New domain name regulation in Oman
Technology, Media & Telecoms Focus
TheTRA has issued a new regulation, TRA Decision 1152/2/3/2022-5, Issuing the Regulation Regulating Domain names in the Sultanate of Oman.
Law Update: Issue 358 - Technology, Media & Telecoms Edition
Rasha Al ArdahPartner, Intellectual Property
Aida Al JahdhamiAssociate,Intellectual Property
The Telecommunication Regulatory Authority (“TRA”) has issued a new regulation on 23 November 2022, TRA Decision 1152/2/3/2022-5, Issuing the Regulation Regulating Domain names in the Sultanate of Oman (“Decision”). The Decision repeals the TRA decision 119/2012, Regulating Domain Names and TRA Decision 120/2012, Determining the Fees of Accreditation of the Registrar and the Registration Fees of Domain Names Under the Country Code Top-Level Domain (.om) and the Arabic IDN. The New Decision has come into force on 27 March 2023, four months after its publication.
Prior to the issuance of the new Decision, the TRA Decision 119/2012 allowed “.om” domain names to be registered only by administrative system units of the state, companies or institutions that have physical establishment in Oman. Further, it allowed “.co.om” and “.com.om” to be registered only by companies established in Oman and if the company is located outside Oman, it shall have an authorised and registered agent in Oman. Such restrictions did not allow foreign investors that sold their products by way of a distributor or agent and without an establishment in Oman to have a designated website (by having reference to “.om” or “.co.om”) indicating that their products are sold in the Omani market. Nonetheless, the new Decision has relaxed the requirement of restricting “.om” “.co.om” and “.com.om” to Omani companies only. Accordingly, the TRA may permit foreign companies from outside Oman to register “.om” , “.co.om” and “.com.om” domain names, without having a physical establishment in Oman. This will indeed assist foreigners that distribute their products through the appointment of a distributor or agent create a website holding a “.om” “.co.om” and “.com.om” domain names to illustrate to their consumers that their products are sold in the Omani market.
However, the new Decision further adds that the condition and controls of foreign companies with no establishment in Oman to register “.om” , “.co.om” or “.com.om” domain names are yet to be issued by the TRA. Therefore, the new Decision does not fully capture the specific requirement that will enable foreigners to register a “.om” , “.co.om” or “.com.om” domain names and thus further guidance on such point will need to be addressed by the TRA soon. Also, the extent to which the TRA would allow foreign establishments to own “.om” “.co.om” and “.com.om” would need to be clarified.
Decision 119/2022 did not allow registrants to use an expired domain name. In the event a domain name has expired without being renewed, the domain name is suspended for a period not exceeding 30 days. The suspension is only ceased if the domain name is subsequently renewed during the 30-day period.
Decision 119/2022 did not allow registrants to use an expired domain name. In the event a domain name has expired without being renewed, the domain name is suspended for a period not exceeding 30 days. The suspension is only ceased if the domain name is subsequently renewed during the 30-day period. Moreover, Decision 119/2022 urged registrants to file for a renewal of their domain name 90 days prior to its expiration. Nonetheless, the new Decision has now relaxed such provisions, thereby allowing registrants the chance in maintaining and protecting their domain name even after lapse of the expiry date. For example, the new Decision does not suspend a domain name after it has expired. Instead, registrants have an additional period of 30 days to renew the domain name without suspension. Should the registrant still fail to renew after the 30-day period, then the domain name will be suspended for a period of 30 days, during which the registrant can file for a renewal. Furthermore, the new Decision eliminates the requirement of filing for renewal 90 days prior to its expiry. The registrant can now file for a renewal at any time so long as the domain name is renewed prior to its expiry.
Prior to the issuance of the new Decision, domain name transfer was subject to limitations. A registered domain name could not be transferred from one registrant to another except in the following circumstances: where a merger occurs, where a transfer of industrial property right that the domain name constitutes an integral part of it from one registrant to another or in the execution of a judicial ruling or a decision issued by WIPO. However, the transfer of domain names in the new Decision is not subject to any restrictions. Indeed, the registrant has the right to transfer the registration of his domain name to another accredited registrar by virtue of an application to the accredited registrar, whom shall decide on the transfer within 3 days from the date of submission. Indeed, liberating the transfer of domain names allow infringers, if agreed that their domain name is similar to an already existing domain name, to easily transfer an infringed domain name to its owner, without having to file for a cancellation action or a dispute under the URDP.
The new Decision issued by the TRA has indeed relaxed certain provisions to allow the ease of use of domain names in the Omani market. Indeed, allowing foreign companies to use the “.om” “.co.om” and “.com.om” encourages foreign investors who wish to do business in Oman by way of a distributor or agent to create a designated website indicating to consumers that the investor’s domain name are sold in the Omani market. Moreover, relaxing the renewal provision and liberalizing the transfer of domain names aids more protection to the registrant. The TRA Decision has come into force on 23 March 2023.
For further information, please contact Rasha Al Ardah or Aida Al Jahdhami.
Published in May 2023
