Interim Administrative Measures on Domain Name Registration

Transcription

1 Interim Administrative Measures on Domain Name Registration (Promulgated by Leading group for information technology advancement under the state council) PART ONE GENERAL PROVISIONS Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 These Measures are formulated in order to ensure and promote the healthy development of China's internet, to strengthen the management of China s internet domain name system. Registration of domain names within the People's Republic of China shall abide by these Measures. Leading group for information technology advancement under the state council (hereinafter state council information office) is the administrator of China's internet domain name system, its principal duties shall be: 1. to formulate policy and measures on establishment, distribution and administration of China s internet domain names; 2. to select, authorize or cancel the management unit of the top-level domain (hereinafter TLD)and second-level domain (hereinafter SLD). 3. to supervise and inspect the domain name registration services at various levels. China Internet Network Information Center (hereinafter CNNIC) working committee, assists the state council information office to manage China s Internet domain name system Under the authorization and leadership of state council information office, CNNIC is the daily office of CNNIC working committee, formulate the implementing rules for the registration of China's domain names in accordance with these Measures and is responsible for the management and operation of China's TLD CN. Adopting step by step authorization way to determine the management units of the domain name at and under third level. Domain management unit at various levels is responsible for domain registration of its subordinate. Management unit of SLD must submit the statement on the registration of 3rd level domain (hereinafter 3LD) to CNNIC regularly. The domain name applicant shall be the organization established legally, and able to take civil liability independently. PART TWO CHINA's INTERNET DOMAIN NAME SYSTEM

2 Article 7 CN is China's TLD which has been officially registered with Internet Information Center (Inter NIC) and operated. Under TLD CN, hierarchical structure is adopted to establish domain names at various levels. Article 8 China's SLD is divided into two types: "category domain name" and "administrative region domain name". 1. There are 6 category domain names: "AC" research institutions; COM the industrial, commercial, financial, and other enterprises; "EDU" Chinese educational institutions "GOV" Chinese government departments NET Internet network, network information center (NIC) and network operation center (NOC) ORG all kinds of non-profit organization 2. There are 34 administrative region domain names, apply to all provinces, autonomous regions and municipalities, respectively BJ Beijing City; SH Shanghai City; TJ Tianjin City; CQ Chongqing City; HE Hebei Province; SX Shanxi Province; NM Inner Mongolia autonomous Region; LN Liaoning Province; JL Jilin Province; HL Heilongjiang Province; JS Jiangsu Province; ZJ Zhejiang Province; AH Anhui Province; FJ Fujian Province; JX Jiangxi Province; SD Shandong Province; HA Henan Province; HB Hubei Province;HN Hunan Province; GD Guangdong Province;GX Guangxi Zhuang Autonomous Region; HI Hainan Province; SC Sichuan Province; GZ Guizhou Province; YN Yunnan Province; SN Shaanxi Province; XZ Tibet Autonomous Region; NX Ningxia Hui Autonomous Region; GS Gansu Province; XJ Xinjiang Uygur Autonomous Region; QH Qinghai Province; TW Taiwan; HK Hong Kong; MO Macaw. Article 9 Adding, cancelling and renaming of SLD shall be proposed by CNNIC work committee, and published upon the approval of state council information office.

3 Article 10 Naming principles of 3LD 1. 3LD is made up of letters (A - Z, a to z, capital letters and small letters are equivalent.), digital (0-9) and connector (-), with solid dot (.) connecting domain names at various levels, the length of 3LD shall not exceed 20 characters. 2. If no special reason, applicant's English name (or initials), or Chinese pinyin name (or initials) is suggested to be used as 3LD, to maintain the clarity and simplicity of domain names. Article 11 Restriction on naming the domain names at and under the third level 1. Without formal approval of the relevant state departments, "CHINESE", "CHINA", "CN", "NATIONAL" and other wording shall not be used; 2. The name of the other countries or regions, places, international organizations which are known to public shall not be used; 3. Without the approval of local governments at various levels, the full name or abbreviation of the administrative region name at or above the country level shall not be used. 4. Industry name or generic names of commodity shall not be used; 5. Enterprise name or trademark registered by others in China shall not be used; 6. The names harming the interest of the state, society, or the public shall not be used. PART THREE REGISTRATION APPLICATOIN OF DOMAIN NAME Article 12 Article 13 Article 14 The applicant has the right to choose domain names at the next higher level. The work unit which apply the "category domain name" shall base on its nature to apply for corresponding domain names under SLD. To apply for domain name registration, the application must be submitted to the domain management unit at the next higher level To apply for domain name registration, the following conditions must be satisfied: 1. domain names conform to the provisions of this regulation; 2. the main domain name server is being operated in China, and provides continuous service for its domain name; 3. One administrative contact and one technical contact concerning the domain name are designated, respectively responsible for the management and operation of domain name server.

