RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/290
5 July 2001
(01-3353)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Georgia to the questions posed by Canada, the European Communities
and their member States, Japan, Switzerland and the United States
By means of a communication from the Permanent Mission of Georgia dated 15 June 2001,
the Secretariat has received the following responses to the questions posed by Canada, the European
Communities and their member States, Japan, Switzerland and the United States as circulated in
documents IP/C/W/261, 274, 258, 263 and 268, respectively.
_______________
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement)
have been implemented.
Chapter XIV ("Production of Evidences") of the Civil Procedure Code of Georgia conforms
with Article 43.1 of the TRIPS Agreement.
Under Chapter XIV "The person which has reasonable grounds to think that further
submission of necessary for him evidences shall become impossible or difficult may request the courtto produce these evidences.  Production of evidences is permitted before bringing an action before
court" (Article 109).
Production of evidences before bringing the action before the court is conducted by, a judge
of that district or region, under jurisdiction of whic h the procedural action for production of evidences
must be taken. (Article 110).
Appeal against the judgement of the court on production of evidences is not allowed.  The
negative judgement on production of evidences may be appealed against. (Article 119)
Under Article 2 of the Civil Procedure Code of Georgia: "For each person protection of
his/her right is available by civil Judicial procedures".
In Georgia the right to possess the objects acquired in result of the intellectual activity is
protected in the same way, as the right of possession on other assets.  Proceeding from the mentionedthe norms of the Civil Code are applied against injury of the property and relate to the enforcement, as
well as to the damages suffered in result of the infringement of this right (including neglected profit),
as applied to the intellectual property.
Remedies for protection of exclusive rights of a right holder are given in detail in legislative
acts regulating respective relations, in particular:IP/C/W/290
Page 2
Under Article 59 of the Law of Georgi a on Copyright and Neighbouring Rights:
1. The holders of the exclusive copyright and neighbouring rights can demand from the
infringer:
a) recognition of the right;
b) restoration of the state existing before the infringement and preventing of the
actions infringing the right or creating, the danger of its infringement;
c) reimbursement of the losses, including the neglected profit;
d) instead of the reimbursement of losses demand the confiscation of the
income, obtained by the infringer by infringing of copyright and
neighbouring rights;
e) instead of reimbursement of losses and confiscation of income paying the
compensation, the amount of which is determined by the court;
d) taking other measures related to protection of their rights, provided by the
legislation of Georgia.
2. The measures defined by subparagraphs "c", "d" and "c" of this Article are applied by
choice of the copyright and neighbouring rights holder.
3. At determining of the reimbursement of losses the court shall consider the essence of
infringement, the moral and economic damage caused to the holder of copyright and
neighbouring rights, as well as the expected income, which could be received by the
author or other holder of copyright and neighbouring rights at lawful use of the work
or neighbouring rights object.  At compensation of damages the court expenses,
including the representative and lawyer fees, shall be taken into account.
Under Article 69 of the Patent Law of Georgia:1. The patent owner has the right to appeal against the infringement of the rights
proceeding from a patent.
2. The holder of the exclusive licence has the right to appeal against the infringement of
the rights derived from the patent, if a patent owner himself, during the reasonable
time from receipt of the notification on infringement does not present the appeal to
the Court.
Under Article 45 of the Law of Georgia on Trademarks:
1. The infringement of the exclusive rights to the trademark results in the responsibility
pursuant to rule defined by the legislation of Georgia.
2. In the case of the exclusive rights infringement the holder of the trademark can appeal
to the court and demand:
a) the prevention of acts infringing his rights;b) the compensation for damages;IP/C/W/290
Page 3
c) destruction of all those labels, pictures, imprints, packaging, packaging
materials and advertisements containing the registered trademark or its copy,
resemblance or imitation;
d) destruction of the plates, matrices and clichés prepared for making the
trademark and if separation of the trademark from the goods is impossible -
the destruction of the goods.
Under Articles 15 and 16 of the Law of Georgia on Appellations of Origin and Geographical
Indications of Goods:
1. Infringement of the right arising from registration on an appellation of origin or
geographical indication causes civil, administrative or criminal responsibilities in
accordance with the current legislation.
2. The holder of the right for the use of an appellation of origin or geographical
indication is authorised to bring an action against infringing party in the court and
require the following:
a) prevention of the acts of infringement;
b) compensation for damages:
c) confiscation of illegally produced goods and the equipment used for
production of said goods,
d) destruction of all those labels, tags, drawings, imprints, packing, packing
materials and advertisements including the registered name.
Under Article 15.2 of the Law of Georgia on Topographies of Integrated Circuits: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 for damages, including the profit he could receive;
c) destruction or confiscation of the IC incorporating the topography used with
the commercial purpose.
Chapter XXIII of the Civil Procedure Code of Georgia complies with Article 50 of the TRIPS
Agreement.
Under the provisions of the Chapter XXIII "An applicant may apply to the court with a
request on provisional measures.  The request must contain the circumstances due to which the
provisional measures not taken may make difficult or impossible the enforcement of the judgement,
also indication of the provisional measures considered by the applicant as necessary" (191).
Under Article 192 "In the case which must not be delayed, the request on provision of
suit may be submitted before bringing the action at the court".  In such a case on basis of request of
the defendant the court shall determine a reasonable period during which, if the applicant does not
initiate the suit, the court shall revoke the adop ted provisional measures on basis of defendantsIP/C/W/290
Page 4
request.  Mentioned period under the Law of Georgia on Border Measures Relating to the Intellectual
Property makes 14 calendar days.
The application on provisional measures shall be considered by the court on the day of
application submission without notification of the defendant, i.e. in respect to the principle - inaudita
altera parte (Article 193).  Article 194 ensures the defendants right to appeal against the adopted
provisional measures within 5 days after the receipt of the notice.  Article 198 provides for provisional
measures, among them arrest of defendant's property, securities and money, resources; prohibition of
certain actions to the defendant.
Under Article 199: "The court is authorized to order the applicant to provide the defendant
appropriate compensation for any expected injury".  As the court practice shows, such provision maybe the deposition by, the applicant of money or other securities to the th ird party payment account,
loan, bank or financial guarantees etc.
The Civil Procedure Code of Georgia also provides for charging the expenses related to the
Court procedure to the loser.
2. What protection does your Copyright le gislation afford to “foreign works”?
The Law of Georgia on Copyright and Neighbouring Rights affords the same protection to
foreigners as to the nationals.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
The Patent Law of Georgia does not directly provide for measures necessary to protect public
health and nutrition.
Though under Article 61.5 of the Patent Law of Georgia:
The official license is a kind of compulsory license and is granted only in case of demand
from the State Bodies, if the necessity of a patent use for the national defense, humane health
protection, or the economic interests of the country is proved.  An official license is granted beforeexpiration of the four years period stated in the paragraph 2 of this Article.
