Taiwan Network Information Center Domain Name
[Translation] Passed 8 March 2001 / Amended 4 December 2001
and 7 July 2010
Article 1 Purpose
This Domain Name Dispute Resolution Policy (hereinafter, the "Policy")
is specially adopted for the resolution of disputes arising
between Registrants and third parties in respect of Domain
Names registered with the Taiwan Network Information Center
Article 2 Definitions
The following terms, as used in this Policy, are defined as follows:
1. Domain Name means a name issued by the Registry Administrator
or Registrars in accordance with applicable policies promulgated
by the Taiwan Network Information Center and in which the
country-code top-level domain (ccTLD) is "tw" or ".台灣" .
2. Registry Administrator means the Taiwan Network Information
3. Registrar means an institution responsible for Domain Name
registration under an agreement signed between it and the
4. Dispute-Resolution Provider ["Provider"] means a
neutral institution approved by the Registry Administrator
to handle Domain Name disputes.
5. Registrant means a person who has registered and
may use a Domain Name pursuant to applicable policies promulgated
by the Registry Administrator.
6. Complainant means a person who asks a Provider to
resolve a Domain Name dispute pursuant to this Policy.
7. Party means a Registrant or Complainant.
8. Panelist means an individual selected and publicly
announced by a Provider as qualified to handle Domain Name
9. Panel means a panel composed of Panelists to handle
Domain Name disputes.
10. Work Day means a regular work day of the Registry
Administrator or Provider, excluding Saturdays, Sundays, public
holidays announced by the government, and other holidays designated
by the Registry Administrator or Provider.
Article 3 Registrant's Obligation of Disclosure
When applying to register or renew registration of a Domain Name
or to change Domain Name registration information, the registrant
shall disclose to the Registrar and warrant the truthfulness
of the below-listed matters, and shall assume sole responsibility
for any infringement of rights or interests of others:
1. That the statements made on the application form are complete
2. That, to the Registrant's knowledge, the Domain Name registered
by it does not infringe on rights or interests of others;
3. That it is not registering, and will not use, the Domain
Name for improper purposes;
4. That it is not deliberately registering, and will not deliberately
use, the Domain Name in a manner that violates applicable
laws or regulations.
Article 4 Cancellation or Transfer of a
In any of the following circumstances, the Registry Administrator
may cancel or transfer a registered Domain Name:
1. The Registry Administrator receives written instructions
from the Registrant or its agent, provided this shall not
apply in the circumstances in Article 14;
2. The Registry Administrator receives an irrevocable judgment
of a court or a certifying document having the same force
as an irrevocable judgment of a court;
3. The Registry Administrator receives a written decision
of a Provider.
The Registry Administrator may also cancel or transfer a registered
Domain Name pursuant to applicable registration policies agreed
to by the Registrant or provisions of other laws or regulations.
Article 5 Grounds for Complaint Filing
and Relevant Principles
A Complainant may, on the grounds that the below-listed circumstances
exist in respect of the Registrant's Domain Name registration,
file a complaint with a Provider pursuant to this Policy:
1. The Domain Name is identical or confusingly similar to
a trademark(s), mark(s), personal name, business name, or
other emblem(s) of the Complainant;
2. The Registrant has no rights or legitimate interests in
respect of the Domain Name;
3. The Registrant has registered or used the Domain Name in
Evidence submitted by both Parties, and all other materials, shall
be considered when determining the presence of the elements
in the subparagraphs of the preceding paragraph. If any of
the circumstances in the subparagraphs below are present,
a determination may be made that the Registrant has rights
or legitimate interests in the Domain Name:
1. Before receiving any notice of the Domain Name dispute
from a third party or a Provider, the Registrant used in good
faith, or made demonstrable preparations to use, the Domain
Name or a name corresponding to the Domain Name in selling
goods or offering services;
2. The Registrant's use of the Domain Name is well known to
the general public;
3. The Registrant is making a lawful, non-commercial, or
legitimate use of the Domain Name and is not using it for
commercial profit in a manner that would confuse or mislead
consumers or detract from or harm the trademark(s), mark(s),
personal name, business name, or other emblem(s) at issue.
The circumstances in the following subparagraphs may be considered
when making a determination of bad faith in the registration
or use of a Domain Name under paragraph 1, subparagraph 3:
1. The Registrant registered or acquired the Domain Name primarily
for the purpose of gaining from the Complainant or a competitor
thereof, by selling or renting the Domain Name or by some
other means, a profit in excess of the expenses related to
registering the Domain Name;
2. The Registrant registered the Domain Name for the purpose
of preventing the Complainant from using a trademark(s), mark(s),
personal name, business name, or other emblem in a Domain
3. The Registrant registered the Domain Name primarily for
the purpose of disrupting the business activities of a competitor;
4. The Registrant, for purposes of profit-seeking, has intentionally
sought to induce or mislead network users to visit the Registrant's
web site or other on-line location by creating confusion with
the trademark(s), mark(s), personal name, business name, or
other emblem(s) of the Complainant.
