which will be used in the review process to check whether any domain name contains strings forbidden for registration. The registry will reject those applications so as to prevent the appearance of infringing domain names.
CNNIC will screen all registrations for ʺunusualʺ domain name registration practices, such as registering hundreds of domains at a time, registering domains which are unusually long or complex, include an obvious series of numbers tied to a random word (baddomain01, baddomain02, baddomain03).
CNNIC will also screen all registrations for patterns known to be associated with phishing (bank, secure, etc.)
CNNIC will reviewing all domain names proposed for registration against known sites that are often the subject of phishing type attacks, which will ensure ʺ.公司ʺ do not inadvertently aid in the provisioning of illegitimate content in online scams.
29.2.4 Domain Name Rights Infringement Handling
29.2.4.1 Cooperation with Unified Rapid Suspension System
CNNIC will fully respect the trademark infringement complaints submitted by the providers of the Unified Rapid Suspension (URS) system services and establish a response channel on a 24⁄7 basis, specifically:
(1)CNNIC will lock the domain name concerned upon the receipt of a notice of complaint from the URS provider, whereby the EPP status will be ʺTransfer Prohibitedʺ, and forbid all changes of the registered data, including transfer and deletion of the domain name, but the domain name shall continue to be resolved;
(2)CNNIC will immediately inform the URS provider of the domain name lock, and provide the same with detailed WHOIS information channel, so as to provide convenience for it to contact the registrant;
(3)Where the complainant wins, CNNIC will, upon receipt of the determination on URS, immediately suspend the domain name, whereby the domain name may not be resolved to the original website, the domain name server will be redirected to the information note page of URS, and information in the Whois on other domain names will continue to be that of the original registrants. In addition, the Whois shall reflect that the domain name will not be able to be transferred, deleted or modified for the life of the registration.
(4)Where the determination is in favor of the registrant, domain name parsing will be restored to the original domain name server.
29.2.4.2 Domain Name Disputes Resolution Procedure
CNNIC will mandate its registrar in RAA to provide assistance for taking measures for domain name disputes resolution as required by UDRP, specifically:
(1)If the complainant submits written complaint material to the registrar or the registry to prove that he⁄she is the holder of the domain name concerned, the registrar or the registry will provide the complaint with information on the designated dispute resolution provider for further resolution;
(2) the dispute resolution provider shall, upon receipt of complete complaint materials and confirmation of payment, send an acceptance notice to CNNIC and the registrar;
(3) upon receive notification of the dispute resolution provider, the registrar will lock the domain name to prohibit the person against which the complaint is filed from modifying the registered data and the transfer of the domain name, at the time of which the domain name may still can be resolved;
(4) the person against whom the complaint is filed shall submit within 20 calendar days authentic and accurate written material in response upon the notification of the dispute resolution provider, otherwise the adjudication authority will issue a judgment based on the evidence submitted by the complainant alone;
(5)the dispute resolution provider will appoint a panel to conduct hearing and ruling with respect to the disputed domain name, and the result of judgment shall be issued within 14 calendar days upon the provision of response by the party against which the complaint is filed;
(6) Where the adjudication authority supports the complaint, the registered domain name shall be cancelled or transferred to the complainant by the registrar; otherwise, the Complaint shall be rejected.
(7) If the Dispute Resolution Service Provider rules in its decision to cancel the registered domain name or to transfer it to the Complainant, the domain name Registrar, before enforcing the decision, shall wait 10 calendar days calculating from the date on which the decision is published. If during such waiting period the Respondent submits valid proof attesting that a competent judicial authority or arbitration institution has accepted the relevant dispute, the registrar shall not enforce the decision of the Dispute Resolution Service Provider.
*If any proof attests that the parties have reached a settlement by themselves, the Registrar shall enforce such settlement;
*If any proof attests that the party that instituted the judicial action or applied for arbitration has withdrawn the Complaint or the relevant action or Complaint has been rejected, the Registrar shall enforce the Dispute Resolution Service Providerʹs decision;
*If the judicial authority or arbitration institution has rendered a judgment or an award that has become legally effective, the Registrar shall enforce such judgment or award.
29.2.4.3 Rapid Suspension and Takedown Measures
The rapid suspension procedures are applicable to abusive behaviors regarding the use of domain names such as phishing or spreading of illegal contents, which may cause further losses to internet users. This procedure will most likely be the result of a complaint filed via APAC or 12321 Center. The specific enforcement procedures are as follows:
(1) Once an abuse compliant is received, the registrar will be requested to directly lock the domain to prevent further transfer and update, while a dedicated group is assigned to confirm the complaint manually within 1-3 working hours. After confirmation the registrar will be requested to suspend the domain name in the SRS system and the EPP status will be changed into ʺserverHoldʺ, so that the domain name will not be able to resolve or be transferred until it is ʺrestoredʺ. In case such registrar fails to give a reply on handling within one working day, CNNIC will take step to handle the complaint, which may include suspension of the domain name against which the complaint is filed. The domain name holder will be informed at the same time to make corrections. After the registrant has stopped the abusive behavior and made adequate correction, which need to be confirmed by CNNIC, the registrar will restore the domain name to the status before suspension.
(2) Once the complaint is determined to be tenable and no further appeal or correction confirmed by CNNIC within 60 calendar days, CNNIC will take down the domain name and delete the registration record, which means the domain name comes to general availability.
(3) The domain name holder and its registrar concerned will be informed three times as it has been locked of investigation, suspended, or deleted.
29.2.5 Complaints Handling Measures
CNNIC will handle complaints on domain name infringement by independently collecting complaints from users and supervising and handling infringing information in cooperation with communities.