The legislators meant the requirement defined by Article 27.2 of the TRIPS Agreement,
namely "to protect ordre public  or morality, including to protect human, animal or plant life or health
or to avoid serious prejudice to the environment".  These provisions have never been invoked in
Georgia.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as specified in Article 9 which requires Members to
comply with Articles 1-21 of the Berne Conv ention and the Appendix to the Berne Convention
(1971)).IP/C/W/290
Page 5
The Law of Georgia on Copyright and Neighbouring Rights is in compliance with the Berne
Convention and meets the minimal requir ements prescribed by the Convention.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Article 18 of the Law of Georgia on Copy right and Neighbouring Rights defines the
economic rights of the authors, in particular:
1. The author or other holder of copyright have the exclusive right to the use of the
work in any form.
2. The exclusive right to the use of the work means the right to exercise, permit or
prohibit the following:
a) reproduction of work (right on reproduction);
b) distribution of the original or copies of the work among public by sale or
lease or transfer of property or ownership on other way (right ondistribution);
c) importation of copies of the work with the purpose of distribution,
including those copies made with the consent of the author or other holder
of the right (right on importation);
d) public display of the work (right on public display.  This right does not
apply, where the public display is the result of lawful purchase of the work
included in the course of trade;
e) public performance of the work (right on public performance);
f) public transmission of the work in ether or by cable including primary
and/or secondary transmission (right on public transmission);
g) transmission of the work (right on translation);
h) remake of the work (right on remake).
3. The author or other holder of the copyrigh t is entitled to receive the royalty for the
use of the work in any form (right on royalty),
4. If the copies of the work published lawfully are sold, then their further distribution
without author’s consent and payment of royalty is permitted.
5. The author or other holder of copyright on musical work expressed in notes,
audiovisual work, computer program, database, work fixed on phonogram, orvisual record have the exclusive right on distribution of said work originals or
copies by renting, without prejudice on the property right on said original or copies.
6. The exclusive right to the use of architectural, urban planning and landscape
architecture projects include the right on realization of the project.IP/C/W/290
Page 6
7. The amount of the royalty, rule of its calculation at any use of the copy is defined
by copyright, as well as by the contract concluded between the users and the
organization administering economic rights of authors on collective basis.
8. The person, who after expiration of copyright term, publishes first the work, which
was not published earlier, shall have the property right on the work provided for by
the paragraph 2 of this Article.
9. The limitations of economic rights stipulated by paragraph 2 of this Article are
defined by Articles 21-28 of this law, provided that, such limitations do no prevent
the normal use of the work and damage unreasonably the legal interests of the
author or other holder of copyright.
The authors of the computer program and data bases apart from the rights mentioned above
have the following rights:
1. An author of computer program along with the rights defined by Article 18 of this
Law enjoys the exclusive right to exercise, permit or prohibit the following:
a) reproduction of computer program by any means and in any form,
completely or partially.  The authors consent is necessary, if such a
reproduction is required for loading, display, operation, transmission orsaving of the computer program;
b) translation, adaptation, systematization or other changes of computer
program and further reproduction of obtained results by preserving the
rights of the person changing the computer program;
c) spreading of the original or copies of computer program in the public in
any form, including leasing.  With the first realization of program copies
in Georgia by the author or with his consent the right of control on
spreading such copies within the territo ry of Georgia is exhausted, with the
exception of the right - to control further leasing of program original or
copies.
2. An author of database along with the right defined by Article 18 of this Law enjoys
the exclusive right to exercise, permit or prohibit the following:
a) temporary or permanent reproduction of database by any means and in any
form, completely or partially;
b) translation, adaptation, systematization or other changes of database and
reproduction, public transmission, display or performance of database;
c) spreading of the original or copies of database in the public in any form. In
Georgia with the first realization of database copies by the author or with
his consent, the right of control on sale of such copies is exhausted within
the territory of Georgia;
d) any transmission, display or performance before public, including direct
transmission in dialogue regime.IP/C/W/290
Page 7
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
Law on Copyright and Neighboring Rights provides for rental rights.
Under Article 18.5: The author or other holder of copyright on musical work expressed in
notes, audiovisual work, computer program, databa se, work fixed on phonogram, or visual record
have the exclusive right on distribution of said work originals or copies by renting, without prejudice
on the property right on said original or copies.
And under Article 19.1 c):1. An author of computer program along with the rights defined by Article 18 of this
Law enjoys the exclusive right to exercise, permit or prohibit the following:
a) reproduction of computer program by any means and in any form,
completely or partially.  The authors consent is necessary, if such a
reproduction is required for loading, display, operation, transmission orsaving of the computer program;
b) translation, adaptation, systematization or other changes of computer
program and further reproduction of obtained results by preserving the
rights of the person changing the computer program;
c) spreading of the original or copies of computer program in the public in
any form, including leasing.  With the first realization of program copies in
Georgia by the author or with his consent the right of control on spreading
such copies within the territory of Georgia is exhausted, with the exceptionof the right - to control further leasing of program original or copies.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
The Law on Copyright and Neighbouring Rights for performers, producers of phonograms
(sound recordings) and broadcasting organizations provides for the following rights:
Article 47. Rights of Performer
1. A performer on his performance has the following personal and economic rights:
a) the right on the name;b) the right to protect his performance from any distribution, or other
infringing, which may damage the honour, dignity or business reputation
(right on respect of reputation);
c) the right to use the performance in an y form, including the right to receive
royalty for the use of the performance in any form;
2. The exclusive right to the use of the performance means to permit or prohibit the
following:
a) recording of the performance, which was not recorded before;IP/C/W/290
Page 8
b) reproduction of the performance record, with the exception of the cases,
when the performance was recorded with the consent of the performer and
the reproduction is carried for the same purpose, for which it was recorded;
c) transmission of the performance by broadcast or cable, or other
communication to the public of the performance, with the exception of
cases, when there is transmitted the earlier recorded or transmitted
performance with the consent of the performer;
d) transmission of the recorded performance by broadcast or cable, if this
performance was not recorded initially for the purpose of gaining profit;
e) leasing to the publisher the phonogram or visual record, on which the
performance is fixed with the participation of the performer.
3. The permission provided for by the paragraph 2 of this Article is granted by the
performer, and permission on the performance or performers’ collective - by thehead of such a collective, on the basis of the written contract concluded with the
user.
4. Conclusion of the contract between the performer and the broadcasting
organization on transmission of the performance by broadcast or cable, results intransfer of the right on recording of the performance, on its further transmission
and reproduction of the record in the case, if it is directly provided for by the
contract.  In the case of such use the amount of the royalty payable for the
performance is determined by said contract.
