kenne
17th February 2006, 04:15 AM
Part I. you need to get permits from the information bureau.
http://www.miibeian.gov.cn/share/FAQs.htm
Depending on what kind of website you develope, you need different kinds of permits.
The minimal requirement is a "备案". If your website has bbs or chatroom you also need an "ICP" license. Both are free if you obtain through the above website. There are also service available to get them for a fee.
It seems if your hosting service is outside mainland china, you would not need these licenses, just risk being blocked.
I've seen very popular Chinese bbs sites without licenses such as:
http://www.mitbbs.com/ server based in US
Part II. .cn Domain name dispute resolution guideline newly published by cnnic on 2/14/06 expected to go into effect
in 3/2006
http://www.cnnic.cn/html/Dir/2006/02/14/3568.htm
For comparison purposes, refer to the earlier guideline published in 2002-2003 and currently in effect, in English
http://www.cnnic.cn/html/Dir/2003/11/27/1510.htm
http://www.cnnic.cn/html/Dir/2003/11/27/1513.htm
Quote from the older version:
"5. The expert group responsible for adjudicating the dispute has the right to affirm whether the complained registrant has malicious intentions in registering for or using the internet keyword. The complained registrant proves to have malicious intentions under any of the following circumstances:
-Registering or acquiring the keyword primarily for the purpose of selling, renting, or otherwise transferring the registration of the keyword for unjustifiable interest;
-Registering the keyword in order to prevent a third party from reflecting a name that the third party enjoys right or legitimate interest in a corresponding keyword, provided the registrant has engaged in a pattern of such conduct;
-Registering the keyword primarily for the purpose of damaging the reputation of the complainant, disputing the business of the complainant, or creating likelihood of confusion with the complainant so as to mislead the public.
-other circumstances.
6. The keyword registrant shall bear the burden of proving its right or legitimate interest to the keyword or the major part thereof. The Panel has the power, according to the evidence provided by both parties and all the facts involved in the dispute, to recognize whether the keyword registrant has the justified reason for registration or use of the keyword. "
I don't have enough experience to really compare this guideline vs the WIPO guideline vs older version. Main change is
that the newer version no longer defines "-Registering or acquiring the keyword primarily for the purpose of selling, renting, or otherwise transferring the registration of the keyword for unjustifiable interest" as malicious.
Also, the newer version contains following:
第十条 被投诉人在接到争议解决机构送达的投诉书之前具有下列情形之一的，表明其对该域名享有合法权益：
（一）被投诉人在提供商品或服务的过程中已善意地使用该域名或与该域名相对应的名称；
（二）被投诉人虽未获得商品商标或有关服务商标，但所持有的域名已经获得一定的知名度；
（三）被投诉人合理地使用或非商业性地合法使用该域名，不存在为获取商业利益而误导消费者的意图。
explains how the registrant (target of complaint) can show he/she has rights over the domain: has some reputable uses, without confusing consumers or nonmalicious usage.
So far all these changes are great and better protect domainers. One thing that's remains an obstacle though.
Officially .cn domains are only open to business and organizations not to individuals. I'm not sure whether and how this rule apply to foreigners. But it's seriously impeding the registration of .cn by Chinese individuals even though the rule is not strictly enforced.
This valentines day cnnic ran a campaign on registering <lover's name>.cn; but since only businesses can register it, domainers joke that the ad targets company executives for their "friends".
In future, cnnic may either decide to
1. take away individual owned .cn domains OR
2. officially allow individuals to own .cn domains
I expect they will do the right thing, but with China, one can never be sure.
[Work In Progress.]
http://www.miibeian.gov.cn/share/FAQs.htm
Depending on what kind of website you develope, you need different kinds of permits.
The minimal requirement is a "备案". If your website has bbs or chatroom you also need an "ICP" license. Both are free if you obtain through the above website. There are also service available to get them for a fee.
It seems if your hosting service is outside mainland china, you would not need these licenses, just risk being blocked.
I've seen very popular Chinese bbs sites without licenses such as:
http://www.mitbbs.com/ server based in US
Part II. .cn Domain name dispute resolution guideline newly published by cnnic on 2/14/06 expected to go into effect
in 3/2006
http://www.cnnic.cn/html/Dir/2006/02/14/3568.htm
For comparison purposes, refer to the earlier guideline published in 2002-2003 and currently in effect, in English
http://www.cnnic.cn/html/Dir/2003/11/27/1510.htm
http://www.cnnic.cn/html/Dir/2003/11/27/1513.htm
Quote from the older version:
"5. The expert group responsible for adjudicating the dispute has the right to affirm whether the complained registrant has malicious intentions in registering for or using the internet keyword. The complained registrant proves to have malicious intentions under any of the following circumstances:
-Registering or acquiring the keyword primarily for the purpose of selling, renting, or otherwise transferring the registration of the keyword for unjustifiable interest;
-Registering the keyword in order to prevent a third party from reflecting a name that the third party enjoys right or legitimate interest in a corresponding keyword, provided the registrant has engaged in a pattern of such conduct;
-Registering the keyword primarily for the purpose of damaging the reputation of the complainant, disputing the business of the complainant, or creating likelihood of confusion with the complainant so as to mislead the public.
-other circumstances.
6. The keyword registrant shall bear the burden of proving its right or legitimate interest to the keyword or the major part thereof. The Panel has the power, according to the evidence provided by both parties and all the facts involved in the dispute, to recognize whether the keyword registrant has the justified reason for registration or use of the keyword. "
I don't have enough experience to really compare this guideline vs the WIPO guideline vs older version. Main change is
that the newer version no longer defines "-Registering or acquiring the keyword primarily for the purpose of selling, renting, or otherwise transferring the registration of the keyword for unjustifiable interest" as malicious.
Also, the newer version contains following:
第十条 被投诉人在接到争议解决机构送达的投诉书之前具有下列情形之一的，表明其对该域名享有合法权益：
（一）被投诉人在提供商品或服务的过程中已善意地使用该域名或与该域名相对应的名称；
（二）被投诉人虽未获得商品商标或有关服务商标，但所持有的域名已经获得一定的知名度；
（三）被投诉人合理地使用或非商业性地合法使用该域名，不存在为获取商业利益而误导消费者的意图。
explains how the registrant (target of complaint) can show he/she has rights over the domain: has some reputable uses, without confusing consumers or nonmalicious usage.
So far all these changes are great and better protect domainers. One thing that's remains an obstacle though.
Officially .cn domains are only open to business and organizations not to individuals. I'm not sure whether and how this rule apply to foreigners. But it's seriously impeding the registration of .cn by Chinese individuals even though the rule is not strictly enforced.
This valentines day cnnic ran a campaign on registering <lover's name>.cn; but since only businesses can register it, domainers joke that the ad targets company executives for their "friends".
In future, cnnic may either decide to
1. take away individual owned .cn domains OR
2. officially allow individuals to own .cn domains
I expect they will do the right thing, but with China, one can never be sure.
[Work In Progress.]