29.2.5.1 CNNIC Complaint Channels
At present, comprehensive contact information for domain name abuse complaints and reports is published on the home page of CNNIC (www.cnnic.cn).
The complaint channels are open to receive all kinds of complaints on domain name abuse on a 24⁄7 basis, and CNNIC undertakes to give replies within 5 working days. The complainant shall describe the domain name against which the compliant is to be filed, evidence of abuse, results caused, and contact information, including telephone, email, and etc., for the purpose of receiving the result of complaint handling by and from CNNIC in time.
29.2.5.2 Community Interactive Complaint Channel
CNNIC will establish a sound information sharing mechanism with the registrars, the APAC and the International APWG, 12321 Center to fight against rights infringement.
CNNIC will, based on the information obtained through these channels for the determination of any rights infringement behavior related ʺ.公司ʺ domain names, notify relevant registrar in time for handling. In case such registrar fails to give a reply on handling within one working day, CNNIC will take step to handle the complaint, which may include suspension of the domain name against which the complaint is filed. CNNIC will further share the phishing data with Internet Explorer and Microsoft or other industry partners.
29.3 Resource Planning
29.3.1 Staffing
With proven capabilities for scaling its staff to meet the needs at peak level demands for complaint handling and customer service, CNNIC will benefit from its current staffʹs expertise to support the rights protection. Meanwhile, CNNIC also benefits from its unique position in close relation with the China Academy of Science in terms of talent recruiting. Many staff came directly from this top education institution in China with long term determination to contribute.
29.3.1.1 Initial Staffing
We expect that the above measures of rights protection for the new gTLD will be executed sharing the same staff with existing TLDs ʺ.cnʺ and ʺ.中国ʺ and prospective new gTLD ʺ.网络ʺ which CNNIC has applied for. In order to provide higher standard services of new gTLD with lower rate of rights infringement, other than its current staff, CNNIC will also recruit additional staff in the start-up period for the first 3 years operation for maintaining the functionality described above.
29.3.1.1.1 Management (Please refer to Q29_attachment_CV for the key members in this sector)
CNNIC assigns its Director of Business Operation responsible for ensuring high-quality domain name application review, customer support and complaint handling for registrars and end-users and for refining and developing additional policy in conjunction with ICANN. CNNIC expects this role to be critical during the Sunrise and Land Rush Period, during which time domain name registrations rises significantly.
CNNIC will also assign its experienced legal manager with one assistant to handle with any registry misconduct lawsuit, registry restriction dispute or any other Intellectual property dispute, and to serve as an ombudsman, assisting registrants and registrars in dispute resolutions related to ʺ.公司ʺ and respond to Registry Restriction Dispute according to Registry Restriction Dispute Resolution Procedure(RRDRP).
29.3.1.1.2 Customer Support Staff
CNNIC has set up a Customer Support Center providing 7×24 hoursʹ service to handle inquires and complaints from registrants. Upon ICANNʹs delegation of ʺ.公司ʺ and ʺ.网络ʺ, volume of end-userʹs inquiries and complaints are expected to rise accordingly and more staff members will be hired to enhance the service capacities. Based on the original staffing basis with 31 employees, 5 additional employees will be recruited to support the new operation. The staff members are divided into the 3 subgroups:
*Registrant Service group providing telephone inquiries and complaints handling services;
*Registrant Caring group responsible for registrant visiting and renewal reminding;
*Service Supporting group performing back-office support and performance supervision for the customer support staff.
29.3.1.1.3 Review and Monitoring Staff
CNNIC currently has 20 members to review of domain names applications and monitor the Whois accuracy. As all required staff members are expected to be on duty starting from the start-up period, additional recruitment must meet the needs of the peak registration season. 1 more staff responsible for supervision of review work and monitoring of registration status should be hired to support the new gTLD which means a team with 21 persons will take charge of this functionality.
29.3.1.1.4 Outreach Cooperation Liaison Team
CNNIC has already established long term cooperation mechanism to cooperate with the Anti-phishing Alliance of China, the International Anti-phishing Working Group and the 12321 Network Negative Information Complaint Center. 2 members have been assigned as regular contacts for the above functions, and they will also further take charge of liaison with Trademark Clearing House and Uniform Rapid Suspension System Provider as well as other assigned body designated by ICANN. Therefore, we see no needs for further staffing expansion.
29.3.1.2 Staffing on Ongoing Basis
CNNIC has been structured to operate with an initial human capital investment to staff and manage the infrastructure required for sustaining the rights protection during the first 3 years of operations. The current staffing model also allows for back-up staffing, which provides a better overall understanding of our systems security. CNNIC foresees little expansion required for domain name abuse prevention and mitigation. However, CNNIC will expand its staff if necessary on ongoing basis. Staffing allocations may also need to be adjusted as demand for our services increases. Adjustments could include overall staff size or refinements to required technical skills. Cross-training will be used in all positions to promote job interest. Specific factors which could affect staffing levels include:
(1)Higher than anticipated domain name registration or transfer request;
(2)Higher than anticipated complaint volume;
(3)Higher than anticipated domain name dispute;
(4)Increase in the complexity of our services;
Additional staff requirements will be met through a rigorous recruitment process following the requirement of employment. To meet registration demand and the cumulative growth of new registrars, CNNIC may hire an additional 5 staff personnel for the functionalities described above in the fourth and fifth years of ʺ.公司ʺ operations, as necessary.