5. Conclusion of the contract on creation of  audiovisual work between the performer
and the audiovisual work producer results in transfer of the rights provided for by
the paragraph 2 of this Article, if there is not provided for otherwise by the
contract.  Transfer of such rights by the performer is limited to the use of the
audiovisual work and unless there is not provided for otherwise by the contract, it
does not include the right to separate the use of sound and the image fixed in the
audiovisual work.
6. Conclusion of the contract on recording of the performance on the phonogram or
video gram between the performer and producer of phonogram or visual record
results in transfer of the right by the performer on leasing of the phonogram or
visual record, whereas the performer preserves the right to receive the royalty forleasing the copies of such phonogram or visual record.
7. For the performance created at fulfilment of official duties or by the order of the
employer, the performer enjoys the right on the name.  The exclusive right to the
use of such performance belongs to the person with whom the performer has labourrelations, unless provided for otherwise by the contract concluded between them.
8. The exclusive right defined by the paragraph 2 of this Article may be transferred to
the other party.
Article 48.  Exclusive rights of phonogram producer
1. The producer of the phonogram enjoys the exclusive right to use the phonogram in
any form, including the right to receive the royalty for using the phonogram in each
form.IP/C/W/290
Page 9
2. The exclusive right to the use of phonograms means the right to conduct, permit or
prohibit:
a) reproduction of the phonogram;b) first distribution of the phonogram copies;c) leasing of phonogram copies;
d) distribution of the phonogram copies in the public through leasing, or
transfer of the property or ownership in any way;
e) importation of phonogram copies with the purpose of distribution,
including those copies produced with the consent of phonogram producer.
3. The exclusive right of phonogram producer provided for by the paragraph 2 of this
Article can be transferred to the other party under the contract.
Article 49.  Exclusive rights of visual record producer
1. The producer of the visual record enjoys the exclusive right to use the visual record
in any form, including the right to receive the royalty for using the visual record in
each form.
2. The exclusive right to the use of visual record means the right to permit or prohibit:
a) reproduction of the visual record;
b) first distribution of the visual record copies;c) leasing of visual record copies;d) distribution of the visual record copies in the public through leasing, or
transfer of the property or ownership in any way;
e) importation of visual record copies with the purpose of distribution,
including those copies produced with the consent of visual record
producer.
3. The exclusive right of visual record producer provided for by the paragraph 2 of
this Article can be transferred to the other party under the contract.
Article 50. Exclusive rights of broadcasting organization
1. The broadcasting organization enjoys the exclusive right to use its program in any
form, including the right to receive the royalty for using the program in each form.
2. The exclusive right to the use of progra m means the right to permit or prohibit the
following:
a) recording of the program;IP/C/W/290
Page 10
b) reproduction of program record, with the exception of the cases, when the
program is recorded with the consent of broadcasting organization and the
reproduction is conducted with the same purpose, for which it was fixed;
c) simultaneous transmission by broadcasting and by cable, respectively by
aerial and cable broadcasting organization;
d) transmission of the program by aerial of cable;e) public transmission of the program, where the entry is paid;f) distribution of the program record in the public by sale or leasing, or
transfer of property or ownership through other ways.
Besides the Law provides for the following limitations:Article 51. Free use of neighbouring rights object
1. The limitations of neighbouring rights provided for by this Law does not prevent the
normal use of the performance, phonogram, visual record, program of broadcasting
organization and does not damage unreasonably the lawful interests of the performer,
phonogram or visual record producer and broadcasting organization.
2. The use of performance, phonogram, visual record, broadcasting organization
programs and their records without consent of the performer, phonogram or visual
record producer and broadcasting organization and without payment of the royalty to
them, is permitted in the following cases:
a) at citing in the form of excerpts from the performance, phonogram, visual
record, the program of broadcasting  organizations, provided that such
citation is carried out for scientific, research, polemic, critical and
information purposes - only in such volume, which is justified by the set
purpose;
b) at teaching or scientific research in the form of excerpts and illustrations -
only in the volume justified by the set purpose;
c) at reviewing of current events inserting of short excerpts from the
performance, phonogram, visual record, the program of broadcasting
organization.
3. The use of performance, program of broadcasting organization and their records by
the natural persons, as well as the reproduction of phonogram or visual record for
personal purposes without the consent of the performer, broadcasting organization,
phonogram or visual record producer is permitted.  Such reproduction is conductedunder the condition of paying the royalty by the rule defined by Article 21 of this
Law.
Article 52.  Use of phonograms produce for commercial purposes
1. It is permitted, without consent of the producer of phonogram produced for the
purpose of gaining profit and the performer of the work fixed in the phonogram,
but by paying the royalty to do the following:
a) conduct public performance of phonogram;IP/C/W/290
Page 11
b) transmit the phonogram by aerial or cable.
2. Collection and distribution of the royalty provided for by the paragraph 1 of this
Article is executed by one of those organizations, which govern the rights of theperformers and phonogram producers on collective basis.
3. The amount of the royalty and rule of its payment is defined, on the one hand,
between the phonogram users, and, on the other hand, one of the organizations
administering the economic rights of phonogram producers and performers on
collective basis. If the parties fail to reach the agreement the amount of the royalty
shall be determined by the State Agency of Copyright and Neighbouring Rights.The amount of the royalty shall be determined for each form of phonogram use.
4. Users of the phonogram shall submit to the organizations mentioned in the
paragraph 2 of this Article the programs (plans) including the precise information
on the amount of phonogram use, as well as other certificates and documentsneeded for collection and distribution of the royalty
Article 53. Recording of performance of prog ram by the Broadcasting organization for
short-term use
The wireless broadcasting organization is authorized, without consent of the performer,
phonogram or visual record producer and broadcasting organization, to conduct recording
of performance or program for short-term use and reproduction of such record provided
that the following conditions are met:
a) receiving of the preliminary consent on transmission of the performance or
program;
b) making of short-term recording and its reproduction by means of the own
equipment for the own program;
c) destruction of the short-term record und er the conditions provided for the short-
term records of scientific, literary and art works.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Article 23 of the Law on Copyright and Neighbouring Rights, under Article 2 bis of the
Berne Convention the following limitations were prescribed:
Article 23.  Exploitation of the work without consent of the Author and without paying him
the Royalty.
It is permitted, without consent of the author or other holder of the copyright, and without
payment of the royalty but with obligatory indi cation of the author’s name of the used work
and of the borrowed source, to do the following:
a) to cite from the lawfully published works original or translation, for scientific,
research, polemic, critical and information purposes in the volume justified for the
purposes of citing, including reproduction of excerpts from newspapers and
journals in the form of printed survey;IP/C/W/290
Page 12
b) to use excerpts from the lawfully published works in the form of illustrations,
printed matter, radio- and teleprograms, phono- and videorecording of educational
character in the volume defined by the set aim;
c) reproduction by means of newspaper or public transmission of lawfully published
articles on current economic, political, social and religious issues in periodic
publications or similar works transmitted by aerial,  only in the cases where such
reproduction or public transmission is not specially prohibited by the author or
other holder of copyright. Whereas the author shall preserve the right on
publication of such work in collection;
d) reproduction or communication to the public of the work seen or heard in the
process of reviewing current events, by means of taking photos, broadcast or cable
transmission in the volume justified for information purposes;
e) reproduction or communication to the public of delivered publicly political
speeches, reports, lectures, addresses, sermons or other similar works, including
speeches made at court sessions, through newspapers, journals and other periodical
editions in the volume justified for information purposes. Whereas, the author shall
preserve the exclusive right on publication of such a work either in the form of
separate collections, or a book.
f) reproduction of the lawfully published work with relief-dotted print, or of other
special means for the blind persons, with the exception of the works specially
created for such methods of use.
