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TWNIC handles disputes only for domain names under the country code top-level domains (ccTLD) “.tw” or “.台灣.”

For non-.tw/.台灣 domains, the procedure depends on whether the name is under a ccTLD. For example, “.jp” (Japan) or “.cn” (China). Their registries (NICs) generally have procedures similar to TWNIC’s, so disputes must be resolved according to the respective NIC’s policy.

For generic TLDs (without country codes), disputes are resolved under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), through ICANN-accredited providers.

A complainant may file a complaint with a Dispute Resolution Service Provider if the registrant meets all of the following criteria:

1. The domain name is identical or confusingly similar to the complainant’s trademark, service mark, name, business name, or other identifier.
2. The registrant has no rights or legitimate interests in the domain name.
3. The domain name has been registered or used in bad faith.

When determining rights or legitimate interests, factors may include:

• (1).Whether the registrant used the domain name in good faith, or can show preparations to use it (before notice of dispute) for bona fide sales of goods or services.
• (2).Whether the domain name has become commonly known by the public, i.e., whether the name is recognizable as being linked to a business or person.
• (3).Whether the registrant is making lawful, non-commercial, or fair use, without intent to mislead, confuse consumers, or unfairly profit by tarnishing the complainant’s identifier.
  

When considering bad faith, factors may include:

• (1).Registration for the purpose of sale or lease.
• (2).Registration intended to block the complainant’s use of a mark, name, or other identifier.
• (3).Registration intended to disrupt a competitor’s business.
• (4).Use to attract users for profit by creating confusion with the complainant’s identifier.

1. Payment deadlines are set by the Dispute Resolution Provider’s supplemental rules.
2. If the complainant does not pay, the procedure will not proceed. If payment is not made within 10 days after filing the complaint, the complaint is deemed withdrawn and the procedure terminates.

The Dispute Resolution Service Provider is an independent neutral body, approved by TWNIC, separate from the registry, the complainant, and the registrant.

Once it accepts a complaint and the fee is paid, it delivers the complaint to the registrant and begins proceedings.

The provider offers a list of panelist for both parties to select candidates. It then appoints the Panel. The provider also serves as the liaison between the Panel and the parties, and after the decision, informs TWNIC and both parties.

The complaint must follow the prescribed format and include:

1. Relief sought from the Provider.
2. Complainant and representative details.
3. Contact information.
4. Choice of one or three panelist for the panel. If three, a list of candidates must be provided.
5. Information about the registrant.
6. The disputed domain name(s).
7. The registrar.
8. Marks, names, or identifiers involved in the dispute.
9. The legal grounds under Article 5(1) of the Policy, in the required format.
10. Requested remedy (cancel or transfer).
11. Related legal proceedings.
12. Supporting evidence.

The response must follow the format prescribed in the supplemental rules, including:

1. Arguments and defenses addressing the complaint, explaining rights or legitimate interests.
2. Registrant and representative details.
3. Choice of communication (email or mail).
4. If the complainant chose one panelist but the registrant prefers three, this must be stated.
5. If three panelists are chosen, the registrant must nominate three candidates from the provider’s panel list.
6. Related legal proceedings.
7. Supporting evidence.

The composition depends on the number of experts:

1. If one panelist: appointed by the Provider.
2. If three panelists: each party nominates three candidates. The Provider appoints one from each side’s list, and selects a third from a list of five, considering the parties’ views.

Decision table:

The Provider reviews the complaint. 

If deficiencies are found, the complainant is notified and must correct them within five days. Failure to do so is deemed withdrawal. 

However, the complainant may file again.

Generally, the complainant bears the costs. However, if the complainant selects one panelist and the registrant requests three, both parties share costs equally.

Therefore, after the Panel has been formed, if the above situation occurs, the Dispute Resolution Service Provider will, in accordance with the supplemental rules, either request the complainant to pay additional fees or refund part of the fees.

The Provider delivers the complaint reasonably, usually by:

1. Mailing and faxing to the addresses in the registrar’s database.
2. Emailing to the registered email and postmaster@domain.
3. Sending to addresses provided by the registrant or complainant.

Yes. When filling out the complaint or the response, the party may indicate whether they prefer communication by email or by regular mail.

If no preference is indicated, the Dispute Resolution Provider will contact the parties by:

1. fax with a transmission record;
2. postal mail or other courier service;
3. internet transmission with a delivery record.

When using email, the message must be sent in plain-text format.

There are three categories: “termination by the parties”, “termination as required by the rules”, and “termination at the Panel’s discretion”. Grounds include:

All actions taken under the Policy and Implementation Guidelines do not prejudice existing avenues of relief between the parties, including judicial remedies (filing a court action), administrative remedies (e.g., filing with the Fair Trade Commission), or resolving the dispute through arbitration. Either party may assert their rights through these channels.

Refer to the diagram for an overview.

As a rule, the Panel decides the case on written submissions (the complaint and the response). If the Panel considers an oral hearing or other procedures necessary, it may conduct them with the parties’ consent, and the Dispute Resolution Provider may charge part of the associated costs.