29.3.1.3 Requirements for Employee
CNNIC is structured to meet the needs of its customers: ICANN registrars, registrants and the Internet community at large which will address the overall needs of ICANN. CNNIC staff will meet or exceed the stated requirements in skills, competence, and experience. The staff will be augmented during the initial 3 years and thereafter, as necessary, by subject-matter experts. For details of our requirements for employee for rights protection, please refer to Question 28.
29.3.2 Equipment Planning
29.3.2.1 Major Systems
CNNIC has provided software and hardware for the domain name application review, customer self-service, customer support and abuse monitoring, including the following:
29.3.2.1.1 Electronic registrant review system
This system will collect the application information transmitted to CNNIC by registrars and display the information in a user friendly format for CNNIC staff to review the application. Once the review process has finished the system has also connect with shared registration system for further process of domain name registration status.
29.3.2.1.2 Customer Self-Service System
CNNIC will set up a multiple language system customer self-service system on our official website. This webpage will contain the following functions:
*Web-based searchable Whois.
* Registrar information and contact;
* ʺ.公司ʺ Registration Policy Tutorial;
* Complaint and dispute challenge filing tutorial;
* Web-based complaint channel
*ʺ.公司ʺ related Frequent asked questions(FAQs)
29.3.2.1.3 Customer Support System
CNNIC has provided an interface on its website that allows a user to determine the appropriate customer support contact information based on the domain name. Access to our customer support will be through telephone, email and web based interface. CNNIC has integrated Consumer Relationship Management (CRM), accounts, trouble ticketing, document tracking, into its customer support system infrastructure. Computer telephony integration (CTI) and databases is also used to retain a reliable record of registry performance.
29.3.2.1.4 Systematical Interface with Trademark Clearing House and Uniform Rapid Suspension System
As ICANN has yet confirmed the implementation model of Trademark Clearing House and Uniform Rapid Suspension System Completely, we are currently expecting to establish interface with those provider upon ICANNʹs designation. We will integrate further extension in our current infrastructure to communicate with those service providers and establish independent database to restore the data they transit to us.
29.3.2.2 Work Space and Administrative Resources
CNNICʹs current work site is currently equipped to accommodate all required personnel listed above. Every staff has been equipped with at least one desktop computer. All software required for working are pre-installed in their computers. The internet connection and telephone connection is also provided to every working staff by our office assistance team.
The current infrastructure will be sustainable for the projected 3 years of initial operation of ʺ.公司ʺ. CNNIC will undertake to update the software and hardware in time for ongoing basis, if necessary.
29.3.3 Funding
CNNIC is planning to invest enough funding to ensure the implementation of the policies and measures on rights protection. The funding will support our customer service and technical security maintenance and other administrative function such as website design and equipment update. Please see question 47 for detailed amount of funding for each section.
| gTLD | Full Legal Name | E-mail suffix | Detail | | .信息 | Beijing Tele-info Network Technology Co., Ltd. | tele-info.cn | View |
For the purpose of protecting the rights and interests of internet users and registrants to the greatest extent possible, Beijing Tele-info Ltd. Network Technology Co., Ltd. (Tele-info Ltd.) has formulated series of policies on domain name reservation, registration eligibility restriction, domain name dispute resolution, rights infringement complaints infringement handling.
Tele-info Ltd. has also plans to collaborate with China Internet Network Information Center (CNNIC) to provide registrants and end-users with 4 rights protection instruments including a sunrise period, trademark claim services, registration review and verification and a uniform domain name dispute handling mechanism to safeguard the intellectual property rights and other rights. Tele-info Ltd. along with CNNIC have made plans in terms of manpower, equipment and fund allocation for the implementation on both startup and ongoing basis.
Tele-info Ltd. will also encourage the community to bring to its attention other reasonable safeguards, if any, that may be appropriate to employ in this area. Additionally, Tele-info Ltd. will adopt any policies promulgated by ICANN with respect to rights protection.
29.1 Rights Protection Policies
As described in Question 28, Tele-info Ltd. will employ a variety of methods to minimize the potential for abusive registrations to prevent rights infringement. This section will describe in detail of how these measure will protect the rights of registrants and end-users with a special focus on the protection of trademark rights. With its full endeavor, Tele-info Ltd. is planning to promote the adoption of “.信息” without harming others legitimate trademarks. In case any violation of legal rights and interests are caused by registering or using “.信息” domain name, the domain name registrant shall take the responsibility.
29.1.1 Scope of Rights for Protection
Based on the Rights Protection Mechanism (RPM) Proposal made by ICANN GNSO and in view of the interests of the “.信息” community, policies on the “.信息” top level domain name are formulated mainly for the protection of two categories of rights that may be involved in domain name registration and the scope thereof, specifically:
29.1.1.1 Intellectual Property Rights
Tele-info Ltd. will comply with all international trademark and cybersquatting laws that apply to the operation of a domain name registry. To highlight the importance of adhering to these laws, in addition, the Registry Registrar Agreement will require each registrar to adhere to all applicable laws and regulations relating to trademarks and cybersquatting. If a registrar fails to comply with such laws and regulations, then Tele-info Ltd. will reject all registration applications from the registrar, and if such non-compliance persists, then Tele-info Ltd. will terminate the RRA.
To protect intellectual property rights involved domain names, Tele-info Ltd. has also stipulated in contractual conditions to restrict the registration and use of the second or the third domain of “.信息” in the following circumstance:
(1) The domain name is identical with or confusingly similar to the name or mark in which other one has civil rights or interests, and
(2) The domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name, and
(3) The domain name holder has registered or has been using the domain name in bad faith.