Apart from the mentioned, Articles 21-30 of the Law on Copyright and Neighbouring
Rights provide for the following limitations:
CHAPTER III.  LIMITATION OF ECONOMIC RIGHTSArticle 21.  Reproduction of the work by the natural person for the personal purposes
1. It is permitted to reproduce the lawfully published work by the natural persons only
for personal purposes without consent or payment of the royalty to the author or
other holder of copyright, with the exception of cases provided for in the paragraph
2 and 3 of this Article.
2. The first paragraph of this Article shall not be applied:
a) at reproduction of architectural works in the form of buildings;b) at reproduction of databases;c) at reproduction of computer programs, with the exception of the cases
provided for by Articles 28 and 29 of this Law;
d) reprographic reproduction of books (completely), music notations and
works of fine arts;
e) at reproduction of audiovisual work or the work fixed as phonogram.IP/C/W/290
Page 13
3. At reproduction of the audiovisual work or the work fixed on a phonogram by the
natural person for personal purposes, the author or other holder  of copyright in
difference from the rule provided for in the first paragraph of this Article, has the
right to receive respective royalty.
4. The royalty shall be paid at reproduction for personal purposes by producers and
importers of equipment (audio- and videorecorders and other equipment) and
material carriers (phono and video tapes, cassettes, laser disks, compact disks and
other material carriers).
5. Collection and distribution is executed by one of those organization, which govern
the economic rights of the authors, performers and phonogram producers oncollective basis, in respect to the contract concluded between these organizations.
If there is not provided for otherwise by the contract the royalty is distributed in the
following way: 40 per cent - to the authors, 30 per cent - to performers, 30 per cent
- to phonogram producers.  Said organizations are entitled to claim information on
production and importation of equipment and material carriers referred to in theparagraph 4 of this Article from natural persons and legal entities, as well as from
state organizations and institutions.
6. The amount of the royalty and payment order are defined, on the one hand, between
said producers and importers and, on the other hand, by the contract with one ofthose organizations, which govern the economic rights of authors, performers and
phonogram producers on collective basis.  If the parties fail to reach the agreement,
the amount of the royalty is determined by the State Agency of Copyright and
Neighbouring Rights.
7. The royalty is distributed among those authors and other holders of copyright and
neighbouring rights of the work mentioned in paragraphs 3 and 5 of this Article and
which, possibly were reproducing it for personal purposes.
8. The royalty shall not be paid for the equipment and material carriers provided for
by paragraph 4 of this Article which are:
a) the subject of export;
b) professional equipment, which is not intended for domestic use.
9. The royalty shall not be paid at importation of said equipment and material carriers
by natural persons for personal purposes.
Article 22.  Reprographic reproduction of work by libraries, archives and educational
institutions
The reprographic reproduction without direct or indirect gaining of profit is permitted,
without consent of the author or other holder of copyright and without paying him the
royalty but with mandatory indication of the work author’s name and of the borrowed
source, and in separate cases - in the volume defined by the set aim.  Such reprographic
reproduction is admissible:
a) in a single copy for substitution of destroyed, lost or indecent copies of lawfully
published work by libraries and archives; for substitution of lost, destroyed or
indecent copies from the funds of other libraries with the purpose of supplying theIP/C/W/290
Page 14
copies to these libraries, if receiving of such copies in ordinary conditions through
other means is impossible;
b) in a single copy of lawfully published works and other small volume works, or
excerpts from written works (with the exception of computer programs), bylibraries and archives at the request of natural persons for educational, scientific or
personal purposes;
c) of the lawfully published separate articles and other small volume works, or small
excerpts from written works (with the exception of computer programs), by the
educational institutions for teaching purposes.
Article 23.  Exploitation of the work without c onsent of the author and without paying him
the Royalty
It is permitted, without consent of the author or other holder of the copyright, and without
payment of the royalty but with obligatory indi cation of the author’s name of the used work
and of the borrowed source, to do the following:
a) to cite from the lawfully published works original or translation, for scientific,
research, polemic, critical and information purposes in the volume justified for the
purposes of citing, including reproduction of excerpts from newspapers andjournals in the form of printed survey;
b) to use excerpts from the lawfully published works in the form of illustrations,
printed matter, radio- and teleprograms, phono- and videorecording of educational
character in the volume defined by the set aim;
c) reproduction by means of newspaper or public transmission of lawfully published
articles on current economic, political, social and religious issues in periodic
publications or similar works transmitted by aerial,  only in the cases where such
reproduction or public transmission is not specially prohibited by the author or
other holder of copyright. Whereas the author shall preserve the right on
publication of such work in collection;
d) reproduction or communication to the public of the work seen or heard in the
process of reviewing current events, by means of taking photos, broadcast or cable
transmission in the volume justified for information purposes;
e) reproduction or communication to the public of delivered publicly political
speeches, reports, lectures, addresses, sermons or other similar works, including
speeches made at court sessions, through newspapers, journals and other periodical
editions in the volume justified for information purposes, whereas the author shall
preserve the exclusive right on publication of such a work either in the form ofseparate collections, or a book.
f) reproduction of the lawfully published work with relief-dotted print, or of other
special means for the blind persons, with the exception of the works specially
created for such methods of use.
Article 24.  Use of works permanently disposed inplaces  for free attendance
It is permitted, without consent of the author or other holder of copyright and without
paying the royalty to him, to make reproduction or communication to the public ofIP/C/W/290
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architectural, photographic and fine arts work permanently disposed in places open to free
attendance, with the exception of cases, when the image of the work represents the main
object of such reproduction or public communication or is used for gaining profit.
Article 25.  Public performance of musical work at ceremony
Without consent of the author or other holder of copyright and paying him the royalty, it is
permitted to perform publicly the lawfully published musical works at official, funeral and
religious ceremonies only in a volume justified by the character of such ceremony.
Article 26.  Reproduction of the work for court proceedings
Without consent of the author or other holder of copyright and paying him  the royalty, it is
permitted to reproduce the work for court proceedings, only in the volume defined by set
purpose.
