Hong Kong domain name registration

The new domain name registry in Hong Kong has decided to amend its rules and regulations and generally “clean up” the domain name register, by entering into a new, amended agreement with current and future domain name registrants.

The new agreement, although radically changing several aspects of domain name registration in Hong Kong, will only apply to existing or prospective registrants, whether a legal entity or a natural person, who are established in Hong Kong, i.e. have a legitimate business and physical presence in Hong Kong.

The most important aspect of the new agreement is that a “sunrise period” of 8 days,commencing 1 June 2001, will be available to companies or persons who have registered their trade marks or have lodged applications to register trade marks before 30 April 2001 in Hong Kong. They may apply for a domain name registration, which incorporates the relevant trade mark registration or application. The effect of this is that proprietors of trade mark rights will have the opportunity to secure their position in the .hk namespace pro-actively, (subject to the trade mark owner meeting the requirements set out in the paragraphs (i - vii) below), rather that trying to litigate against cybersquatters at a later stage. After the “sunrise period”, domain name applications will be treated on a “first come, first served” basis.

It is also important to note that, if you have registered a domain name in Hong Kong after 19
February 2001, you will be required to re-register the domain name between 14 May 2001 and 31 October 2001. Failure to re-register may lead to the termination of your existing registration. If you registered your domain name prior to 19 February 2001 you will have to
elect whether you wish to retain your registration in terms of the old or the new agreement; if in terms of the new agreement, re-registration will be necessary.

In essence the new agreement will change the current status quo in Hong Kong as follows:

• under the new agreement, registrants can now register as many domain names as they need, subject to paragraphs (ii) and (iii) below;
• not only Hong Kong corporate entities or registered Hong Kong branch offices of foreign companies will be able to register domain names in the .hk Country Code Top Level Domain (including .com.hk, .org.hk, .edu.hk), but also individuals resident in Hong Kong;
• domain name registrations will not be registered as part of the “trading stock” of an entity and registration should be based on “genuine commercial need”;
• an annual renewal fee is now payable. This is aimed at ensuring that registrants maintain a
  current interest in their domain name registrations and release the registration when their interest in the domain name ceases. Previously payments only had to be made when changing the registration details of a domain names;
• domain name registrations are now transferable between parties provided that the transferee,
  whether a legal entity or a natural person, has an established presence in Hong Kong as set out
  above and subject to requiring the domain name for a genuine commercial purpose;
• all existing domain name registration holders, who registered their domain names prior to 19
  February 2001, will be entitled to continue their registration under the old agreement, or alternatively, to re-register it in terms of the new agreement. All registrations after 19 February 2001 will be regulated in terms of the new agreement.

Please note that the above is not a comprehensive list of the changes which will be implemented under the new agreement, and serves only as a summary of the most important issues relevant to the domain name registrant, or holder of other IP rights in Hong Kong.

Several new rules regarding dispute resolution have also been published. Should you require more details in this regard, or in regard to costs of registration or any other general queries, please do not hesitate to contact us.