WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/GEO/G/1
12 April 2002
(02-2004)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
GEORGIA
The present document reproduces the text1 of the Law on Appellations of Origin and
Geographical Indications of Goods, as notified by Georgia under Article 63.2 of the Agreement (see
document IP/N/1/GEO1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
GÉORGIE
Le présent document contient le texte
1 de la Loi sur les appellations d'origine et les
indications géographiques pour les marchandises, notifiée par la Géorgie au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/GEO/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
GEORGIA
En el presente documento se reproduce el texto
1 de la Ley de Denominaciones de Origen e
Indicaciones Geográficas de las Mercancías, notificado por Georgia en virtud del párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/GEO/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/GEO/G/1
Page 2
LAW OF GEORGIA ON APPELLATIONS OF ORIGIN AND GEOGRAPHICAL
INDICATIONS OF GOODS
ARTICLE 1. PURPOSE OF THE LAW
This Law regulates the relations formed in connection with registration, protection
and use of goods (services) appellations of origin and geographical indications.
ARTICLE 2. MAIN DEFINITIONS USED IN THE LAW
The definitions used in the Law have the following meaning:
a) Sakpatenti - National Intellectual Property Center of Georgia - a legal entity
governed by the public law, which creates the legal grounds for acquisition of the rights ofnatural persons and legal entities in the sphere of intellectual property.
b) State Register of the Appellations of Origin and Geographical Indication of Goods
- the unity of the appellations of  origin and geographical indicati ons data, also the data of the
persons entitled to the use of the registered appellations of origins and geographicalindications.
c) Application - collection of the documents necessary for registration of an
appellation of origin and geographical indication, or for acquiring  of the right to the use of the
registered appellation of orig in or geographical indication.
d) Applicant -  a natural person or lega l entity or voluntary association of the
producers in spite of their organizational-legal from, claiming for the registration of theappellation of origin or the geog raphical indication or for the righ t to the use of the registered
appellation of origin or  geographical indication.
e) Organoleptic characteristics - the charact eristics of goods, the evaluation of which
is carried out by means of human sense organs.
ARTICLE 3. APPELLATION OF ORIGIN AND GEOGRAPHICAL
INDICATION
1. Appellation of origin is the modern or historical name of a geographical place,
region or, in exceptional cases, a name of a count ry (hereinafter referred to as "geographical
area"), used for designation of the  goods:
a) originating within the given geographical area;b) the specific quality and features of which are essentially or exclusively due to a
particular geographical envi ronment and human factors;
c) production, processing and preparation of  which take place within the defined
geographical area.IP/N/1/GEO/G/1
Page 3
2. Geographical indication is the name or any other symbol indicating a geographical
area and is used to designate the goods:
a) originating in that geographical area;
b) the specific quality, reputation, or other characteristics of which are attributable to
that geographical area;
c)  production, or processing or  prepara tion of which take place in the defined
geographical area.
3. If a  traditional geographical or  non-ge ographical name create a notion  for public
as to the origin of goods from the given geog raphical area, and the requirements of paragraph
1 Article 3 are fulfilled, then the said name can be regarded as appellation of origin of thegoods.
4. Irrespective of the requirements of paragr aph 1 Article 3 as an  appellation of origin
can be considered the name of a geographi cal area where, for the purposes of goods
production, raw materials come from the area  larger  or different from said geographical area,
if : the different boundaries of the geogra phical area and conditions for raw material
production are determined; there are inspection a rrangements to ensure that those conditions
are adhered to.
5. For the purposes of paragraph 4 of this Article, only live animals, meat and milk
may be considered as raw materials.
ARTICLE 4. PROTECTION OF APPELLATIONS OF ORIGIN AND
GEOGRAPHICAL INDICATIONS
1. Protection of an  appellation of origin  and geographical indication is conducted on
basis of registration at Sakpaten ti or the international agreement.
2. Protection of an appellation of origin  and geographical indication of another
country is conducted on basis of  an international agreement.
3. The appellation of orig in and geographical indication protected under the
international agreement shall be registered at Sakpatenti.
