Member Article

The Beijing Municipal Administration for Industry and Commerce (“BAIC”) issued the Measures for the Administration of the Registration for the Record of Commercial Websites on 1 October 2004. The Measures entered into effect on the same date and repeal two earlier regulations regarding the registration of commercial websites in Beijing, the Provisional Measures for Administration of Commercial Web Sites and their Detailed Implementing Rules (as discussed respectively in the October 2000 issue of China Legal Update). Scope The Measures define commercial websites as an electronic platform which has an independent domain name submitted to the domain name registration authority and is established by an enterprise or individual entrepreneur using internet technology in order to realise such commercial objectives as publishing information or advertisements, establishing e-mail boxes, carrying out commercial activities and providing others with the internet space required to carry out the foregoing activities. For the purpose of the Measures, the expression “registration for the record of commercial websites” encompasses the following: filing of an application for registration with the industry and commerce authorities, the industry and commerce authorities placing an electronic registration mark on the homepage of the commercial website and making the registered information available to the public. The registration can be handled online through the website of the BAIC. Conditions An application for registration for the record of a commercial website must satisfy the following conditions: • the owner of the website has an independent domain name or has been authorised by the owner of the independent domain name; • the owner of the website has obtained a permit to engage in telecommunications and internet information service business from the Beijing telecommunications authority; and • the business scope of the owner of the website must include internet information services. Restrictions The Measures prohibit the use of certain website names such as those that harm national and public interest, may deceive or mislead the public or may offend socialist ethics and practice or have other negative effects. Names that are the same as already registered commercial websites or of websites whose registration has lapsed less than one year may not be registered for the record. If the name of the website contains part of a famous or renowned trademark, the applicant must submit the relevant supporting materials.