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网站名称注册管理暂行办法

分类: 法律英语 
 

(Promulgated by the Beijing Municipal Administration for Industry and Commerce on 15 August 2000. Corrected by the Beijing Municipal Administration for Industry and Commerce on 30 August 2000. Effective as of 1 September 2000.)
颁布日期:20000828  实施日期:20000901  颁布单位:北京市工商行政管理局

PART ONE GENERAL PROVISIONS

Article 1 These Procedures have been formulated in order to regulate the registration of website names and to protect the lawful rights and interests of website owners.

Article 2 Website names shall be subject to administration by means of registration. Beijing website owners shall abide by these Procedures.

Article 3 The Beijing Municipal Administration for Industry and Commerce is the administration authority for the registration of Beijing website names (the "Registration Authority").

Article 4 For the purposes of these Procedures, the term "website owner" means the owner of a website's domain name, except that if the contract provides otherwise, the stipulations of the contract shall prevail.

For the purposes of these Procedures, the term "registered website name" means the website name obtained by the website owner after having gone through the website name registration procedures and collected a Website Name Registration Certificate.

For the purposes of these Procedures, the term "registered website name applicants" means legal persons and other lawful organizations legally registered in Beijing and those individual citizens who have the capacity to bear civil liability.

For the purposes of these Procedures, the term "website operation" means that the Registration Authority can find the home page bearing the registered website name of the website through the domain name provided by the applicant.

Article 5 Website owners shall apply to register their website names.

Article 6 A website owner may apply for a maximum of three registered website names for its/his website.

Article 7 A website owner shall have proprietary rights to the website names it/he has registered. No work unit or individual may make unauthorized use on its/his website of a name that is the same as a third party's registered website name.

Article 8 The Registration Authority has the power to rectify inappropriate registered website names that have already been registered.

Any work unit or individual may apply to the Registration Authority for rectification of an inappropriate registered website name that has already been registered.

PART TWO COMPOSITION OF A REGISTERED WEBSITE NAME

Article 9 A registered website name may consist of Chinese characters, letters of the English alphabet, numerals or a combination thereof.

Article 10 A registered website name may not contain any of the following:

1. content or text that prejudice the interests of the State or the public;

2. content or text that may deceive or mislead the public;

3. content or text that may offend socialist ethics and practice or have other negative effects; or

4. other names whose use is inappropriate due to their special meanings.

Article 11 The relevant supporting documentation shall be submitted to the Registration Authority if registered website names have the following content:

1. names of political parties, names of Party, government or military authorities, names of mass organizations or names of social groups;

2. names of international organizations;

3. the textual part of well-known trademarks; or

4. other content provided for in laws and regulations.

PART THREE APPLICATION FOR REGISTERED WEBSITE NAMES

Article 12 The registered website name applicant shall fill out and submit a registered website name application online. Within 30 days after completing the online application procedures, the applicant shall submit the relevant written application and supporting documents to the Registration Authority by mail or in person, etc. If the applicant fails to submit the written application and supporting documents on time, it/he shall be deemed to have withdrawn its/his application and shall be required to carry out the application procedures anew.

Article 13 The registered website name applicant shall commence trial website operation within 60 days of the date on which it/he completes the online application for its/his registered website name. If it/he fails to commence trial operation within the time limit, it/he shall be deemed to have withdrawn its/his application and the Registration Authority will make an announcement to that effect.

PART FOUR EXAMINATION AND APPROVAL OF REGISTERED WEBSITE NAMES

Article 14 The registration particulars and the written application materials filled in and submitted by the applicant shall comply with the requirements of the Registration Authority.

Article 15 The Registration Authority will carry out a preliminary examination of the registered website names for which applicants have applied and shall announce those that comply with the relevant provisions hereof.

Article 16 The announcement period for registered website names shall be 90 days.

Article 17 If there are erroneous entries in the written application materials submitted by the applicant or if there are discrepancies between such application materials and the particulars of the application submitted online, the Registration Authority will order the applicant to correct such errors or discrepancies and to submit the materials anew within 15 days.

Article 18 The Registration Authority will reject an application and refuse to make the announcement if:

1. the registered website name applied for is the same as a registered website name already registered by a third party;

2. the registered website name applied for contains content or text specified in Article 10 hereof;

3. the applicant fails to submit the revised documents on time; or

4. the revised documents still fail to comply with the relevant provisions hereof.

Article 19 If two or more applicants apply to register the same website name, the Registration Authority will conduct a preliminary examination of, and announce, the website name that was applied for first.

For 90 days from the date of promulgation hereof, websites that commenced actual operation before the date of implementation hereof shall be governed by the "first-to-use" principle.

Article 20 Any work unit or individual that discovers any of the circumstances set forth below during the announcement period for a registered website name that has undergone preliminary examination and been announced may submit a written opposition to the Registration Authority:

1. the registered website name is the same as an enterprise name or institution name, etc. owned by a third party;

2. the registered website name is confusingly similar to a registered website name used by a third party; or

3. another reason that may lead to confusion on the part of others.

