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Enforcement of IPRs in Georgia

Georgia

Enforcement of IPRs
The genuine products have fixed high costs (e.g., it is expensive to develop the first copy of a video game), and there are low, marginal costs of duplication. In Georgia, people also consider the lower price of counterfeit goods as the prime reason for purchasing them.
Medicines, cosmetics, spirits, and automotive spare parts are the goods that most often face counterfeiting and piracy.
The laws are as follows:
1. The Patent Law (adopted in 1999)
2. The Trademark Law (adopted in 1999)
3. The Law on Appellations of Origin and Geographical Indications of Goods (adopted in 1999)
4. The Law on Copyright and Neighbouring Rights (adopted in 1999)
5. The Law on Design (adopted in 2010)
6. The Law on Protection of Animal Breeds and Plant Varieties (adopted in 2010)
7. The Law on Topographies of Integrated Circuits (adopted in 1999)
8. The Law on Border Measures Related to Intellectual Property (adopted in 1999)
Patents, industrial designs, trademarks, geographical indications, copyright and related rights, integrated circuit layout designs, and undisclosed information/trade secrets are the different types of IPRs protected by IPR enforcement measures.
No formalities are required for the establishment of copyright and neighbouring rights and the creation of work gives rise to copyright. Rights over certain industrial property (invention, utility models, designs, trademarks, geographical indications, new plant varieties, animal breeds, and integrated circuits) arise as a result of their registration at SAKPATENTI, the Georgian Intellectual Property Rights Center.
Yes; 03 years
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
The damages are inclusive of the attorney fee.
Obtaining a first-instance decision takes approximately 12 to 18 months. Proceedings at the court of appeal or the Supreme Court normally take between 06 months and 01 year.
No
Yes
Yes
A) Responsible Authority - SAKPATENTI, Ministry of Interior Affairs or Investigation Service of Ministry of Finance Georgia, Georgian Courts
B) Imprisonment Term - Copyright: up to 02-03 years; Invention, design, utility model, topography of integrated circuit, new varieties of plants and animal: up to 02-03 years; Trademarks, appellations of origin, geographical indications, and trade names: up to 05 years
C) Monetary Fine - Copyright: liquidated damages of 10,000 GEL; Invention, design, utility model, topography of integrated circuit, new varieties of plants and animal: 3,000 GEL up to 5,000 GEL; Trademarks, appellations of origin, geographical indications, and trade names: 5,000 GEL
Deprivation of commercial activity right, socially useful labor for up to 180 hours in length or corrective labor for up to 01 year.
N/A
The parties may agree to settle the dispute through mediation or arbitration.
Yes
Yes
The remedies available under border control measures (customs) include seizure, detention, and destruction of goods.
The applicant must bear the costs of customs intervention during enforcement.
If an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs then the goods are released from the warehouse.
The practice of criminal investigation and relevant case law are scarce, which makes civil action through the court the most efficient way to enforce an IP owner’s rights.
Yes, for trademarks, There is no "intent to use" provision in Georgia’s trademark statute. Thus, the mark must already be in use to be considered for registration; however, there is no minimum time period of use. Therefore, for parties outside the jurisdiction, beforehand enforcement can be an issue if goodwill is not built in Georgia.