WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/GEO/L/1
12 April 2002
(02-2010)
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 Topographies of Integrated Circuits,
as notified by Georgia under Article 63.2 of  the Agreement (see document IP/N/1/GEO1).
Conseil des aspects des droits de propriété
intellectuelle 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 texte1 de la Loi sur les topographies de circuits intégrés,
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 Propiedad
Intelectual 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 texto1 de la Ley de Topografías de Circuitos
Integrados, 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/L/1
Page 2
LAW OF GEORGIA ON TOPOGRAPHIES OF INTEGRATED CIRCUITS
ARTICLE 1
PURPOSE OF THE LAW
This Law regulates property and personal non- property relations arising  in connection
with the registration, exploitation and legal pr otection of the intellectual property object -
topography of integrated circuit.
ARTICLE 2
DEFINITIONS USED IN THE LAW
For the purposes of this Law, unless expressly stated otherwise:
a) integrated circuit (hereinafter - IC) - a product intended to perform an electronic
function in its final or an intermediate form, in which the elements at least one of which isan active element, and some or all of the interconnections are integrally formed in and/oron a piece of material;
b) topography of integrated circuit (hereina fter - topography) - the three-dimensional
disposition, however expressed, of the IC elem ents, at least one of which is an active
element, and of some or all of the interconne ctions, or such a three-dimensional disposition
prepared for an IC intended for manufacture;
c) certificate on topography (hereinafter - certificate) - the document registered in
respect to this Law, granted in the name of topography proprietor, confirming his exclusiverights;
d) application - collection of documents ne cessary for registration of a topography,
made in respect to the prescribed requirements;
e) “Sakpatenti” - National Intellectual Property Center of Georgia, a legal entity
governed by public law, which ensures the rights of natural persons and legal entities in thesphere of intellectua l property protection;
f) Chamber of Appeals - a body existing at Sa kpatenti, which considers the disputes as
regards to the procedure of securing of the rights for the intellectual property objects.
ARTICLE 3
ARISING OF EXCLUSIVE RIGHTS
1. Exclusive right on topography arises by registration of a topography at Sakpatenti.
2. The certificate is granted in the name of the proprietor of the registered topography.
ARTICLE 4
VALIDITY TERM OF EXCLUSIVE RIGHTS
Validity term of the exclusive right on the topography is 10 years as from the registration
date at Sakpatenti.IP/N/1/GEO/L/1
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ARTICLE 5
ORIGINALITY OF TOPOGRAPHY
1. In respect to this law an original topography shall be registered.
2. A topography shall be considered original, if  it is the result of intellectual effort and
was not commonplace at the date of creation.
3. The topography, consisting of elements, that are commonplace for its creation date,
shall be considered to be original, if it is the result of intellectual effort and is notcommonplace in the whole.
4. The topography is considered as original until proving the contrary.5. Exploitation of the topography by the author of topography, or by the other person,
who for the application filing date has the right to secure the certificate, or by the thirdparty, for which said topology became available from the author in direct or indirect way,
during two years before the application filing date does not effect the originality oftopography.
ARTICLE 6
AUTHORS (CO-AUTHORS) OF TOPOGRAPHY
1. As an author of topography (hereinafter  - author) shall be deemed a natural person,
in result of the intellectual efforts of which was created a topography.
2. If the topography was created in result of joint intellectual efforts of several natural
persons, each of them shall be deemed to be a co-author.
3. The author of topography is entitled to have his name mentioned in the certificate.
ARTICLE 7
RIGHT TO SECURE THE CERTIFICATE
1. The author or his successor have the right to secure the certificate.
2. The right to secure the topography certificate, which is the result of joint intellectual
efforts of several persons, is entitled to all the authors jointly, as well as to each of them,where the other authors refuse to obtain the certificate.
3. Where the topography was created by an employee in the course of his employment
or in result of a special order, the right to secure the certificate is entitled to the employer,unless otherwise provided for by the contract concluded between them.
4. Where the right to secure the certificate belongs to the employer, the employee on
basis of mutual agreement is entitled to require the additional relevant remuneration fromthe employer.
5. Where the topography is created pursuan t to state order or in the course of
employment in respect to the contract conc luded between the organizations, the right to
secure the certificate shall be defined by the order or the contract terms.
ARTICLE 8
SCOPE OF THE EXCLUSIVE RIGHTS AND INFRINGEMENT
1. The certificate proprietor has an exclusive right to use the topography at his own
discretion, or prohibit its use. Whereas, the exclusive right does not apply to any idea,IP/N/1/GEO/L/1
Page 4
technique, system, technology or coded info rmation embodied in a topography or IC
created on its basis.
2. As the infringement of the exclusive rights shall be considered the following acts
done without any consent of right holder:
a) copying of the topography or any s ubstantial part thereof with the purpose to
incorporate it in IC or otherwise, with the exception of the part, which is not original;
b) use, import, offer for sale, sell or include otherwise the topography or IC
incorporating the topography in the course of trade.
ARTICLE 9
WARNING INDICATION
The proprietor of topography is entitled to mark the IC or the product containing it
with a warning indication, including the following:
a) letter “T” in a circle;b) topography registration date;c) name of the proprietor.
