ICE8000 Website Name Registration and Protection Standard

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ICE8000 International Credit Standard System 
Website Name Registration and Protection Standard

(Version: ICE8000-063-20070816-20190126-18) 
(This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution

Chapter I General Provisions

1.1 In order to make up for the deficiencies of the laws on the protection of website names in various countries' laws, in order to solve the problem of protecting the name of transnational websites, in order to enhance the consciousness of people to abide by the basic business ethics of honesty, in order to promote social integrity, reduce transaction costs, and enhance human well-being, the world The Credit Organization [WCO] has developed this standard.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 The name of the website referred to in this standard refers to the name of a website that can be accessed through the Internet, and of course the name of the personal blog home page.

The first name referred to in this standard refers to the creation, creation and use of other organizations for the first time.

The name of the website belongs to intellectual property and intangible assets. The World Credit Organization [WCO] protects the name of the website registered under this standard, regardless of whether it is recognized by the law of the host country or other countries.

The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization [WCO] member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. [WCO] certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization [WCO], not a branch, representative office, agency or subordinate organization of the World Credit Organization [WCO]. According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.

1.5 The registration and protection of website names follow the principles of honesty, prior use, objectivity, openness and supervision.

1.6 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.7 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

Chapter II Registration and Certificate Management of Website Names

2.1 Website Name Registration Conditions:

(1) Original or unique

The name of the website was first used by the applicant on the Internet, or a website that was not used for the first time but previously used the name of the website no longer exists. The specific discriminating condition is: when two main search engines are selected to search by the website name as the keyword, the following 50 cases (if the number of actual pages is not exceeded), the following ones are met:

A. There is no website with the same name and different URLs;

B. A website with the same name and different website address, but the applicant provides a written certificate or contract with the same name and different website names to the applicant's application;

C. A website with the same name and different website URLs, but the applicant provides evidence that can clearly prove that the application website name was earlier than the creation, creation or use of the same name website;

(2) The applicant has ownership or right to use the website URL, or provides a written certificate or contract from the owner of the website that the domain name owner agrees to apply for, or provides evidence and reasons for apparent ownership or use of the website;

(3) The name of the website does not violate internationally recognized legal principles and public ethics;

(4) The name of the website is not duplicated with other intellectual property rights already filed by the World Credit Organization [WCO];

(5) The applicant guarantees that the name of the website does not infringe the intellectual property rights of other units or individuals when applying for registration;

(6) The applicant promises to abide by this standard and attach a conscience vow clause.

2.2 Registration procedure for website name:

The first step is to apply. The applicant submits an application, provides the applicant's business license and/or identification, and pays the fee according to the regulations. The application letter should indicate the website address and website profile that are being used, and ensure the authenticity of the application materials and the commitment to comply with this standard.

The second step is to review. The ICE8000 credit institution authorized by the World Credit Organization [WCO] reviews whether the applicant's website name complies with the registration conditions. If the conditions are not met, return the application and explain the reasons. If the applicant is dissatisfied with the reasons for the return, he may directly file a reconsideration with the World Credit Organization [WCO]. After receiving the application for reconsideration, the World Credit Organization [WCO] will make a notice to maintain the original decision or change the original decision according to the actual situation.

The third step is to publicize and issue the “Website Name Publicity and Credit Protection Certificate”. The publicity period is 30 days. During the publicity period, any unit or individual may object to the registration of the website name. Someone raised an objection. After the investigation objection was established, the filing procedure was suspended, and the faulty applicants and international credit practitioners, and the ICE8000 credit institution were liable for breach of contract.

The fourth step is to review. The ICE8000 Credit Agency authorized by the World Credit Organization [WCO] reviews the relevant materials. If there is any problem in the review, it is required to make corrections; if the material is found to be false, the applicants of the fault and the international credit practitioners and the ICE8000 credit institution shall be investigated for breach of contract according to the provisions of Chapter IV.