Note:
a. Any of the following circumstances may be the evidence of the registration and use of a domain name in bad faith:
*The purpose for registering or acquiring the domain name is to sell, rent or otherwise transfer the domain name registration to the party who is the owner of the name or mark or to a competitor of that trademark owner, and to obtain unjustified benefits;
* The disputed domain name holder, on many occasions, registers domain names in order to prevent owners of the names or marks from reflecting the names or the marks in corresponding domain names;
* The disputed domain name holder has registered or acquired the domain name for the purpose of damaging the Complainantʹs reputation, disrupting the trademark holder’s normal business or creating confusion with the trademark holder’s name or mark so as to mislead the public;
* Other circumstances which may prove the bad faith.
b. The person against whom the complaint is filed in any of the following circumstances before his⁄her receipt of the complaint delivered by the dispute resolution provider shall be deemed to enjoy legitimate rights and interests in the domain name:
*has used the domain name or any name corresponding thereto during the provision of commodities or services;
*has not obtained the trademark, but the domain name he⁄she holds has been in existence for over two years and obtained a certain degree of reputation;
*has been using the domain name reasonably or legitimately and non-commercially without the intention to mislead the consumers for commercial profits.
29.1.1.2 Other Rights
Except for the articles provided in preceding paragraphs, in order to maintain the interests of the nation and the civil society, Tele-info Ltd. will take necessary measures to protect certain words in the following circumstances:
(1)Country geographic names shall not be registered by any parties without obtaining consent or non-objection of the local authorities which the geographical name points;
(2)The names of products and services subject to relevant provisions of the State on obtaining license shall not be registered by individuals or enterprises without the license;
(3)The names of well-recognized government and international organizations shall not be used by any organizations and individuals other than those to which such names point;
(4)Domain names shall not disseminate contents that violate public order and good morals, such as pornography, violence and terrorism
(5) Open access to registrant information shall be maintained to the extent compatible with applicable privacy laws and the Tele-info Ltd. policy of treating all registrants equitably.
29.1.2 Implementation Plan for different categories of rights infringement
Please refer to table 1 in attachment Q29_Attachment_Table.
29.1.3 Rights Protection Policies
29.1.3.1 Policies on Domain Name Registration Eligibility
Once the application submitted via registrar, Tele-info Ltd. has retained each registrar to conduct authentication of registrants identity (please refer to Question 28 for details) and registration eligibility check. If a registered domain name involves any of the following requirements, the original domain name registrar shall delete it and notify the domain name holder in written form:
(1) In case the domain name holder or his⁄her deputy applies for the cancellation of the domain name registration;
(2) In case the registration information submitted by the domain name holder is unauthentic, inaccurate or incomplete;
(3) In case the domain name holder fails to pay the corresponding fees in accordance with the provisions;
(4) In case the domain name shall be written off in accordance with the judgment by the peopleʹs court, arbitration institution or the domain name dispute resolution institution;
(5) In case the domain name is in violation of the provisions and the relevant laws and regulations.
29.1.3.2 Prohibited Strings
In addition, according to “China Internet Domain Name Regulations” (please refer to http:⁄⁄www1.cnnic.cn⁄html⁄Dir⁄2005⁄03⁄24⁄2861.htm). Tele-info Ltd. does not allow the registration and use of domain names for malicious purpose. Please refer to Question 28 for detailed description.
29.1.3.3 Reserved Names
Tele-info Ltd. will initially reserve strings in the following circumstances for registration by specific right holders only to protect the rights of the users. Please refer to Question 28 for detailed description.
Except for the names provided in preceding paragraphs, Tele-info Ltd. and the registrars shall not reserve domain names or do so in disguised form. During the process of domain name registration, the registry and registrars shall not represent any actual or potential domain name holder.
29.1.3.4 Rules for Domain Name Dispute Resolution
In order to ensure the fairness, convenience and promptness of a domain name dispute resolution procedure, the “.信息” domain name dispute policy are formulated in accordance with Uniform Domain Name Dispute Policy (UDRP), which is incorporated by reference and made a part of the registration agreement, and binding to the holders of the domain names. The decision the decisions based on of the facts related to the dispute will be carried out by dispute resolution provider approved by ICANN. Tele-info Ltd. and domain name registrars shall not participate in the domain name resolution proceedings in any capacity or manner other than providing the information relevant to the registration and use of the domain name upon the request of the Dispute Resolution Service Providers.
During the period of domain name dispute resolution and within 10 days upon the issuance of the determination, the domain name holder may not apply for transfer or registration information update of the domain name in dispute, except where the transferee agrees in writing to be bound by the determination on dispute resolution.
Tele-info Ltd. provides in its agreement with registrars that each registrar shall handle the domain name in accordance with the result of the decision on the dispute: where the complainant wins, carry out the remedies which the complainant has chosen for dispute resolution including domain name suspension or further transfer if necessary; where the person against whom the complaint is filed wins, the status of the domain name shall be unlocked.
29.1.3.5 Policies on Complaints for Rights Infringement
29.1.3.5.1 Complaint Acceptance
Tele-info Ltd. will retain CNNIC to take the responsibility for the acceptance and investigation of complaints and make records of the complainants’ information on 7*24 hours basis. Assessment shall be conducted by anti-abuse complaint handling personnel pursuant to relevant measurement criteria (please refer to attached document for detail criteria), and if necessary, a special investigation team shall be formed to conduct research, analysis and judgment. Feedback shall be provided for the complainants in time upon the completion of assessment.
29.1.3.5.2 Response to and Handling of Complaints
(1) Handling of complaints shall be made within 5 business days upon acceptance of complaint from each channel. Afterwards the result of handling complaints will be forwarded, via telephone call or email, to the complainant, the person against whom the complaint is filed and other parties involved.
