A domain name usually forms part of a website address or an email address. Domain name is a digital asset that represents a company's unique online presence and its place of business.
Hong Kong Internet Registration Corporation Limited (HKIRC) is a not-for-profit and non-statutory corporation designated by the Hong Kong Government to administer the registration of Internet domain names under .hk and .香港 country-code top level domains.
HKIRC provides registration services through its registrars for domain names ending with .com.hk, .org.hk, .gov.hk, .edu.hk, .net.hk, .idv.hk, 公司.香港, .組織.香港, .政府.香港, .教育.香港, .網絡.香港, .個人.香港, .hk and .香港.
Registration of domain name is done through the list of accredited registrars of HKIRC. Domain names are registered on a first-come, first-served basis, subject to any eligibility criteria.
Domain name can be protected by trade mark law if it is a reflection of a registered trademark in Hong Kong. It is not protected by copyright.
Registering another person’s trademark as domain names may be an act of trademark infringement and passing-off, usually refer to as Cybersquatting.
Cybersquatting is an act of an unauthorised party with no legitimate interest in a domain registers a domain name identical or similar to another business’s trade mark or trading name. This is usually for commercial gain, to resell back to the legitimate owner, or to park the domain on a page that generates revenue through advertisements.
Trademark owners can apply to the Court for injunction against such registration and seek compensation for loss suffered as a result of the infringement of intellectual property rights.
Another way to resolve the domain name disputes is by way of HKIAC arbitration pursuant to the Domain Name Dispute Resolution Policy (“DNDRP”). This is incorporated into every agreement for use and registration of a HK Domain Name and requires the registrant to submit to a mandatory arbitration proceeding.
For E-commerce or online business legal services, please contact Chow & Cheung, Hong Kong Solicitors & Notary Public (Email: cac@ccsn.hk).
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The above contents do not constitute legal advice or service and it should not be regarded as a substitute for detailed advice or service in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.