The fifth step is to announce and issue the Website Name Registration and Credit Protection Certificate.

2.3 The website name certificate (including: “Website Name Publicity and Credit Protection Certificate” and “Site Name Registration and Credit Protection Certificate”) may be transferred by the certificate. The transfer shall be endorsed on the certificate and shall be submitted to the World Credit Organization. [WCO] for filing. If not filed, the World Credit Organization [WCO] does not recognize the transfer.

2.4 The World Credit Organization [WCO] sets up an electronic file for each website name certificate, which discloses the date of application, the date of issuance and the change of the owner of the website profile and website name certificate.

2.5 Once the website name certificate is issued, it will be valid for a long time. However, after the website name certificate is issued, the World Credit Organization [WCO] announces that one of the following conditions is revoked:

(1) There is evidence that the registration of the website name certificate does not meet the registration conditions or registration procedures;

(2) There is evidence that the website name certificate owner has renounced the use of the website name;

(3) The certificate owner has died or cancelled and has no right to heir.

Chapter III Protection of Website Names

3.1 In order to prevent someone from maliciously using the public notice period for infringement, the website name begins to be protected by credit from the date of publicity.

3.2 Integrity is one of the basic business ethics. Deliberate use or deliberate disguised use of a website name that has been protected by credit without the permission of the website name certificate owner is a violation of good faith business ethics. The perpetrator’s commercial conduct is worthy of Stakeholders pay full attention.

The World Credit Organization [WCO] publishes an electronic version of the website name certificate on the website to alert the parties concerned to deliberately or deliberately disguised the use of credit-protected website names.

3.3 No unit or individual may deliberately use or deliberately use the name of the website without the consent of the owner of the website name certificate. Otherwise, the certificate owner has the right to impose credit punishment on his own or file a complaint with the International Moral Court. Apply for the World Credit Organization [WCO] (or ICE8000 Credit Agency) to take the following measures:

(1) Evidence of publicity or registration of the name of the website to the relevant unit or individual;

(2) Investigate the facts of dishonesty, and then publish the statement or moral condemnation announcement in the name of the World Credit Organization [WCO] (or ICE8000 Credit Agency);

(3) Investigating the facts of dishonesty, and then conducting internal complaints, public complaints, credit warnings, internal exposures, public exposures or joint exposures, etc., based on the objective facts of the investigation;

(4) Assist the certificate owner in pursuing the legal responsibility of the infringer.

3.4 In view of the principle of good faith is the basic principle of internationally accepted civil law, administrative law and other laws, the laws of modern civilized countries recognize that civil acts or administrative acts that violate the principle of good faith are invalid or revocable. Therefore, if the name of the protected website is infringed by others by trademark squatting, company name registration, etc., the website name owner may use the website name certificate, registration information, etc. as evidence, and the infringer violates the principle of good faith as the reason and according to relevant legal requirements. The relevant departments cancel the registration of trademarks that have been squatted by the infringing party.

Chapter IV Liability for breach of contract and method of investigation

4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

4.2 Method of investigation of breach of contract liability:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

4.3 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

4.4 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

4.5 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

4.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is relatively large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter V Supplementary Provisions

5.1 With the approval of the World Credit Organization [WCO], ICE8000 credit institutions may apply for name registration for eligible website names for public welfare purposes.

5.2 This standard shall be implemented as of the date of promulgation.

5.3 The terms involved in this standard, if their meaning is not agreed in this standard, the meaning of which is described in the “International Credit Industry Terminology of ICE8000 International Credit Standard System”.

5.4 All relevant parties submit various types of materials submitted to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

5.5 If all parties concerned know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

5.6 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/63.html .

5.7 The copyright of this standard belongs to the World Credit Organization [WCO], and members can use it for free and unlimited use; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

5.8 The version number of this standard is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

5.9 This standard is interpreted by the World Credit Organization [WCO].