(2) Where the registry back end operator CNNIC is found upon investigation of complaints to have committed violations of laws, or fail to effectively respond to complaint filed according to Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) or Registry Restriction Dispute Resolution Procedure (RRDRP), it shall be ordered to take remedies relevant provisions and pay penalty accordingly. In the case of severe breach of Registry agreement without any correction upon notification, Tele-info Ltd. is entitled to cancel the agreement and conduct further registry transition afterwards.
(3) Where any registrar or the registry back-end operator is found upon investigation of complaints to have committed violations of laws or agreement terms, it shall be ordered to make corrections and make relevant compensations. In the case of severe breach of RRA without any correction upon notification, Tele-info Ltd. is entitled to cancel the agreement and conduct further registry or registrar transition afterwards.
(4) Where any registrant is found upon investigation of complaints to have committed violations of relevant regulations, the registrant shall be ordered to make corrections. In the case of such domain name abuse as phishing and dissemination of illegal information, the existence of which will continue to cause greater losses to the users, the domain name shall be suspend within 2 hours after verification of the misconduct.
(5) Where the complaint involves domain name dispute, the complainant shall be told to resort to domain name dispute resolution provider or the court based on Uniform Domain Name Dispute Resolution Policy (UDRP) or relevant judicial procedures, then the registrar will be asked to lock the domain to prevent transfer or update till the dispute being resolved. Tele-info Ltd. will further notify the registrar to unlock domain name or make transfer based on the dispute resolution decision.
(6) Where any information provided by the complainant is found to be inaccurate or there is no evidence to prove domain name abuse, Tele-info Ltd. will reject the complaint and give corresponding explanations, and the complainant may, if not satisfied, provide further evidence to file an appeal.
29.2 Rights Protection Measures
29.2.1 Sunrise Period Registration for Trademark Holders
Tele-info Ltd. will, in the initial phase of launching registration, provide Sunrise Period registration service to ensure full protection for the rights of the trademark holders. Prior to the top level domain general availability for registration, a 30-day pre-registration period is set only allowing for domain name registration by trademark holders.
Early applications for domains are recommended, as Sunrise applications will be processed and awarded by the registry on a first-come first-served basis. Registrant will be asked to provide additional information about their trademark. The Trademark Clearinghouse provider designated by ICANN will take charge of validate and authenticate trademark information with respect to each domain names registration in the sunrise period.
In addition, Tele-info Ltd. will provide notice for all trademark holders in the Clearinghouse if someone is seeking a sunrise registration. This notice will be provided to holders of marks in the Clearinghouse that are an identical match to the name to be registered during Sunrise.
Tele-info Ltd. will, upon designation of the Trademark Clearinghouse Service Provider by ICANN, immediately set up a database connection to obtain information required for the provision of sunrise registration services.
29.2.1.1 Schedule for Sunrise Period
The schedule for the Sunrise Period will be as follows:
At least 6 months prior to the proposed gTLD being opened to the general public, Tele-info Ltd., in coordination with the intellectual property community, will make a general public announcement with the estimated date that it will open the proposed gTLD to the general Internet community.
Although it is likely that registrars and others will begin accepting pre-registrations long before the beginning of the Sunrise Period, Tele-info Ltd. will not begin to collect and process Sunrise Period requests until at least thirty days after the announcement. Once it begins processing these requests, Tele-info Ltd. will continue to do so for a period of 30 days.
29.2.1.2 Sunrise Eligibility Requirement
Tele-info Ltd. will provide Sunrise service in accordance with the Sunrise eligibility requirement and incorporate a Sunrise Dispute Resolution Policy.
The detailed eligibility requirements include:
(1) Ownership of a word mark:
*nationally or regionally registered and for which proof of use was submitted to and validated by Trademark Clearing house; or
*that have been court validated; or
*that are specifically protected by a statute or treaty currently in effect and that was in effect before 26 June 2008.
(2) Representation that all provided information is true and correct
(3) Provision of data sufficient to document rights in this trademark, including the registration number and the country of registration for the mark as part of a Sunrise registration request.
(4)Other requirement in accordance with current and future China domain name registration regulation. (Please see 29.1.3.1 for reference)
29.2.1.3 Sunrise Dispute Resolution Policy
Tele-info Ltd. allows challenges of sunrise registration based on the following four grounds:
(1)At the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or original effect) or the trademark had not been court validated or protected by statute or treaty;
(2)The domain name is not identical to the mark on which the registrant based its Sunrise registration;
(3)The registrant did not hold a trademark registration of national effect (or original effect) or the trademark had not been court validated or protected by statute or treaty;
(4)The trademark registration on which the registrant based its Sunrise registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announce the application received;
For registration contention of the same name between two legitimate trademark holders, the Tele-info Ltd. will adopt a first-come-first-served method to address the contention during sunrise period. If any challenge is raised thereby, resolve domain name disputes in accordance with the Sunrise Dispute Resolution Policy (SDRP) under such principles and resort to relative dispute resolution provider or the court. Tele-info Ltd. will process further domain name transfer or unlock based on the result of resolution.
29.2.2 Trademark Claims Service
Tele-info Ltd. plans to provide Trademark Claims service in the initial launch period as the first 60 days that registration is open for general registration.