ARTICLE 5. GROUNDS FOR REFUSAL OF APPELLATIONS’ OF ORIGIN AND
GEOGRAPHICAL INDICATIONS’ REGISTRATION
 As an appellation of origin or a geographi cal indication shall not be registered the
name or any other symbol, which:
a) does not comply with th e requirements of Article 3;
b) has become a generic name, although it relates to the geographical area where the
goods were produced, processed, or prepared;IP/N/1/GEO/G/1
Page 4
c) is likely to mislead the public as to the origin of the goods;
d) contradicts to the national dignity, religion and traditions, public morality and
order;
e) where it conflicts with the name of a plant variety or an animal breed, that is likely
to mislead the public as to the true origin of the goods.
ARTICLE 6. PROTECTION OF HOMONYMOUS APPELLATIONS OF ORIGIN
AND GEOGRAPHICAL INDICATIONS
If an appellation of origin or geographical indication registered in Georgia, or any
name of the geographical area of Georgia is identical to an appellation of origin andgeographical indication protected in the othe r country, then the rule of protection and
conditions of use of said indication in Georgi a is defined by the respective intergovernmental
agreement.
ARTICLE 7. APPLICATION  FOR REGISTRATION OF AN APPELLATION OF
ORIGIN OR GEOGRAPHICAL INDICATION
1. An application for registration of an appe llation of origin or geographical indication
is filed with Sakpatenti by an applicant.
2. The application shall apply to one appella tion of origin or geographical indication.
3. The application shall be co mpiled in Georgian language.
4. The application shall include:a) a  request for registration of an appe llation of origin or geographical indication;
b) the full name and legal address of the applicant;
c) the appellation of origin or geographical indication;d) the name of the goods for which the re gistration of the appellation of origin or
geographical indication is sought;
e) the description of the goods and the ra w material, with the indication of their
chemical, physical, microbiological and/or  organoleptical and other characteristics.
f) description of  the geographical ar ea location, by indicating its exact bounds;
g) the document issued by the local administrative body confirming that the goods
originate from that geographical area;IP/N/1/GEO/G/1
Page 5
h) the description of production specific conditions and methods characterizing the
production technology of the goods and relevant geographical area, in case of existence of the
mentioned.
i) the documents confirming, that the specific quality, or properties of the goods are
essentially or exclusively due to a particul ar geographical environment with its inherent
natural and human factors, or specific quality, reputation or characteristics are attributable tothis geographical area;
j) the document confirming the payment of the prescribed fee;k) a power of attorney issued by an applicant in the name of his representative, if the
application is filed by the representative;
l) signature of the applicant or his representative.5. The documents and data stipulated by the subparagraphs e, f, h and i of the
paragraph 4 shall be prepared  and confirmed in accordance  with the rule approved by
legislation of Georgia.
ARTICLE 8. EXAMINATION, PUBLICATION, REGISTRATION
1. Sakpatenti checks whether the application complies the requirements of the Article
7 of this Law, whether there exist the grounds defined by the subparagraphs b, c, d, e Article5 of this Law and conducts the search in resp ect to the trademark, appellation of origin and
geographical indication databases.
2. If the grounds defined by the subparagra phs b, c, d, e Article 5 exist Sakpatenti
takes the decision on refusal of the fu rther examination of the application.
3. If the application complies the requireme nts defined by the Ar ticle 7 paragraph 4
subparagraphs e, f, h and i for additional consid eration the application is send to the Ministry
of relevant field.
4. If the application complies the requirements of the Article 7 of this Law and the
grounds defined by the Article 5 paragraphs b, c,  d, e does not exist, Sakpatenti publishes the
application materials in the Official Bulletin of  the Industrial Property of Georgia (hereinafter
the Bulletin), in one central and one local newspaper.
5. If within three months after the publication of the application materials the
additional information shall be presented to Sakpatenti, this information shall be send forconsideration to the Ministry of  relevant field.
6. If no information is presented within three months from the publication of the
application materials, Sakpatenti takes the decision on regi stration, records the data in the
State Register of the Appellations of Origin or Geographical Indications (hereinafter the
Register) and publishes the data in the Bulletin.IP/N/1/GEO/G/1
Page 6
7. In the Bulletin shall be published the following data:
a) an appellation of origin  or geographical indication;
b) the name of goods for which the appella tion of origin or geographical indication
was registered and description of its specific features;
c) description of the geographical ar ea, showing the exact borders thereof;
d) full name and legal a ddress of the applicant.
