Is Custom Recordal of Intellectual Property Rights (IPRs) available in Georgia?
Is Custom Recordal of IPRs compulsory in Georgia?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Georgia?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Georgia?
The Law of Georgia on Border Measures Related to Intellectual Property
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective on both import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
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.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
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.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Within 01 day
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Georgia by land, sea, and air?
The customs department/authority has a centralized system.
Is there an online system for Custom Recordal in Georgia?
What is the official fee for Custom Recordal in Georgia?
The official fee for custom recordal is not specified.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
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.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Georgia?
In which scenario does the customs department/authority suspend the clearance of imported goods?
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.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
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.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
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.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
No, but the rights holder has the option of opting for a court proceeding.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Georgia? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?