29.2.2.1 Trademark Claims Service Process
Specific service process is as follows:
(1) Upon the submission of any registration application by the registrant, Tele-info Ltd. will search the database of the Clearinghouse during the domain name review stage;
(2) If the domain name for registration is found to be in complete accord with any trademark in the database of the Clearinghouse designated by ICANN, Tele-info Ltd. will provide the prospective registrant with a clear notice of the scope of the mark holder’s rights in order to minimize the chilling effect of the registrant. It should be a specific statement by prospective registrant warrant that: (i) the prospective registrant has received notification that the mark(s) is included in the Clearinghouse, (ii) the prospective registrants has received and understood the notice, and (iii) to the best of the prospective registrant’s knowledge, the registration and use o the requested domain will not infringe on the rights that are the subject of the notice.
(3) The Trademark Claims Notice should provide the prospective registrant access to the Clearinghouse Database information referenced in the Trademark Claim Notice to enable the registrants to understand more fully the trademark rights claimed by the trademark holder; specifically the trademark notice should be able to be provided in Chinese.
(4) If the prospective registrant asks for registration after receiving the notice, the registrar will, after the domain name registration is effectuated, notify in a timely manner the holder of the trademark.
29.2.2.2 Trademark Claims Service Eligibility Requirement
Tele-info Ltd. will provide Trademark Claims Service in accordance with the Trademark Claims Service eligibility requirement.
(1) The registrant shall hold a trademark registration of valid national effect (or original effect) or the trademark had been court validated or protected by statute or treaty;
(2) The domain name shall be identical to the mark included in the trademark Clearinghouse database and for identical match the language of the word mark should be the same.
29.2.3 Domain Name Registration Review platform
In order to provide accurate information for the determination of the person responsible for an infringing, Tele-info Ltd. has also retained CNNIC to allocate experience personnel to implement domain name registration review to concurrently prevent infringements.
29.2.3.1 Registrant Information Verification
Tele-info Ltd. will cooperate with the registrars to verify whether any domain name applicant is with legitimate capacity for civil conduct and the information submitted thereby is authentic and accurate through verification of the registration application form and corresponding identity certificates, including personal photo ID, enterprise business license or other proof of identity, submitted by the applicant to the registrar, so as to ensure that relevant responsible person can be determined and handled in time once domain name infringement occurs. Domain name applications include information of the registration contact person which is unauthentic, inaccurate or incomplete will be rejected
29.2.3.2 Rights and Interests Review Process
In accordance with the “China Internet Domain Name Regulations” , Tele-info Ltd. has cooperate with CNNIC to create a list of strings forbidden for registration, which will be used in the review process to check whether any domain name contains strings forbidden for registration. The registry will reject those applications so as to prevent the appearance of infringing domain names.
CNNIC will screen all registrations for “unusual” domain name registration practices, such as registering hundreds of domains at a time, registering domains which are unusually long or complex, include an obvious series of numbers tied to a random word (baddomain01, baddomain02, baddomain03).
CNNIC will also screen all registrations for patterns known to be associated with phishing (bank, secure, etc.)
CNNIC will reviewing all domain names proposed for registration against known sites that are often the subject of phishing type attacks, which will ensure “.信息” do not inadvertently aid in the provisioning of illegitimate content in online scams.
29.2.3.3 Name Reservation and Registration Process
Tele-info Ltd. will ensure that the reserved domain names, once released for registration, are released the right holders and eliminate illegal cybersquatting. Please refer to Question 28 for detailed description.
29.2.4 Domain Name Infringement Handling
29.2.4.1 Unified Rapid Suspension System (URS)
Tele-info Ltd. will fully respect the trademark infringement complaints submitted by the providers of the URS system services and establish a response channel on a 24*7 basis, specifically:
(1)Firstly, lock the domain name concerned upon the receipt of a notice of complaint from the URS provider, whereby the EPP status will be “Transfer Prohibited”, and forbid all changes of the registered data, including transfer and deletion of the domain name, but the domain name shall continue to be resolved;
(2)Tele-info Ltd. will immediately inform the URS provider of the domain name lock, and provide the same with detailed WHOIS information channel, so as to provide convenience for it to contact the registrant;
(3)Where the complainant wins, Tele-info Ltd. will, upon receipt of the determination on URS, immediately suspend the domain name, whereby the domain name may not be resolved to the original website, the domain name server will be redirected to the information note page of URS, and information in the WHOIS on other domain names will continue to be that of the original registrants. In addition, the Whois shall reflect that the domain name will not be able to be transferred, deleted or modified for the life of the registration.
(4)Where the determination is in favor of the registrant, domain name parsing will be restored to the original domain name server.
29.2.4.2 Domain Name Disputes Resolution Measures
Tele-info Ltd. will mandate its registrar in RAA to provide assistance for taking measures for domain name disputes resolution as required by UDRP, specifically:
(1) If the complainant submits written complaint material to the registrar or the registry to prove that he⁄she is the holder of the domain name concerned, the registrar or the registry will provide the complaint with information on the designated dispute resolution provider for further resolution;
(2) The dispute resolution provider shall, upon receipt of complete complaint materials and confirmation of payment, send an acceptance notice to Tele-info Ltd. and the registrar;
(3) Upon receive notification of the dispute resolution provider, the registrar will lock the domain name to prohibit the person against which the complaint is filed from modifying the registered data and the transfer of the domain name, at the time of which the domain name may still can be resolved;
(4) The person against whom the complaint is filed shall submit within 20 calendar days authentic and accurate written material in response upon the notification of the dispute resolution provider, otherwise the adjudication authority will issue a judgment based on the evidence submitted by the complainant alone;
(5) The dispute resolution provider will appoint a panel to conduct hearing and ruling with respect to the disputed domain name, and the result of judgment shall be issued within 14 calendar days upon the provision of response by the party against which the complaint is filed;
(6) Where the Panel supports the Complaint, the registered domain name shall be cancelled or transferred to the Complainant by the registrar; otherwise, the Complaint shall be rejected.