The Complainant shall select one of the Providers approved by the
Registry Administrator with which to file its complaint.
Article 6 Basis for Dispute Resolution
The Provider shall handle the dispute in accordance with this Policy.
The Registry Administrator shall separately prescribe Rules setting
forth the procedures for dispute resolution.
Article 7 Consolidated Resolution
In the event of multiple Domain Name disputes between the same Registrant
and Complainant, either Party may petition the first Panel
appointed to hear a [pending] Domain Name dispute between
the Parties to consolidate the disputes. The Panel may thereupon
decide to consolidate any or all such disputes to which this
Policy applies as provided herein.
Article 8 Fees
Dispute resolution fees shall be paid by the Complainant, except
in cases where the Registrant elects for a three-member Panel
as provided in Article 6 of the Rules, in which case the fees
shall be evenly split between the Parties.
Article 9 Remedies
The remedies available to a Complainant shall be limited to cancellation
of the Registrant's Domain Name or transfer of the Domain
Name to the Complainant.
The Provider shall deliver the decision of the Panel to the Registry
The decision of the Panel shall be published in full on a public
web site; provided, if the Panel deems there to be just cause
for redaction, it may publish the content in part only.
Article 10 Litigation
The provisions of this Policy shall not prevent the Parties from
filing a lawsuit in a court with respect to Domain Name disputes.
When a Panel renders a decision to cancel or transfer a Registrant's
Domain Name, the Provider shall send the decision to the Registry
Administrator and the Parties.
If the Registrant has not submitted documentation of litigation as
provided in Article 3, paragraph 4, subparagraph 12 of the
Rules within ten (10) Work Days of the day the Registry Administrator
receives service of the decision from the Provider, the Registry
Administrator shall implement the decision.
If the Registrant submits the documentation in the preceding paragraph
within the period specified in the preceding paragraph, the
Registry Administrator will provisionally stay implementation;
provided, if either Party submits [either of] the following
documents to the Registry Administrator, implementation shall
be in accordance with the content of the document:
1. A notarized settlement agreement between the Parties;
2. Documentation that the lawsuit has been withdrawn, an irrevocable
court judgment, or a certifying document having the same force
as a court judgment.
Article 11 Applicable Scope
This Policy shall not apply to any Domain Name disputes arising between
a Registrant and another person(s) except for disputes governed
by this Policy as provided herein.
Article 12 Neutrality of the Registry Administrator
The Registry Administrator shall not participate in any dispute between
a Registrant and any other person regarding Domain Name registration
During Domain Name dispute resolution proceedings, the Registry Administrator
will not participate in such proceedings in any way, with
the exception that it shall provide information regarding
Domain Name registration and use at the request of the Provider.
The Registry Administrator shall execute the decision of the
Panel, and shall be in no way liable for the outcome of the
Article 13 Principle of Maintaining the
The Registry Administrator may not cancel or transfer any Domain
Name registration except as provided in Article 4, Article
10, paragraphs 3 and 4, and Article 14, paragraph 2 of this
Article 14 Transfer of a Disputed Domain
The Registrant may not transfer the Domain Name registration to another
person under any of the following circumstances:
1. During a pending dispute resolution proceeding or within
twenty (20) days after such proceeding is concluded;
2. During a proceeding before a court or arbitration body,
unless the assignee consents in writing to be bound by the
judgment of the court or the decision of the arbitration body.
The Registry Administrator may cancel transferred registrations where
the transfer was made in violation of the provisions of the
Article 15 Policy Modifications
The Registry Administrator may modify this Policy as necessitated
by developments in the Internet and the Domain Name system.
Revised Policy content shall be published on the Registry Administrator's
web site thirty (30) days before it becomes effective. In
cases where the complaint was filed with the Provider before
the effective date of the revisions to Policy content, the
unrevised Policy shall apply to related proceedings. In all
cases where the complaint was filed with the Provider [from]
the effective date of revisions to Policy content [onward],
the revised Policy shall apply to related proceedings, irrespective
of when the dispute arose.
In the event that the Registrant objects to revised content, its
sole remedy is to petition the Registry Administrator to cancel
the Domain Name registration. It will not be entitled to a
refund of any fees paid. The revised Policy shall be binding
upon the Registrant until cancellation of the Domain Name
Article 16 Applicable Laws
Matters on which this Policy is silent shall be governed by the laws
of the Republic of China.
The Registry Administrator shall be responsible for interpreting
Article 17 Effective Date
This Policy shall become effective thirty days after its promulgation.
twn001-1\trn04z1 Domain Name Dispute Policy
In case of any discrepancy between this translation and
the original Chinese text, the Chinese text shall govern.
Terms in this translation expressed in the singular should
be construed as also including the plural, and vice versa.