Article 27.  Short term recording of work by Broadcasting organization
The broadcasting organization is authorized, without consent of the author or other holder
of copyright and without payment of additional ro yalty to him, to record for short term use
of the work for which this organization has secured the right on broadcasting with the
observation of the following conditions:
a) making of record by means of own equipment for own program;b) destruction of the record within six months from the date of making, if a longer
period has not been agree upon with the author of the recorded work. Only therecordation of documentary character can be kept in the official archive without the
author’s consent.
Article 28.  Limitations of the computer program and database Owners rights
1. A person, who owns lawfully a copy of a computer program or database, is
authorized without consent of an author or other holder of copyright and withoutpaying him a royalty to do the following:
a) to enter changes in the computer program or database, necessary for
functioning of users of technical facilities, also carry out any action related
to functioning of the computer program or database, including recordingand saving in computer memory (for one computer or one user of
network), correction of apparent mistakes, if there is not provided for
otherwise by the copyright contract;
b) make a reserve copy of computer program or database provided that this
copy is intended only for archive and for substitution of the lost, destroyedor indecent copy of lawful owner.
2. The reserve copy of computer program database shall not be used for the purposes
other than the rules defined by paragraph 1 of this Article and shall be distracted at
termination of computer program or database owner’s rights.
Article 29.  Free use of computer program (decompilation)
The person, who lawfully owns the copy of computer program is entitled without consent
of the author or other holder of copyright and without paying him the copyright royalty, toIP/C/W/290
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conduct decompilation (reproduce and transform the objective coded in initial text) of
computer program, also order decompliation the other persons in the case, when it is
necessary to achieve interoperability among the computer program created by him and
other programs, provided that the following conditions are met:
a) these actions are performed by the person having permission to use the program
copy, or on his behalf another person having the respective permission;
b) the information necessary to achieve interoperability has not been available for him
by the other sources;
c) these actions relate only to the parts of decompiled program necessary for
achievement of interoperability;
d) the information received in result of decompilation shall be applied only for
achieving interoperability among the computer program created independently and
other computer programs.  This information shall not be disclosed to other personsor used for creation of a new computer program, which is substantially similar to
the decompiled program, or for any other action, which infringes copyright.
Article 30.  Free use of Database
The lawful user of database original or copy can without consent of the database author or
other holder of copyright, conduct actions defined by Article 19 of this Law, when it is
necessary to access the database and for its normal use, if the lawful user has the right to
use the part of database, said rights apply only to this part.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
Under the Law on Copyright and Neighbouring Ri ghts the following terms of protection are
prescribed:
CHAPTER IV.  VALIDITY TERM OF COPYRIGHT
Article 31.  Arising of copyright and duration
1. The copyright arises at the moment of creation of the work and is valid during the
author's life and during 70 years from his death, with the exception of cases
provided for by Article 32 of this Law.
2. Calculation of the terms defined by this Article and Article 32 of this Law starts
from January 1 of the year following the year in which the legal fact, being basis
for beginning calculation of said terms, has taken place.
Article 32.  Validity term of copyright
1. The copyright on the work, which was published under pseudonym or anonymous,
is valid for 70 years from the date of its lawful publication.  If the author within
this period reveals his personality, or his personality is doubtless paragraph 1
Article 31 of this Law shall be applied.
2. The copyright on the work created with a co-author is valid during the life of each
co-author and during 70 years from the death of the last author.IP/C/W/290
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3. If the work is published in volumes, parts, editions or episodes, and copyright
validity term is calculated from the date of lawful publication, this term shall be
calculated for each such work.
4. The copyright on the work mentioned in Articles 12 and 13 is valid during 70 years
from the date of their lawful publication, and if the work has not been published -
from the date of its creation.
5. The copyright on audiovisual work is valid during 70 years from the death of the
last author (co-authors) mentioned in the paragraph 1 Article 15 of this Law.
6. The economic copyright of the person, who published lawfully the work not
published earlier (paragraph 8 Article 18 of this Law), shall be valid during 25
years from the date of its lawful publication.
Article 33.  Limitless Copyright
1. The right on authorship, right on name, right on the work inviolability and right on
respect of reputation in relation to the particular work are protected without any
time limit.
2. After expiration of the copyright term, the other author is not allowed to use the
name of the work for the work of the same genre, if such use can result in
confusion of authors, that shall mislead the public.
3. The publication of the work under such pseudonym, which may cause the
identification with the author of the work published earlier, that shall mislead thepublic.
Article 34. Use of expired copyright
1. The work on which the copyright validity term has expired, can be used by any
person without paying the copyright royalty.  At the same time, the rights on
ownership, name, inviolability of the work and respect of reputation shall bepreserved.  This rule applies to the works, which were not protected within the
territory of Georgia.
2. By Georgian legislation the special fees may be established for the use of the work
within the territory of Georgia, on which the copyright validity term has expired.The income collected from such fees shall be transferred to the authors professional
funds and organizations, which govern the economic rights of the authors on
collective basis.  The amount of fees shall not be more than 3 per cent of the profit
gained from the use of the work.
CHAPTER VIII.  VALIDITY TERM OF NEIGHBOURING RIGHTS
Article 57.  Validity terms of neighbouring rights
1. The performer’s right defined by Article 47 of this law is valid within 50 years
from the first performance.  If within this  term the record of the performance was
lawfully disclosed or displayed publicly, this term continues for 50 years from the
first  disclosure or display.
2. The right of the performer on the name and on repeat of his reputation is protected
without any time-limit.  These rights are not transferred by inheritance. TheIP/C/W/290
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protection of performer’s personal rights, after his death is carried out in respect to
the rule protecting  the personal moral rights of scientific, literary and art works
authors.
3. The right of phonogram or visual record producer provided for by Articles 48-49 of
this Law is valid during 50 years from the first disclosure of the phonogram or
visual record. If within this term the phonogram or visual record was lawfully
disclosed or displayed publicly, this term is continued from the first disclosure or
public display during 50 years.
4. The right of broadcasting (cable) organization is valid during 50 years after first
transmission of such organization program by broadcasting (cable).
5. The right of database producer defined by Article 54 of this Law is valid during 15
years from making the database. If within this term the database is disclosed, the 15
years shall be calculated from the disclosure.
6. The change of the database evaluated qualitatively and/or quantitatively defined by
Article 54 of this Law, in particular, any significant change proceeding from
annulment or correction enabling to determine from qualitative or quantitative point
of view, that a substantial investment was conducted, creates possibility to give its
own term to the database changed in result of such investment.
7. Calculation of the term defined by this Article starts from January 1st of the year
which follows the year in which the legal act has taken place being the basis for
calculation of said term.
8. The right provided for by this Chapter within the remaining time-period of the
terms defined by paragraphs 3, 4, 5 and 6 of this Article shall be transferred to the
legatees of the performer, phonogram or visual record producer and broadcasting
organization, but in the case of legal entity - to his successor.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPSAgreement) and Article 14.6 of the TRIPS Agreement.