(7) If the Dispute Resolution Service Provider rules in its decision to cancel the registered domain name or to transfer it to the Complainant, the domain name Registrar, before enforcing the decision, shall wait 10 calendar days calculating from the date on which the decision is published. If during such waiting period the Respondent submits valid proof attesting that a competent judicial authority or arbitration institution has accepted the relevant dispute, the registrar shall not enforce the decision of the Dispute Resolution Service Provider.
*If any proof attests that the parties have reached a settlement by themselves, the Registrar shall enforce such settlement;
*If any proof attests that the party that instituted the judicial action or applied for arbitration has withdrawn the Complaint or the relevant action or Complaint has been rejected, the Registrar shall enforce the Dispute Resolution Service Providerʹs decision;
*If the judicial authority or arbitration institution has rendered a judgment or an award that has become legally effective, the Registrar shall enforce such judgment or award.
29.2.4.3 Rapid Takedown Measures
The rapid suspension procedures are applicable to abusive behaviors regarding the use of domain names such as phishing or spreading of illegal contents, which may cause further losses to internet users. This procedure will most likely be the result of a complaint filed via APAC or 12321 Center. The specific enforcement procedures are as follows:
(1) Once an abuse compliant is received, the registrar will be requested to directly lock the domain to prevent further transfer and update, while a dedicated group is assigned to confirm the complaint manually within 1-3 working hours. After confirmation the registrar will be requested to suspend the domain name in the SRS system and the EPP status will be changed into “serverHold”, so that the domain name will not be able to resolve or be transferred until it is “restored”. In case such registrar fails to give a reply on handling within one working day, CNNIC will take step to handle the complaint, which may include suspension of the domain name against which the complaint is filed. The domain name holder will be informed at the same time to make corrections. After the registrant has stopped the abusive behavior and made adequate correction, which need to be confirmed by Tele-info Ltd., the registrar will restore the domain name to the status before suspension.
(2) Once the complaint is determined to be tenable and no further appeal or correction confirmed by Tele-info Ltd. within 60 days, Tele-info Ltd. will take down the domain name and delete the registration record, which means the domain name comes to general availability.
(3) The domain name holder and its registrar concerned will be informed three times as it has been locked of investigation, suspended, or deleted ;
29.2.5 Complaints Filing
Tele-info Ltd. has signed agreement with CNNIC for providing a channel of handling complaints on domain name infringement by collecting complaints from users and in cooperation with industrial communities.
29.2.5.1 Tele-info Ltd. Complaint Channels
At present, unified contact information for domain name abuse complaints and reports is published on the home page of Tele-info Ltd. (www.Tele-info Ltd..cn, www.泰尔英福.cn, or www.泰尔英福.中国 ). The complaint channels established with the assistance of CNNIC are open to receive all kinds of complaints on domain name abuse on a 7*24h basis, and Tele-info Ltd. undertakes to give reply thereto within 5 working days. The complainant shall describe the domain name against which the compliant is to be filed, evidence of abuse, results caused, and contact information, including telephone, email, and etc., for the purpose of receiving the result of complaint handling by and from Tele-info Ltd. in time.
29.2.5.2 Community Interactive Complaint Channel
Currently, Tele-info Ltd. has retained CNNIC to establish a sound information sharing mechanism with the registrars, the Anti-phishing Alliance of China and the International Anti-phishing Working Group, 12321 Center to fight against rights infringement.
CNNIC will, based on the information obtained through these channels for the determination of any rights infringement behavior related “.信息” domain names, notify relevant registrar in time for handling. In case such registrar fails to give a reply on handling within one working day, CNNIC will take step to handle the complaint, which may include suspension of the domain name against which the complaint is filed. Tele-info Ltd. will further share the phishing data with Internet Explorer and Microsoft or other industry partners.
29.3 Resource Planning
The resource planning model for rights protection in “.信息” domain will be a combination of efforts form both Tele-info Ltd. and CNNIC. As of the date of the application, Tele-info Ltd. will consist of its Board of Managers, with several additional executive to supervise the operation of CNNIC as the registry back-end operator.
Meanwhile, Tele-info Ltd. will benefit from the CNNIC’s established application review, customer service and complaint handling platform for operating ccTLDs including “.CN” and “.中国” with proven capability. Based on the existing platform, CNNIC will also expand its current resource devotion for satisfying the additional needs coming from the service of new gTLDs, enabling Tele-info Ltd. to set a target date to begin offering its services by the end of 2013. It is estimated that CNNIC’s expanded platform will perform adequate capabilities for scaling their staff to meet the needs at peak level demands, and Tele-info Ltd. will benefit from the transfer of knowledge from CNNIC to successfully build “.信息” as demand levels require.
29.3.1 Staffing
29.3.1.1 Initial Staffing
In order to provide higher standard services of new gTLD with lower rate of domain name abuse, Tele-info Ltd. is expected to have 3 persons to operate on the registry level for domain name abuse solution.
Meanwhile, CNNIC will, based on its agreement with Tele-info Ltd., utilize its current platform of application review, customer service center, and domain name abuse monitoring and handling platform to simultaneously serving “.信息”. In order to maintain adequate service standard of “.信息”, other than its current staff, CNNIC will also recruit additional staff in the start-up period for the first 3 years operation for maintaining the functionality.