ARTICLE 10
EXPLOITATION, THAT SHALL NOT BE DEEMED AS
INFRINGEMENT OF EXCLUSIVE RIGHT
1. The following shall not be deemed to be the infringement of exclusive right on
topography:
a) use of the topography, or product inco rporating thereof for sole purpose without
gaining any profit, also for analysis, research or teaching;
b) further distribution of IC or product em bodying IC made by topography proprietor
or on basis of IC distributed with his consent;
c) any action in regard to IC incorporating the topography reproduced without
permission, or in regard to any product in cluding such IC, where the person conducting
such actions did not know or at purchasing the IC or product was not able to know about
topography reproduced illegally. When such a person receives the documentary notification
about illegal use of the topography, he can do any action in regard to the existing stock orordered products, but must pay to  the proprietor of rights a reasonable royalty, that would
be paid for such a topography at purchasing of the license voluntarily.
2. The actions of the subsection 2 of Article 8 shall not be deemed as the infringement
of exclusive rights:
a) exploitation of the identical topograph y made independently by the other person
before publication of the registered topography in the Official Bulletin;
b) creation by the other person of an impro ved topography on basis of research of the
commonplace topography, if the new topography  complies the requirements of originality.
ARTICLE 11
APPLICATION AND FILING OF THE APPLICATION FOR
EXAMINATION
1. An application is filed with Sakpatenti di rectly by the author of topography, his
successor ( hereinafter an applicant), or by their representative.IP/N/1/GEO/L/1
Page 5
2. Foreign persons or their representatives conduct their relations  with Sakpatenti in
respect to the Article 65 of the Patent Law of Georgia.
3. The application must concern to only one topography.4. The application shall contain:a) a request for registration of topography, drawn up in respect to the prescribed rule,
containing: full name of the applicant (title), a ddress and correspondence address, or full
name and address of the representative, where the application is filed by the representative;
b) materials fully illustrating the topography, including the abstract;c) document confirming the payment of the fee for the application examination as to
form;
d) power of attorney issued in the name of representative, where the application is filed
with Sakpatenti by the representative.
5. The application shall be considered as filed from the day, when the request for
registration of topography and materials illu strating fully the topography, including the
abstract, are furnished to Sakpatenti.
ARTICLE 12
EXAMINATION OF APPLICATION, PUBLICATION, GRANTING OF
CERTIFICATE
1. Sakpatenti conducts examina tion as to form, on basis of which takes the relevant
decision on granting of the certificate.
2. Sakpatenti confirms the applications filing date, when the fee for examination as to
form is paid.
3. Where it is recognized, that the application complies with the requirements of the
examination as to form, Sa kpatenti takes the decision on registration of topography.
4. After taking the favorable decision on regi stration of the topography and paying of
the fee, Sakpatenti registers the topography in the “Register of Integrated CircuitsTopographies”, grants the certificate on topogr aphy and publishes the data in the Official
Bulletin of Sakpatenti.
5. Before publishing the data the applicant respecting the Sakpaten ti request, or by his
own initiative can complete, verify and correct the application materials.
6. At pending of the application Sakpaten ti can request the applicant to present
additional materials a nd make the amendments in the application without which the
application cannot be examined.
7. The procedures relating to the applicati on examination and registration are defined
by the approved rule.
ARTICLE 13
FEES
1. For examination as to from, topography  registration, granting of the certificate,
publication of data, annual ma intenance and other legal ac tivities shall be subject to
payment of the fee, the amount and conditions of payment are defined by the rule approved
by legislation.
2. It is admissible to revise the fees respecting the international norms, changes of
national currency rate and inflation.IP/N/1/GEO/L/1
Page 6
ARTICLE 14
TRANSFER OF THE RIGHTS
1. The topography proprietor can transf er the exclusive right on topography.
2. The topography proprietor can grant a licen se on the use o topography to the other
person. The grant of the license contract and re gistration is carried out in respect to the 59,
62 Articles of the “Patent Law of Georgia”.
3. It is admissible to issue the compulsory license only in the cases where the use is
due to the state non-commercial interests, or is conditioned by court or administrative acts
aimed to prevent the unfair competition.
ARTICLE 15
LITIGATION
1. The proprietor of the topography or the party concerned can appeal against the
decision of Sakpatenti or the Chamber of Appeals in respect to the Article 68 and Article69 of the “Patent Law of Georgia”.
2. The proprietor of the topography in the case of litigation relating to the
infringement of his rights can demand:
a) prevention of acts infringing his rights;b) compensation of damages, incl uding the profit he could receive;
c) destruction or confiscation of the IC incorporating the topography used with the
commercial purpose.
ARTICLE 16
USE OF THE RIGHTS AWARDED BY THE LAW
Foreign natural persons and legal entities enjoy the rights provided for by the present
Law in respect to the international treaties  and agreements or on basis of reciprocityprinciple.
ARTICLE 17
DATE OF ENACTING THE LAW
This Law shall enter into force from September 1, 1999.
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