As a result of the accession of Georgia to the Berne Convention, 50 years term protection
provided for by the Berne Convention was applied to those works for which the earlier prescribed
validity term was not expired, and the Law of Georgia On Copyright and Neighbouring Rights which
entered into force in 1999 provides:
CHAPTER XI.  TRANSITIONAL PROVISIONS
Article 67.  Spreading of the norms of this law on relations established earlier
1. This Law covers the relations arisen after enactment of this Law related to creation
and use of copyright and neighbouring rights objects.
2. To the work for which 70 years validity term of copyright has not expired, are
applied the validity terms defined by Articles 31-32 of this Law.
3. To the performance, on which the 50 years copyright validity term has not expired
from its first performance, applies the validity term of performers rights defined by
the paragraph 1 Article 57 of this Law.IP/C/W/290
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4. To the phonogram and visual record, on which 50 years from their first lawful
display or creation have not expired before enactment of this Law, in the case,
where they were not displayed within the mentioned term, applies the neighbouring
rights validity term defined by the paragraph 3 Article 57 of this Law.
5. To the programs of broadcasting organizations, on which 50 years from their lawful
disclosure of creation have not expired, in the case, where they were not displayed
within the mentioned term, applies the neighbouring rights validity term defined by
the paragraph 3 Article 57 of this Law.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
Under the Law of Georgia on Trademarks Article 3.1:
A trademark is a sign or a combination of signs, which can be represented graphically and is
capable of distinguishing the goods and/or services (hereinafter goods) of one undertaking from thoseof other undertakings.
As to the conditions of protection they are as follows:
Article 3:
3. The trademark is protected by its registration at Sakpatenti or on basis of international
agreement.
4. The well-known trademarks in Georgia are protected without registration under
Article 6bis of the Paris Convention.
Article 4  Absolute grounds for refusal on registration
1. As a trademark shall  not be registered a sign, or combination of signs which:
a) does not comply with the provisions of Article 3 paragraph 2 of this Law;b) are devoid of any distinctive character with respect to the relevant goods:
b.a.) consists exclusively of kind, quality, quantity, characteristics, value,
intended purpose, geographical origin, place of sale, time or othercharacteristics of the goods or are regarded as such;
b.b.) is widely used as a generic term for certain type of goods;
b.c.) represents a widely established  term in trade, or sign for which the
registration is required;
c) irritates or is contrary to the national dignity, religion and traditions, norms of
morality;
d) is likely to deceive the public as to the nature, quality, the geographical origin
or other features of the goods;IP/C/W/290
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e) coincides fully or by any constituent element with an armorial bearing, flag,
emblem of a foreign state, its full name or abbreviation; international or
intergovernmental organization emblem, its full name or abbreviation;
official control, warranty, testable hallmarks, sign (among them certification
sign of goods accordance), seal, order and medal; existing or historical nameof the territorial unit of Georgia, its armorial bearing, flag, emblem,
banknotes or their imitation. Such signs shall be included in a trademark as an
unprotected part, if there is a permission of Ministry of Culture or a holder.
2. As a trademark shall not be registered such a three-dimensional sign, the shape of
which:
a) is conditioned only by the nature of the goods;
b) is necessary to obtain a technical result.
3. The subparagraph "b" of paragraph 1 of this Article shall not apply if before taking a
decision on registration of the trademark, this mark has become distinctive in relation
to the goods indicated in the application in consequence of the use in the course of
trade.
Article 5.  Relative grounds for refusal on registration
A trademark shall not be registered if, it:a) is identical with the trademark registered in regard to the same goods;
b) is identical with the trademark of third party and the goods are similar to such an
extent that, there exists the likelihood of confusion of  the marks, including confusion
based on association;
c) is similar to the trademark of third party and the goods are identical or similar to such
an extent, that there exists the likelihood of confusion of the marks, including
confusion based on association;
d) is identical with or similar to the well known trademark in Georgia, that there exists
the likelihood of confusion with it, including confusion based on association.  This
rule applies even in the case when the list of the goods are different.
e) is identical with or similar to the appellation of origin or geographical indication
protected in Georgia that causes the likelihood of confusion with it, including
confusion based on association;
f) is identical with the industrial design protected in Georgia except the cases when the
registration of the trademark is sought by the holder of the exclusive right on the
industrial design;
g) is identical with or similar to the third party’s registered trademark enjoying good
reputation in Georgia, and the use of this trademark creates the unfair advantages forits applicant, or damages the reputation of the protected trademark. This rule is
applied in the case where the lists of goods are different;
h) contains names, pseudonyms, facsimiles, portraits of famous in Georgia persons
without the consent of these persons or their  legatees, and if they are the property ofIP/C/W/290
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the history and culture of Georgia without the permission of the Ministry of Culture
of Georgia;
i) contains the names of the historical monuments of Georgia or their reproduction
without the permission of the Ministry of Culture;
j) contains the firm name causing the likelihood of confusion.
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
Under the legislation of Georgia services are pr otectable.  The Law of  Georgia on Trademarks
regulates the relations connected with registration and protection of trademarks, service marks and
collective marks, as well as with the use of these marks, and under Article 3.1:
A trademark is a sign or a combination of signs, which can be represented graphically and is
capable of distinguishing the goods and/or services (hereinafter goods) of one undertaking from thoseof other undertakings.
The trade names are protected in respect to Article 8 of the Paris Convention, which is
reflected in the Law of Georgia on Trademarks Article 5 concerning the relative grounds on refusal of
registration:
j) contains the trade name causing the likelihood of confusion. Sounds and packaging of
goods may be registered as a trademark.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
The Law of Georgia on Trademarks  as an exception provides for registration of a trademark
even in the cases where the sign or combination of signs presented for registration in result of their
use in the course of trade prior to registration became distinctive in respect to the goods indicated in
the application
See also:
Article 24.  Use of trademark
1. Under the use of a trademark is considered: its affixing on the goods for which it has
been registered, on its packaging, on the exhibit displayed at exhibition and fairs,signs, official forms, labels, advertisements, published works, also other use of
trademark by the holder of a trademark, licensee or third party on basis of assignment
of the right by the holder of the mark.  Under the use of a trademark is also
considered the use of a slightly different sign instead of the registered trademark.
Article 27.  Grounds for cancellation of trademark registration
2. The trademark registration shall be canceled by the Court at the request of the third
party if:IP/C/W/290
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a) within a continuous period of five years the trademark has not been put to use
in connection with the goods in respect of which it is registered in Georgia.
No person may claim the revocation of the trademark registration, where
during the interval between expiry of five-year period and the filing of the
cancellation request the use of the trademark has been started or resumed;
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
ARTICLE 20. VALIDITY TERM OF TRADEMARK REGISTRATION
1. The validity term of a trademark registration is defined by ten years, and is counted
from the date of a trademark registration with Sakpatenti.