29.3.1.1.1 Managerial Level
Tele-info Ltd. will retain an operation executive responsible for supervise the back-end registry provider for ensuring high-quality technology support and billing customer support for registrars. Tele-info Ltd. expects this role, performing by a technology supervisor, to be critical during the Sunrise and Land Rush Period, during which time domain name registrations rises significantly. This person will guarantee the neutrality of service among all the TLD’s under CNNIC’s management. By assign this executive, who will keep checking the overall service performance of “.信息” by means of registrar survey and periodical record check, the back end-registry’s performance will be guaranteed.
Tele-info Ltd. will retain another operation executive responsible for ensuring high-quality service in application review, registrants and end-user customer services as well as the complaint monitoring and handling. This staff will supervise the customer service level and the establishment of communication channel for end-users provided by the registry back-end operator. By assign this executive, who will keep checking the overall service performance of “.信息” by means of registrants satisfaction survey and periodical record check, the customer service level will be maintained with high quality.
Tele-info Ltd. will also retain its experienced legal manager to handle with any registry misconduct lawsuit and Intellectual property dispute according to PDDRP and RRDRP, and to serve as an ombudsman, assisting registrants and registrars in dispute resolutions related to “.信息”. This person will also take responsibility to establish and maintain a long term cooperation mechanism to cooperate with the Anti-phishing Alliance of China, the International Anti-phishing Working Group, the 12321 Network Negative Information Complaint Center, Trademark Clearing House Provider, Uniform Rapid Suspension System Provider as well as other assigned body designated by ICANN.
29.3.1.1.2 Customer Support Staff
CNNIC has set up a Customer Support Center providing 7×24 hours’ service to handle inquires and complaints from registrants of “.信息”. Upon ICANN’s delegation of new gTLDs, volume of end-user’s inquiries and complaints are expected to rise accordingly and more staff members will be hired to enhance the service capacities. Based on the original staffing basis with 31 employees, 5 additional employees will be recruited to support the new operation. The staff members are divided into the 3 subgroups. Please refer to Question 28 for detailed description.
29.3.1.1.3 Review and Monitoring Staff
CNNIC currently has 20 members to review of domain names applications and monitor the Whois accuracy and the potential rights infringement. As all required staff members are expected to be on duty starting from the start-up period, additional recruitment must meet the needs of the peak registration season. 1 more staff responsible for supervision of review work and monitoring of registration status should be hired to supporting the new gTLD which means a team with 21 persons will take charge of this functionality.
29.3.1.2 Staffing on Ongoing Basis
The managerial staff provided by Tele-info Ltd. is expected to be sustainable during the first three years and on-going basis. CNNIC, on the other hand, has also been structured to operate with an initial human capital investment to staff and manage the infrastructure required for sustaining the domain name abuse policies during the first 3 years of operations. The current staffing model also allows for back-up staffing, which provides a better overall understanding of the systems security. Therefore, Tele-info Ltd. foresees little expansion required for domain name abuse prevention and mitigation. However, Tele-info Ltd. itself and CNNIC will expand its staff if necessary on ongoing basis. Staffing allocations may also need to be adjusted as demand for our services increases. Adjustments could include overall staff size or refinements to required technical skills. Cross-training will be used in all positions to promote job interest. Specific factors which could affect staffing levels include:
(1)Increase in the number of registrars;
(2)Higher than anticipated domain name registration or transfer request;
(3)Higher than anticipated complaint volume;
(4)Higher than anticipated domain name dispute;
(5)Increase in the complexity of our services;
Additional staff requirements will be met through a rigorous recruitment process following the requirement of employment. To meet registration demand and the cumulative growth of new registrars, Tele-info Ltd. may hire 3 additional people and CNNIC may hire an additional 5 staff for the functionalities described above in the fourth and fifth years of “.信息” operations, as necessary.
28.3.1.3 Requirement of Employee
Tele-info Ltd. is structured to meet the needs of its customers: ICANN registrars, registrants and the Internet community at large which will address the overall needs of ICANN. Tele-info Ltd. and CNNIC staff will meet or exceed the stated requirements in skills, competence, and experience. The staff will be augmented during the initial 3 years and thereafter, as necessary, by subject-matter experts. For our requirement for employee, please refer to Question 28.
29.3.2 Equipment Planning
29.3.2.1 Major Systems
CNNIC will provide Tele-info Ltd. with the software and hardware required for the domain name application review, customer self-service, customer support and abuse monitoring, including the following:
29.3.2.1.1 Electronic registrant review system;
Please refer to Question 28 for detailed description.
29.3.2.1.2 Customer Self-Service System
Please refer to Question 28 for detailed description.
29.3.2.1.3 Customer Support System
Please refer to Question 28 for detailed description.
29.3.2.1.4 Systematical Interface with Trademark Clearing House and Uniform Rapid Suspension System;
As ICANN has yet confirmed the implementation model of Trademark Clearing House and Uniform Rapid Suspension System Completely, we are currently expecting to establish interface with those provider upon ICANN’s designation. We will integrate further extension in our current infrastructure to communicate with those service providers and establish independent database to restore the data they transit to us.
29.3.2.2 Work Space and Administrative Resources
Tele-info Ltd. and CNNIC’s current work site is currently equipped to accommodate all required personnel listed above. Every staff has been equipped with at least one desktop computer. All software required for working are pre-installed in their computers. The internet connection and telephone connection is also provided to every working staff by our office assistance team.
The current infrastructure will be sustainable for the projected 3 years of initial operation of “.信息”. CNNIC will undertake to update the software and hardware in time for ongoing basis, if necessary.
29.3.3 Funding
Tele-info Ltd. is planning to invest enough funding to ensure the implementation of the policies and measures on domain name abuse. The funding will support our customer service and technical security maintenance and other administrative function such as website design and equipment update. Please see question 47 for detailed amount of funding for each section.