China: acquisition of domain name, limitation period and admissibility of the complaint under the China dispute resolution procedure

In the dispute over supreme.com.cn between Chapter 4 Corp., owner of the SUPREME brand, and Lin Jianhe (HKIAC DCN-1900893), the domain name had been registered in 2004 but acquired by the respondent much later, on the secondary market. Two questions arose. First, who decides admissibility: the CNNIC, which 'recommended' that the complaint be dismissed as time-barred, or the panel? The majority held that a registry recommendation, absent a formal and published rule, cannot bind the panel — a transposition of the competence-competence principle familiar to arbitration. Second, does the acquisition of a domain name constitute a new registration for the purposes of the cnDRP's limitation period? Yes: the transfer substitutes a new registration contract, so the period runs from the acquisition, not from the original registration. The decision usefully protects trademark owners against bad-faith acquirers hiding behind an old registration date.