Georgia IP Development

  After the collapse of the Soviet Union, Georgia, similar to other formers, was confronted with severe challenges of reforming its internal and external policy as well as legislation in the field of intellectual property for the revitalization of its economy. In this circumstance, Georgia defined the formation of a national system for intellectual property protection as one of its priorities after gaining its independence. Georgia was the first of the former Soviet republics to create its national patent service “Sakpatenti” in 1992, which later on was transformed into the National Intellectual Property Center. Up to now, Georgia has built an IP system with all the major fields of intellectual property under Sakpatenti’s mandate: industrial property, copyright and related rights, new varieties of plants and breeds of animals.
  Georgia’s integration into the global IP system and regional cooperation enhances international protection of IP rights. Georgia joined WIPO in 1991 and is a member of WIPO treaties. Moreover, at present it is a party to a number of bilateral international treaties. For example, Agreement between the European Union and Georgia on Protection of Geographical Indications of Agricultural Products and Foodstuff was adopted on July 14, 2011 at Brussels by both parties. In addition, the protection of appellations of origin and geographical indication has been a priority of Georgia’s IP system development so as to be in line with EU and boost Georgian agriculture.
  In Georgia, patents can be granted for industrial property objects including inventions, utility models, industrial designs and subject matters which can be regarded as inventions or utility models like devices, methods, substances, microorganism strains and the like.
  The term of validity of the patent for invention is 20 years from the filing date of an application to Sakpatenti, and the term is 10 years for utility models. The term for industrial design is in accordance with the Hague Convention, which is 15 years.
  The Patent Law which regulates relations in connection with the creation, use and legal protection of inventions and utility models was enacted in 1999 and revised in 2010. The Law of Georgia on Design which regulates industrial designs was enacted in May 4, 2010.
  In Georgia, trademarks are protected under Trademark Law of Georgia which was first enacted in 1999 and then revised in 2010.
  A trademark is a sign or combination of signs that can be represented graphically and is capable of distinguishing the goods or services or both of one undertaking from those of other undertakings. The sign may be words, including proper names, letters, figures, designs, sounds, colors, or threedimensional figures, including the shape of goods or their wrapping and also other packaging.
  The trademark is protected by registration at Sakpatenti or by virtue of international Agreement, while wellknown trademarks in Georgia without registration are also protected, under Article 6bis of the Paris Convention. The trademark is recognized as well-known by the Chamber of Appeals of Sakpatenti or by the court, in its competence, upon the request of an interested person.
  The term of validity of a trademark registration shall be 10 years from the date of registration and may be extended indefinitely by consecutive periods of 10 years, on a request filed by the holder after payment of the prescribed fee.
  Law of Georgia on Copyright and Neighboring Rights, which governs copyright, the neighboring rights and the relations associated with makers of databases, was first enacted in 1999 and revised in 2010. According to the Article 2, international agreements, to which Georgia is a party, enjoy the priority against the domestic legislation of being applied if they provide conflicted rules.
  Copyright is secured automatically when the work is created and lasts for the life of the author plus 70 years while the protection of the moral rights shall not be limited in time.
Source: International IP Law Firms 2016
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