2. The validity term of a trademark registration can be extended by each following ten
years, without any time-limit.  Extension of the validity  term of registration shall be
conducted on the basis of a request filed by the holder with Sakpatenti, after payment
of the prescribed fee.  Submission of said request to Sakpatenti and payment ofrespective fee shall be conducted during the tenth year of the certificate validity.
3. The notification on extension of the validity term of a trademark registration shall be
recorded, by Sakpatenti, in the certificate and the register, and the relevant
information shall be published in the Bulletin.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
The legislation of Georgia does not provide for special requirements in respect to the use of
trademarks.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
Under Article 5.e of the Law on Trademarks a trademark shall not be registered if, it is
identical with or similar to the appellation of origin or geographical indication protected in Georgia
that causes the likelihood of confusion with it, including confusion based on association.
15. Please give the definition of a geographical indication in your legislation.
Under Article 3.1.2 of the Law of Georgia on Appellations of Origin and Geographical
Indications of Goods:
1. Appellation of origin is the modern or historical name of a geographical place, region
or, in exceptional cases, a name of a country (hereinafter referred to as "geographicalarea"), 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 environment and human factors;IP/C/W/290
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c) production, processing and preparation of which take place within the defined
geographical area.
2. Geographical indication is the name or an y 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  preparation of which take place in the defined
geographical area.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
By the legislation of Georgia was provided that Sakpatenti together with the Ministries and
other offices concerned shall elaborate and 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 Ar ea. For present we are working on implementation
of the mentioned.
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
The legislation of Georgia in difference from TRIPS Agreement extends protection to all
other goods specified by Article 11 of the Law of Georgia on Appellations of Origin and
Geographical Indications of Goods (see answer to qu estion 5, Article 11.a, c and also Article 6 of this
Law):
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 and geographical
indication protected in the other country, then the rule of protection and conditions of use of
said indication in Georgia is defined by the respective interstate agreement.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
Part of the exceptions under Article 24 of the TRIPS Agreement are provided for under the
following articles of the Law of Georgia on Appellations of Origin and Geographical Indications:
Article 5.  Grounds for refusal of appellations’ of origin and geographical indications’
registration
As an appellation of origin or a geographical indication shall not be registered the name or
any other symbol, which:
b) has become a generic name, although it relates to the geographical area where the
goods were produced, processed, or prepared;IP/C/W/290
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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.
Under Article 14.4 of the Law of Georgia Appellations of Origin and Geographical
Indications:
If by the use of trademark or its registration was caused the infringement defined by
Article 11 of this Law, then the appeal shall be drawn within 5 years from the day of the infringement
of the rights of the appellation of origin or geographical 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.
The condition referred to in Article 11 means1:
"1. Proceeding from the registration of the appellation of origin or geographical
indication is prohibited the following:
a) any direct or indirect commercial use of an appellation of origin 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
insofar as using the name exploits the reputation of the registered appellation
of origin or geographical indication".
Under Article 14.7 and 8 of this Law:
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 geographicalindication must not lead the public into confusion, as to the origin of the goods.
8. Article 11 of this Law is not applied for the trademark used for at least 10 continuous
years before 15 April, 1994 ( before the signing date of the World Trade Organization
Agreement).
E. I
NDUSTRIAL DESIGNS
19. Please explain whether or not your legislati on extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are
protected.
In respect to Article 14 of the Patent Law of Georgia "By a patent shall be protected an
industrial design which represents a new artistic-constructive exterior of the article and complies the
criteria of novelty and industrial applicability".  Which also implies textile designs, whereas underArticle 17 subparagraph e) states the following exclusions among which textile designs are not
specified:
- exterior of buildings and other real estate, except small architectural forms;
- liquid, gaseous, loose and other objects having unstable form;
                                                     
1 This paragraph requires amendments to be in full compliance with the TRIPS Agreement.IP/C/W/290
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- for articles the exterior of which is conditioned only by technical or functional
appointment of their essential features;
- for printed production.
Apart from the mentioned textile design as decorative-applied work is protected under the
Law of Georgia on Copyright and Neighbouring Rights.
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
Under Article 48.1 of the Patent Law of Georgia:
The patent owner has the exclusive right to the use of an invention, utility model, industrial
design at his own discretion, to produce goods protected by patent, put the object into economic
circulation, gain profit by its exploitation, or prohibit said actions.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Our legislation does not provide for the right to issue a compulsory licence for industrial
designs.
22. Please indicate for what period of time your  legislation grants protection for industrial
designs.
Under Article 5.4 of the Patent Law of Georgia:
The patent validity term on industrial design is 15 years as from the day application is filed
with Sakpatenti.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Under Article 12 of the Patent Law of Georgia:
1. By a patent shall be protected an invention, which is patentable and satisfies the
criteria of novelty, inventive step and industrial applicability.
2. The invention is novel, if it does not relate to the existing state of the art.
3. The invention involves the inventive step, if for the filing date of application or  if the
Convention priority is claimed, for the date of this priority it is not obvious from the
existing state of the art for the person skilled in the art.
4. Industrial application of the invention implies the capability of its production, or
making use of it in the sphere of industry, agriculture, health, and other spheres of
activities.
5. The existing state of the art is defined by all those data, that have become commonly
known on the basis of written or verbal descriptions, public use or other sourcesIP/C/W/290
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before the filing date of application for a patent, or if the Convention priority is
claimed before the date of this priority.
6. At determination of invention novelty in the state of the art along with the other
information sources must also be included: applications for inventions and utilitymodels filed with Sakpatenti provided that they have the earlier priority. The novelty
is defined only on basis of considering one information source.
7. At determination of an inventive step in state of the art, the applications for inventions
and utility models pending with Sakpatenti shall not be included.
8. The substances and mixtures known from the existing state of the art may be
recognized as patentable if they are used by appointment unknown for the state of the
art.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how theseexclusions are applied in legal as well as practical terms.
Under Article 52 of the Patent Law of Georgia:
Deriving from the patent, under the infringement of the exclusive right shall not be
considered:
a) putting of the product in the economic circ ulation by the patent owner or with his
consent;
b) the use of an invention, utility model and industrial design under private rule for
personal benefit, where such action is not taken for commercial purposes;
c) the use of an invention, utility model and industrial design on marine, air and land
transport facilities of any country, at their temporary or casual presence within the
territory of Georgia. In this case, the invention, utility model and industrial design
shall be applied only to mentioned vehicles and not for production purposes;
d) the use of an invention, utility model and industrial design at natural calamity,
catastrophe, epidemic and other emergency situations.
Under Article 53 of the Patent Law of Georgia:
If any person before the date of filing the application for an invention, utility model and
industrial design or before the filing date of the first application, which is the basis to claim the
priority established by the Paris Convention, used an invention, utility model and industrial design in
good faith, or carried out preparatory works for its utilization, he has the right to use it individually
irrespective of patent validity (the right of prior use).