8. The registration of the appellation of origin or geographical indication is limitless.
ARTICLE 9. FEES
 The fee defined in respect to the legislation of Georgia shall be paid for examination
of an application for an appellation of origin or geographical indication,  entering changes in
the Register, publication, issuing of the extract from the Register, also for other legal actions
regarding the protection of an appellati on of origin and geographical indication.
ARTICLE 10. REGISTRATION OF AN APPELLATION OF ORIGIN AND
GEOGRAPHICAL INDICATION ABROAD
Legal entities  and natural persons of Georgia have the right to present the appellation
of origin and geographical indication for regist ration in other country after their registration
in Georgia.
ARTICLE 11. SCOPE OF PROTECTION OF  APPELLATIONS OF ORIGIN AND
GEOGRAPHICAL INDICATIONS
1. Proceeding from the registration of th e appellation of origin or geographical
indication is prohibited the following:
a) any direct or indirect commercial use of  an appellation of or igin or geographical
indication registered in respect to the goods not  covered by the registration, insofar as those
goods are similar to the registered goods or inso far as using the name exploits the reputation
of the registered appellation of origin or geographical indication;
b) any use of the registered  appellation of origin and geographical indication, which
word for word designates the real place of goods  manufacture, processing or preparing of the
raw material, but is likely to mislead the public as to the true origin of the goods; or
c) any use of such a name or indica tion, which is the imitation or evocation of
registered appellation of origin or geog raphical indication, even in translation, or
accompanied with such words as “type”, “styl e”, “similar”, "as produced in”, “method”, etc.IP/N/1/GEO/G/1
Page 7
d) any use of misleading indication as to the origin, essential qualities or features of
the goods on the packaging, on an advertisin g material, or on documents relating to the
goods.
e) any packaging or presentation of a goods which can convey false impression as to
its origin.
2. Where a registered appellation of origin  or geographical indication contain the
generic name of the goods, the usage of that generic name shall not fall within the scope of
Article 11.
3. The protected appellation of origin  or geographical indication cannot be
transformed into the generic name.
ARTICLE 12. THE USE OF THE REGISTER ED APPELLATION OF ORIGIN AND
GEOGRAPHICAL INDICATION
1. Any natural person or legal entity, whic h obtain or process the raw or have real
undertaking in the boundaries of the registered  appellation of origin ’s or geographical
indication’s geographical area and the special qua lity, features and reputation of the produced
goods is completely conditioned or connected with this geographical area, can present the
application to Sakpatenti for the right to the use of the registered appellation of origin orgeographical indication.
2. Sakpatenti records the data of the person entitled to the use of the registered
appellation of origin or geographi cal indication in the Register.
3. The right to the use shall be revised on ba sis of  inspection. The rule and periodicity
is defined by the legislation of Georgia.
4. The use of the registered appellation of origin or geographical indication by the
person, who is not registered as th e holder of the right, is prohibited.
ARTICLE 13. CANCELLATION OF THE REGISTRATION OF AN APPELLATION
OF ORIGIN OR GEOGRAPHICAL  INDICATION
1.  The registration of an appellation of origin or geographical indication  can be
canceled if:
a) the registration has taken place under vi olation of the requirements of this Law;
b) due to changing or disappearing of natu ral or humane factors, characteristic of the
given geographical area, becomes impossible to  produce such goods which would  have the
exclusive quality and properties indicated in the Register;
2. The protection of the appella tion of origin or geographical indication of a foreign
country shall be canceled in respect to the rule defined by inter-state agreement.IP/N/1/GEO/G/1
Page 8
ARTICLE 14. RELATIONSHIP BETWEEN AN APPELLATION OF ORIGIN OR
GEOGRAPHICAL INDICATION AND A TRADEMARK
1. If after filing with Sakpatenti of an application for registration of an appellation of
origin or geographical indication, with Sakpatenti is filed an a pplication for registration of a
trademark, which is identical with or similar to the  appellation of origin or geographicalindication and in result of the registration of appellation of origin or  geographical indication
there exists one of the conditions defined by th e Article 11 of this Law the pending of such an
application for trademark is retained until taking of the decision on registration of theappellation of origin or  geographical indication.
