网站名称注册管理暂行办法_法律英语

网站名称注册管理暂行办法

文章来源：文章作者：发布时间：2007-06-01 01:25 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

(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 formulated¹ in order to regulate the registration² of website names and to protect the lawful³ rights and interests of website owners.

　　Article 2　Website names shall be subject to administration by means of registration. Beijing website owners shall abide⁴ 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 domain⁵ 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 applicants⁷" 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 applicant⁶.

　　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 proprietary⁸ 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 rectify⁹ inappropriate registered website names that have already been registered.

　　Any work unit or individual may apply to the Registration Authority for rectification¹⁰ 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 socialist¹¹ ethics¹² 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 trademarks¹⁴; 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 withdrawn¹⁵ 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 applied¹⁶ 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 discrepancies¹⁷ 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 specified¹⁸ 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 promulgation¹⁹ hereof, websites that commenced actual operation before the date of implementation²⁰ hereof shall be governed by the "first-to-use" principle.

　　Article 20　Any work unit or individual that discovers any of the circumstances set forth²¹ below during the announcement period for a registered website name that has undergone preliminary examination and been announced may submit a written opposition²² 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 oppositions²³, other disputes concerning registered website names, etc.

　　PART FIVE　AMENDMENT²⁵ 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 inspection²⁶. After having approved the application, the Registration Authority will amend²⁴ 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 amended²⁷ after the application has been approved.

　　Article 24　The assignment of a registered website name shall require the assignor and the assignee to jointly²⁸ 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 confirmation²⁹ 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　SUPERVISION³⁰ 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 violation³¹ 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 counterfeits³², alters, rents, lends or sells its/his Website Name Registration Certificate or assigns it without authorization³³;

　　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 trademark¹³, 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 improper³⁴ 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 cancellation³⁵ 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　SUPPLEMENTARY³⁶ PROVISIONS

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

　　Article 35　These Procedures shall be implemented³⁷ as of 1 September 2000.

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收听单词发音

1 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

2 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

3 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

4 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

5 domain
n.(活动等)领域，范围；领地，势力范围
参考例句：
This information should be in the public domain.这一消息应该为公众所知。 This question comes into the domain of philosophy.这一问题属于哲学范畴。

6 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

7 applicants
申请人，求职人( applicant的名词复数 )
参考例句：
There were over 500 applicants for the job. 有500多人申请这份工作。 He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。

8 proprietary
n.所有权，所有的；独占的；业主
参考例句：
We had to take action to protect the proprietary technology.我们必须采取措施保护专利技术。 Proprietary right is the foundation of jus rerem.所有权是物权法之根基。

9 rectify
v.订正，矫正，改正
参考例句：
The matter will rectify itself in a few days.那件事过几天就会变好。 You can rectify this fault if you insert a slash.插人一条斜线便可以纠正此错误。

10 rectification
n. 改正, 改订, 矫正
参考例句：
The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。 This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿，这种现象称为光学整流。

11 socialist
n.社会主义者；adj.社会主义的
参考例句：
China is a socialist country,and a developing country as well.中国是一个社会主义国家，也是一个发展中国家。 His father was an ardent socialist.他父亲是一个热情的社会主义者。

12 ethics
n.伦理学；伦理观，道德标准
参考例句：
The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。 Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

13 trademark
n.商标；特征；vt.注册的…商标
参考例句：
The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。 The trademark of the pen was changed.这钢笔的商标改了。

14 trademarks
n.（注册）商标( trademark的名词复数 )；（人的行为或衣着的）特征，标记
参考例句：
Motrin and Nuprin are trademarks of brands of ibuprofen tablets. Nuprin和Motrin均是布洛芬的商标。来自《简明英汉词典》 Many goods in China have the trademarks of a panda. 中国的许多商品都带有熊猫的商标。来自《简明英汉词典》

15 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

16 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

17 discrepancies
n.差异，不符合（之处），不一致（之处）( discrepancy的名词复数 )
参考例句：
wide discrepancies in prices quoted for the work 这项工作的报价出入很大 When both versions of the story were collated,major discrepancies were found. 在将这个故事的两个版本对照后，找出了主要的不符之处。来自《简明英汉词典》

18 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

19 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

20 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

21 forth
adv.向前；向外，往外
参考例句：
The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。 He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

22 opposition
n.反对，敌对
参考例句：
The party leader is facing opposition in his own backyard.该党领袖在自己的党內遇到了反对。 The police tried to break down the prisoner's opposition.警察设法制住了那个囚犯的反抗。

23 oppositions
（强烈的）反对( opposition的名词复数 )；反对党；（事业、竞赛、游戏等的）对手；对比
参考例句：
That's fine because all perihelic oppositions of Mars are spectacular. 但它和最近的几次区别不大，因为火星所有的近日对冲都很壮观。 He tried his best to bear down all of his oppositions. 他尽全力击败一切反对意见。

24 amend
vt.修改，修订，改进；n.[pl.]赔罪，赔偿
参考例句：
The teacher advised him to amend his way of living.老师劝他改变生活方式。 You must amend your pronunciation.你必须改正你的发音。

25 amendment
n.改正，修正，改善，修正案
参考例句：
The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。 The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

26 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

27 Amended
adj. 修正的动词amend的过去式和过去分词
参考例句：
He asked to see the amended version. 他要求看修订本。 He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。

28 jointly
ad.联合地，共同地
参考例句：
Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。 She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。

29 confirmation
n.证实，确认，批准
参考例句：
We are waiting for confirmation of the news.我们正在等待证实那个消息。 We need confirmation in writing before we can send your order out.给你们发送订购的货物之前，我们需要书面确认。

30 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

31 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

32 counterfeits
v.仿制，造假( counterfeit的第三人称单数 )
参考例句：
Objects and people looked like counterfeits of themselves. 各种人和事好象都给自己披上了伪装。来自辞典例句 We have seen many counterfeits, but we are born believers in great men. 我们见过许多骗子，但是我们天生信赖伟人。来自辞典例句

33 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

34 improper
adj.不适当的，不合适的，不正确的，不合礼仪的
参考例句：
Short trousers are improper at a dance.舞会上穿短裤不成体统。 Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

35 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

36 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

37 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

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