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Custom Recordal of IPRs in Georgia

Georgia

Custom Recordal of IPRs
Yes
No
Yes
The Law of Georgia on Border Measures Related to Intellectual Property
Custom Recordal of IPRs is effective on both import and export of goods.
The role of the customs is to inspect ex-officio/suo moto for infringing goods as well as conduct inspections after the goods are registered.
The applicant may submit an application to the Service to enter an object of intellectual property in the Register ('the Registration') either in writing or electronically through the official website of the Service and require the suspension of the movement of counterfeit goods across the customs border of Georgia or the implementation of any other procedures and also require the protection of the rights of the holder.
An application for registration should include:
a) The name and address of the holder of the right;
b) Information on the object of intellectual property;
c) A list of goods containing the object of intellectual property;
d) A detailed description of the original goods, and any information (including photographs of the original goods and of packaging, and specific and technical data relating to the original goods) that simplifies the process of the recognition of the goods;
e) Information on the producer and the country of origin of the goods, as well as information on importers/exporters of the original goods;
f) Any information on goods produced through the infringement of rights to the object of intellectual property (including information on the origin andl ocation of such goods, or batch of goods, and details necessary to identify their packaging, the movement of the goods, the means of transport used, a consigner, a consignee, or an owner of goods, and on the distinctive marks of the original goods, and goods produced through the infringement of rights);
g) A statement that the applicant undertakes to compensate, for material damage, an importer, an exporter or an owner of goods, and/or another person, as a result of the suspension of goods in the cases provided for by this Law; and
h) The name, address, and other contact information of the representative in legal and technical matters of the holder of the right.
The application for registration should be accompanied by an original copy of a document certifying the rights of an applicant to the object of intellectual property (a certificate, licence agreement, certificate of deposition, or other documents defined by the legislation of Georgia), or a copy thereof certified in accordance with the legislation of Georgia, and/or an original copy of the object of intellectual property, or a copy thereof certified in accordance with the legislation of Georgia, and if the application for registration is submitted by a representative of the holder of the right, a document certifying the authority of representation (a power of attorney, drafted in the Georgian language, or translated and certified by a notary, or any other document certifying the authority of representation) is required.
No
Within 01 day
The customs department/authority has a centralized system.
Yes
The official fee for custom recordal is not specified.
The period of registration shall not exceed 02 years. The period may be extended several times upon the request of an applicant, but not for longer than the period of validity of the rights to the object of intellectual property.
No
The customs department suspends the clearance of imported goods upon determination of infringing nature of goods. This may be before the registration takes place or even after.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
When the goods are held for temporary suspension for a period of 10 days (extension of further 10 days on request) - the confirmation can be made anytime during such period.
No
No
No
No
Goods to be destroyed or after removal of any image, label, imprint, and package containing the object of intellectual property may be used for humanitarian or charity purposes only with the consent of the applicant and provided that such goods do not endanger human life or health.
No, but the rights holder has the option of opting for a court proceeding.
No
No
There is no provision that states the same.