4 Article 15 Article 16 Article 17 Article 18 Article 19 To apply for domain name registration, the following documents and certificates shall be submitted: 1. domain name registration application form; 2. the introduction letter of that work unit ; 3. Copy of the promoter s identity card; 4. Copy of certificate to prove the work unit was established legally. Domain name registration application form shall at least include the following content. The name of the work unit (Chinese name, English name, full name and abbreviation of Pinyin), the address of the work unit, responsible person of the work unit, administrative contact and technical contact of the domain name, promoter, mailing address, telephone number, address, name and location of main and auxiliary domain name server machine, network addresses, models and operating systems, domain name to be applied, reason and purpose, and other matters. Applicant's name shall be consistent with the seal and relevant documentation. The applicant may file registration application through , fax, post, etc. and submit all the materials specified in article 15 within 30 days in other ways. The application date shall be the first date to receive the registration application. Application is avoidance automatically if all the documents specified in article 15 have not been received within 30 days. Applicant s liability 1. the applicant must comply with China's relevant laws and regulations on the Internet. 2. be responsible for domain name selected; 3. the applicant shall guarantee the authenticity of the application documents, and within knowledge of the applicant, guarantee the selected domain name registration does not violate the interests of any third party; and the domain name registration is not for any illegal purpose; 4. after the application is approved, the applicant becomes management unit of that registered domain name, must comply with these Measures to manage and operate that domain name. PART FOUR APPROVAL OF THE DOMAIN NAME REGISTRATION Article 20 Registration of domain names shall follow the principle of first come, first served. Pre-reservation of the domain name is not acceptable.

5 Article 21 Article 22 If the domain name to be applied and the application document for registration comply with the provisions of these Measures, the domain name management unit shall complete the approval of registration, opening the operation, and issuing the registration certificate of domain name within 10 working days from the date of receiving the documents specified in article 15. If domain name to be applied and the application document for registration fail to comply with the provisions of these Measures, the domain name management unit shall inform the applicant within 10 working days from the date of receiving the documents specified in article 15. The applicant shall revise the application document within 30 working days. Where it fails to reply within the stipulated time limit, or the documents still fall to comply with the provisions of these Measures, the application is avoidance automatically. Article 23 Domain name management unit at various levels is not responsible for the search on whether the users domain name is in conflict with the legal right owned by a third party for industrial and commercial administration department or trademark management department. Any dispute caused by this kind of conflict, the domain name applicant is responsible for processing and bear legal responsibility. When a 3LD is the same as a trademark or enterprise name registered China, and the registered domain name is not owned by the holder of the registered trademark or enterprise name, if the holder of the registered trademark or enterprise name do not make an objection, the domain name holder can continue to use the domain name; if the holder of the registered trademark or enterprise name make an objection, from the date that the ownership of trademark exclusive right or enterprise name right is verified, the domain name management units at various levels maintain the service for the domain name holder for 30 days, and the domain name service automatically stops after 30 days, during which all the legal responsibility and economic dispute is irrelevant to the domain name management units at various levels. PART FIVE CANCELLATION AND AMENDMENT OF THE REGISTERED DOMAIN NAME Article 24 Article 25 The registered domain name can be amended or cancelled, but cannot be transferred or bought /sold. To apply for changing the registered domain name or other registration matters, domain name registration application form and the documents specified in article 15 shall be submitted, and the original domain name registration certificate shall be handed back. After examination and approval by the domain name management unit, the original domain name

6 registration certificate shall be returned with the necessary notation, and the operation of the domain name shall be opened within 10 working days. Article 26 Article 27 To apply for cancellation of redistricted domain name, domain name registration application form and the documents specified in article 15 shall be submitted, and original domain name registration certificate shall be handed back. After examination and approval by the domain name management unit, the operation of the domain name shall be stopped and the original of the domain name registration certificate shall be recovered. Annual inspection system is applied to the registered domain name; the implementation shall be in the charge of the domain name management units at various levels. PART SIX SUPPLEMENTARY PROVISIONS Article 28 Article 29 Article 30 Article 31 Where the domain name is connected to China Internet network, and its registered TLD is not CN, it must be registered with the CNNIC for the record filing. Domain name operation fees shall be paid for registered domain names and the handling of other domain name matters, the specific standards of which shall be prescribed separately. State council information office shall be responsible for the interpretation of these measures These measures go into effect on the day of promulgation. Translation supplied to IP Key by HFG - Law Firm & IP Practice IP Key does not take responsibility for any errors in translation