The decision of the Panel is binding only on TWNIC. This means that once TWNIC receives the written decision from the Dispute Resolution Service Provider, if the decision is to “cancel or transfer the domain name registration,” TWNIC must execute it. For the parties themselves, however, they may still file lawsuits in court concerning the domain name; the Panel’s decision does not affect that right.

While the appointment of experts is somewhat similar to the appointment of arbitrators in commercial arbitration, there are at least two key differences:

1. Commercial arbitration requires the consent of both parties, whereas the domain name dispute resolution procedure is not initiated based on mutual agreement.
2. Commercial arbitration awards have res judicata effect (i.e., the parties cannot subsequently file lawsuits in court), but the domain name dispute resolution procedure does not.

According to Article 9 of the Policy, in principle the Panel’s decision will be published in full on a public website. However, if the Panel considers there is a legitimate reason for not publishing the full text, only part of it may be published. If a party believes there are reasons not to publish the full decision, they may raise this with the Panel through the Provider.

No. As long as the Provider sends the complaint to the registrant according to the following requirements, service is deemed effective under Article 2 of the Implementation Guidelines, and the registrant’s claim is invalid:

1. Mailing and faxing the complaint to the registrant’s address and fax number listed in the registry database. Therefore, registrants must notify TWNIC of any changes in address or fax number.
2. Emailing the complaint to the registrant’s email address in the registry database, as well as to postmaster@registrant’s-domain-name.
3. Sending the complaint to the address specified by the registrant to the Provider, as well as any address or email provided by the complainant.

The Policy and Implementation Guidelines do not explicitly stipulate grounds for withdrawal. However, if an expert discovers, before or during proceedings, any circumstances that may affect their impartiality or independence, they must immediately notify the Provider. The Provider will then appoint a replacement to continue the unfinished proceedings. Likewise, if a party believes an expert is not impartial or independent, they may raise this with the Provider for appropriate handling.

No. Parties or their representatives must not contact the panelist directly. All communication must go through the staff designated by the Dispute Resolution Service Provider.

The Provider will provide the parties with a list of experts to choose from. Parties may also check the website of the Provider to see which panelists are available.

To qualify as an expert, a person must have substantial knowledge in intellectual property rights, e-commerce, or related fields. To learn more about the experts’ backgrounds, parties may consult the Provider or check the Provider’s website.

A decision will be rendered within 14 days after the Panel is formed, or within the time limit specified by the Panel. The Provider will then notify both parties and TWNIC.

No. The complainant may only choose one Provider recognized by TWNIC to handle the same domain name dispute.

The most important features of TWNIC’s Policy are speed and cost-effectiveness, with the most direct results. Although parties can still pursue existing remedies, such as filing a lawsuit or reporting to the Fair Trade Commission, court litigation often takes a long time and is expensive, while administrative remedies cannot cancel or transfer domain names and are also lengthy.

In contrast, decisions under this procedure are binding on TWNIC, which will cancel or transfer disputed domain names accordingly. The entire process usually takes only about 40–50 days, making it very fast and effective.

Within three days of receiving the decision, the Provider notifies TWNIC. TWNIC will then wait 12 days from the date it receives the decision before implementing it.

During this period, if the registrant does not provide TWNIC with proof that the complainant has filed a lawsuit, TWNIC will execute the decision after the 12-day period.

However, if a party provides TWNIC with a notarized settlement agreement, proof of lawsuit withdrawal, a final court judgment, or documents with equivalent effect, TWNIC will act on those immediately, without waiting for the 12-day period.

Yes. Whether before or during the procedure, if a court accepts a case concerning the dispute, the Panel may decide at its discretion to suspend, terminate, or continue the proceedings.

The parties must inform the Provider of the court case, and the Provider will notify the Panel.

According to Article 5(1) of the Policy, the complainant must prove not only that the domain name is identical or confusingly similar to their trademark, but also that:

1. The registrant has no rights or legitimate interests in the domain name; and
2. The registrant registered or used the domain name in bad faith.

Therefore, showing similarity to your trademark alone is insufficient. Both of the above conditions must also be established. (See Q2 for details.)

Each Provider sets its own fees, but TWNIC has set maximum fee standards as reference:

1. f the Panel is composed of one expert: NT$60,000 for disputes involving 1–5 domain names; NT$70,000 for disputes involving 6 or more domain names.
2. If the Panel is composed of three experts: NT$100,000 for disputes involving 1–5 domain names; NT$120,000 for disputes involving 6 or more domain names.

If oral hearings or additional procedures are required, the Provider may charge additional fees, as specified in its supplemental rules.

If the complaint was filed before the amendments took effect, the old rules apply. Conversely, if the complaint was filed after the amendments took effect, the new rules apply.

Company B must not only prove that the domain name is confusingly similar to its business name, but also:

1. The registrant (Company A) has no rights or legitimate interests in the domain name: For example, Company A is not using the distinctive part of the domain name (the portion similar to B’s business name) in selling goods or services, nor is it diminishing B’s business name.
2. The registrant registered or used the domain name in bad faith: Often, registering a name similar to a competitor’s identifier is done to disrupt the competitor’s business or to profit by misleading internet users into visiting the registrant’s website.

The complainant (Company B) must also provide supporting evidence to persuade the Panel that its claim is well-founded.