2. If at filing of the application for appellation of origin or geographical indication
with Sakpatenti, the application for registration of a trademark, which is identical with orsimilar to the appellation of orig in or geographical indication, has been already filed, but the
decision on registration of this trademark, has not  been taken and in result of the registration
of the appellation of origin or geographical indication ther e exists one of the conditions
defined by the Article 11 of this law the pending of the application for trademark is retaineduntil the decision on registration of the appellation of origin or geographical indication istaken.
3. If Sakpatenti takes the decision on refu sal of the registration for appellation of
origin or geographical indication, the consideration of the tradem ark application is retained in
respect to the paragraph 1 and 2 of the Article sh all continue at the request of the applicant by
preserving of the filing date.
4. If by the use of trademark or its regi stration was caused the infringement defined by
the Article 11 of this Law, then the appeal shall be drawn within 5 years from the day of theinfringement of the rights of the appellation of origin or ge ographical indication or from the
registration day of the trademark, if for this day the trademark has been already published and
this date is earlier than the date of recognition of the rights infringement.
5. If one of the infringements defined by the Article 11 of this Law takes place by
using of the trademark registered before th e registration of the appellation of origin or
geographical indication, the interested person ca n appeal claiming the prevention of the use
of such trademark within 5 years term from the day of recognition of the infringement inrespect to the appellation of origin or geogra phical indication. In the case of disagreement
among the parties the use of the registered tr ademark may be continued temporarily, but no
longer than the registration term.
6. If the trademark was registered in breech of the requirements of the paragraphs 1 or
2 of this Article, the registration of such a trademark is annulled on basis of the Court
decision.
7. The registration of the trademark and its  fair use is not terminated, if the
registration was conducted before the beginning of protection of the appellation of origin or
geographical indication in the country of origin or  before this Law enters into force, whereas
the coexistence of the trademark and appellation of origin or geographical indication must not
lead the public into confusion, as to the origin of the goods.IP/N/1/GEO/G/1
Page 9
8. The Article 11 of this Law is not applied for the trademark used for at least 10
continuous years before April 15, 1994 ( before  the signing date of the World Trade
Organization Agreement).
9. Taking into account the reputation of th e registered trademark its notoriety and
longevity of use, it is admissible not to regi ster the appellation of origin or geographical
indication, if such a registration leads the public into confusion as to the true origin of the
goods.
ARTICLE 15. RESPONSIBILITIES FOR INFRINGEMENT OF THE RIGHTS ON
APPELLATION OF ORIGIN OR GEOGRAPHICAL INDICATION ARISING FROMTHE REGISTRATION
Infringement of the right arising from registration on an appellation of origin or
geographical indication causes civil, administr ative or criminal responsibilities in accordance
with the current legislation.
ARTICLE 16. THE SUIT REQUIREMENTS
The holder of the right for the use of an  appellation of origin or geographical
indication, is authorized to bring an action agai nst infringing party in the court and require the
following:
a) prevention of the acts of infringement;b) compensation of damages:c) confiscation of illegally produced goods and the equipment used for production of
said goods;
d) destruction of all those la bels, tags, drawings, imprints, packing, packing materials
and advertisements including the registered name.
ARTICLE 17. TRANSITIONAL PROVISIONS
1. In three months after enacting of this Law Sakpatenti shall el aborate and approve in
respect to the established rule the “Instruction on Presenting of the Application for theAppellation of Origin and Ge ographical Indication and Procedures Relating to the
Registration”.
2. Sakpatenti together with the Ministries and other offices concerned shall elaborate
and for October 1, 1999 submit to the President of Georgia the Regulations on Defining of
Geographical Area Boundaries Respecting the Goods Appellation of Origin and
Geographical Indication, on Studying, Defining  and Control of the Link between the Goods
Respective Characteristics to the Geographical Area.IP/N/1/GEO/G/1
Page 10
3. Sakpatenti together with the Ministries and other offices concerned shall elaborate
and submit to the President of Georgia for approval the list of appellation of origin andgeographical indication goods produced in the Ge orgia to be provisioned in the international
agreements.
ARTICLE 18. FINAL PROVISIONS
This Law shall enter into force from November 1, 1999.
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