The Complaint has been submitted in English. Pursuant to the Rules, Paragraph 11, in the absence of an agreement between the parties, or specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement, subject to the authority of the Administrative Panel (once appointed) to determine otherwise.
According to information we have received from the concerned registrar, the language of the registration agreement for the disputed domain name is Chinese.
Instructions to the Complainant
Accordingly, the Complainant is requested to provide at least one of the following:
1) satisfactory evidence of an agreement between the Complainant and the Respondent to the effect that the proceedings should be in English; or
2) submit the Complaint translated into Chinese; or
(In this connection, please note that the Center makes available a model Complaint in Korean, Spanish, Portuguese, Japanese, French and English on the Center's website at www.wipo.int/amc. The model Complaint is available at http://www.wipo.int/amc/en/docs/complaint-eudrp.doc, with other language options available in the upper right-hand side of the webpage.)
3) submit a request for English to be the language of the administrative proceedings. Such request shall include arguments and supporting material (to the extent not already provided in the Complaint) as to why the proceedings should be conducted in English.
Such considerations may include for example the language used in pre-Complaint correspondence between the parties, the identity of the parties, the nationality and place of residence of the parties, and any other evidence of familiarity with the requested language. Should the Complainant already have submitted such request in its Complaint, it is requested to confirm that it has nothing further to add to it.
Please note however, that should the Complainant decide to pursue the latter option (3), neither the Center nor the Administrative Panel will be precluded from requiring, on its own or in light of submissions that may be received from the Respondent on this issue, that the proceedings take place in the language of the registration agreement and requesting that all documentation in the proceedings not in that language be translated into Chinese.
Should the Complainant fail to provide the Center by February 26, 2016 with at least one of the above-referred three options, the Complaint may subsequently be deemed withdrawn, without prejudice to the submission of a new Complaint by the Complainant.
Any submission by the Complainant to the Center in reply to this notification, must be copied to the Respondent in accordance with the Rules, Paragraph 2(b) and 2(h). Such communication shall be submitted electronically to the Center by email to [url=]domain.disputes@wipo.int[/url].
Instructions to the Respondent
In all cases, if the Respondent is intending to participate in these proceedings, and/or has any comments on the Complainant's submission replying to this notification, the Respondent is requested to submit these to the Center by February 28, 2016.
Specifically in the case of the Complainant submitting (or indicating that it will submit) a request for the language of proceedings to be English, and the Respondent objects to such request, the Respondent is invited to indicate that objection for the record, and to submit any arguments/supporting materials (in light of the considerations enumerated in paragraph 3 above) as to why the proceedings should not be conducted in English.
Please note that if we do not hear from you by this date, we will proceed on the basis that you have no objection to the Complainant's request that English be the language of proceedings.
Any submission by the Respondent to the Center that is required as a result of this notification, must be copied to the Complainant in accordance with the Rules, Paragraph 2(b) and 2(h). Such communication shall be submitted electronically to the Center by email to [url=]domain.disputes@wipo.int[/url].