Article 21 The Registration Authority will grant registration of, issue a Website Name Registration Certificate for and make an announcement concerning an announced registered website name that has not been opposed or whose opposition has been ruled untenable. If the opposition to a registered website name is upheld, such name shall not be registered.

A Website Name Registration Certificate shall include the following registration particulars: the number of the website name, the website name, the website owner's name, the domain name, etc.

Article 22 The Registration Authority will organize a registered website name review and adjudication committee charged with handling such matters as registered website name oppositions, other disputes concerning registered website names, etc.

PART FIVE AMENDMENT AND ASSIGNMENT OF REGISTERED WEBSITE NAMES

Article 23 If a change occurs in the registration particulars shown on the Website Name Registration Certificate, the owner of the registered website name must submit a written amendment application, and the relevant documents in support of the amendment, to the Registration Authority within 30 days of the date of the change. After having approved the application, the Registration Authority will take back the owner's original Website Name Registration Certificate, issue a new one and make an announcement.

If a change occurs in other registration particulars, the owner of the registered website name shall submit a written application for amendment, and the relevant documents in support of the amendment, to the Registration Authority at the time of the annual inspection. After having approved the application, the Registration Authority will amend its database.

If a change occurs in any of the registration particulars referred to in the preceding paragraph, the owner of the registered website name may also submit a written application for amendment, and the relevant documents in support of the amendment, to the Registration Authority at any time. The database will be amended after the application has been approved.

Article 24 The assignment of a registered website name shall require the assignor and the assignee to jointly submit a written application. After having approved the application, the Registration Authority will take back the assignor's Website Name Registration Certificate, issue a new Website Name Registration Certificate to the assignee and make an announcement.

Article 25 After confirmation by the Registration Authority, the assignee shall have proprietary rights to the registered website name. The assignor shall no longer have proprietary rights to the registered website name from the date the new Website Name Registration Certificate is issued.

PART SIX ANNUAL INSPECTION AND DE-REGISTRATION OF REGISTERED WEBSITE NAMES

Article 26 After a registered website name has been duly obtained, the website owner shall apply to the Registration Authority for annual inspection of its/his registered website name and related particulars.

Article 27 If a website owner applies for the de-registration of its/his registered website name, it/he shall submit a written de-registration application to the Registration Authority within 30 days of the termination of operation. After having approved the application, the Registration Authority will de-register the website owner's registered website name, take back the Website Name Registration Certificate and make an announcement.

PART SEVEN SUPERVISION AND ADMINISTRATION OF REGISTERED WEBSITE NAMES

Article 28 The Registration Authority has the power to order rectification if a registered website name applicant has committed any of the acts set forth below during the registration procedures but has not yet completed such procedures; if the applicant has completed the registration procedures, the Registration Authority may cancel its/his registered website name, take back its/his Website Name Registration Certificate and make an announcement:

1. it/he practised fraud to deceive the Registration Authority;

2. it/he registered the website name of a third party in bad faith;

3. it/he violated Article 10 hereof; or

4. it/he committed another act in violation hereof during the registration application process.

Article 29 The Registration Authority will order rectification and, in serious cases, may cancel the registered website name, take back the Website Name Registration Certificate and make an announcement if, in using a registered website name:

1. the website owner counterfeits, alters, rents, lends or sells its/his Website Name Registration Certificate or assigns it without authorization;

2. the website owner fails to have annual inspection carried out on its/his registered website name; or

3. the registered website is not actually operated, where such non-operation persists for a continuous period of one year.

Article 30 If a website owner uses a registered website name that is the same as, or similar to, a trademark, business name, domain name, enterprise name or registered website name, etc. owned by another rights-holder and engages in business similar to that of the other rights-holder, resulting in confusion among other persons, the Registration Authority shall order it/him to rectify its/his improper act and, if the case is serious, may cancel its/his registered website name, take back its/his Website Name Registration Certificate and make an announcement. The Registration Authority may additionally punish it/him pursuant to the relevant laws and regulations.

Article 31 If a website owner uses a registered website name owned by another rights-holder without such party's permission, the Registration Authority will punish it/him in accordance with the law, unless the website owner had actually used the said registered website name before the other rights-holder owning the said registered website name applied for registration thereof.

Article 32 If a website owner illegally passes off a registered website name, the authority for industry and commerce shall punish it/him pursuant to the relevant laws and regulations.

Article 33 Within one year from the date of the de-registration or the Registration Authority's cancellation of a registered website name, the Registration Authority will not grant registration for website names that are the same as the de-registered or cancelled registered website name, except in the case of assigned registered website names.

PART EIGHT SUPPLEMENTARY PROVISIONS

Article 34 The Beijing Municipal Administration for Industry and Commerce is responsible for interpreting these Procedures.

Article 35 These Procedures shall be implemented as of 1 September 2000.

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