Under Article 55 of the Patent Law of Georgia:
Any person, who from the date of patent validity  termination until its reinstatement within the
territory of Georgia has utilized in good faith or conducted preparations for exploitation of an
invention, utility model and industrial design, which is the subject matter of patent, has the right to
continue its usage for business.  Assignment of the right is possible only together with the enterprise.IP/C/W/290
Page 27
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
A patent is not granted:
a) for the invention, utility model, or industrial design, the commercial exploitation of
which may cause inhuman, immoral and/or anti-social action.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
Under Article 17. b) of the Patent of Law of Georgia:
for the invention, or utility model relating to the surgical, therapeutic and diagnostic methods
of treatment of people and animals.  This rule does not extend on devices, substances, which
are applied in the mentioned methods.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.
Under Article 17. c) of the Patent Law of Georgia:
A patent shall not be granted:
for the invention relating to the varieties of plants and breeds of animals, as well as for
particularly biological methods for raising varieties of plants and breeds of animals.  This rule
does not extend on micro-biological methods and products obtained through these methods.
28. Please describe how micro-organisms, non-essentially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the
relevant sections of your legislation.
Under Article 17. c) of the Patent Law of Georgia:
for the invention relating to the varieties of plants and breeds of animals, as well as for
particularly biological methods for raising varieties of plants and breeds of animals. This rule
does not extend on micro-biological methods and products obtained through these methods.
And under Article 26.4 of the Patent Law of Georgia:
If the application concerns the biological reproducible material, which cannot be described in
the application completely as to enable the skilled person to realize it or, if this biologicalmaterial is not commonly available, the application shall be completed by the document
confirming the deposit of the biological material issued by the Depository.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
Under Article 48 of the Patent Law of Georgia:IP/C/W/290
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1. The patent owner has the exclusive right to the use of an invention, utility model,
industrial design at his own discretion, to produce goods protected by patent, put the
object into economic circulation, gain profit by its exploitation, or prohibit said
actions.
2. The patent owner disposes with an invention, utility model, industrial design at his
own discretion. He can sell or through other way assign the patent, issue license
according to the approved rule.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
The Patent Law of Georgia does not give the list of objects for which a patent is granted,
proceeding from the mentioned a patent shall be granted for pharmaceutical and agricultural chemical
products.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
Under Article 49 of the Patent Law of Georgia:If the exclusive right of the patent owner extends to the patent, the object of which is a
method for obtaining a new product, then until proving the contrary any similar product made by
another party will be deemed as obtained by this method.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislations and describe the additional conditions in detail.
Under Article 26.4 of the Patent Law of Georgia:
If the application concerns the biological reproducible material, which cannot be described in
the application completely as to enable the skilled person to realize it or, if this biological material isnot commonly available, the application shall be completed by the document confirming the deposit
of the biological material issued by the Depository.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Under Article 52 of the Patent Law of Georgia:
Deriving from the patent, under the infringement of the exclusive right shall not be
considered:
a) putting of the product in the economic circulation by the patent owner or with his
consent;
b) the use of an invention, utility model and industrial design under private rule for
personal benefit, where such action is not taken for commercial purposes;
c) the use of an invention, utility model and industrial design on marine, air and land
transport facilities of any country, at their temporary or casual presence within theIP/C/W/290
Page 29
territory of Georgia. In this case, the invention, utility model and industrial design
shall be applied only to mentioned vehicles and not for production purposes;
d) the use of an invention, utility model and industrial design at natural calamity,
catastrophe, epidemic and other emergency situations.
Under Article 53 of the Patent Law of Georgia:If any person before the date of filing the application for an invention, utility model and
industrial design or before the filing date of the first application, which is the basis to claim the
priority established by the Paris Convention, used an invention, utility model and industrial design in
good faith, or carried out preparatory works for its utilization, he has the right to use it individuallyirrespective of patent validity (the right of prior use).
Under Article 55 of the Patent Law of Georgia:
Any person, who from the date of patent validity  termination until its reinstatement within the
territory of Georgia has utilized in good faith or conducted preparations for exploitation of an
invention, utility model and industrial design, which is the subject matter of patent, has the right tocontinue its usage for business.  Assignment of the right is possible only together with the enterprise.
34. Please explain whether or not your legislation provides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular,
please explain how your national le gislation considers individual merits in the authorization of such
use.
Under Article 61 of the Patent Law of Georgia:
1. The compulsory or official license can be granted for an invention, utility model. The
compulsory or official license is granted under the decision of the Compulsory
Licensing Committee at the Mini stry of Economy of Georgia.
2. The compulsory license may be only simple. It is granted at the request of any party
concerned after four years from the date the patent was granted.
3. The compulsory license necessary for public requirements is claimed, if within the
above mentioned term an invention, utility model has not been used within the
territory of Georgia, or whether they have been used insufficiently, also if their usage
is impossible without infringing the earlier patent.
4. The compulsory license can be issued only in the case, if prior to this the interested
party tried to obtain the permission from the patent owner or his assignee on basis of
reasonable conditions and term, but his efforts have not been successful.
5. The official license is a kind of compulsory license and is granted only in case of
demand from the State Bodies, if the necessity of a patent use for the national
defense, humane health protection, or the economic interests of the country is proved.
An official license is granted before expiration of the four years period stated in the
paragraph 2 of this Article.
6. The granting of the official license at the request of a patent owner can be postponed,
under the condition that the patent owner shall take the responsibility to satisfy
government and public requirements by his own production.IP/C/W/290
Page 30
7. The use of a patent on the basis of the official license can be conducted by the state,
as well as the private person, which shall be named by the competent body
demanding a license or Court.
8. The decision on granting of the compulsory or official license sets spheres of its
application, validity term, rights and duties of a licenser and licensee and the amount
of remuneration.
Under Article 62 of the Patent Law of Georgia:1. The license shall be concluded in a written form. Upon agreement the contract shall
be registered within no later than two months from the date of its conclusion.
2. The substantial changes in the license, if there is a wish of the parties, can be
registered at Sakpatenti regarding the established rule no later than a month after the
amendments are made.
3. The data of granted license and amendments are published in the Official Bulletin.
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. In this context, how do youdefine "reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominantly for the supply to the domestic market of the
Member authorizing such use.
Under Article 61.4 of the Patent Law of Georgia:
The compulsory licence can be issued only in the ca se, if prior to this the interested party tried
to obtain the permission from the patent owner or his assignee on basis of reasonable conditions and
term, but his efforts have not been successful.
The reasonable period of time shall be defined proceeding from the concrete case  and shall
decided by the court.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
Our legislation does not grant additional protection for innovations after the 20 years of patent
protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
Our legislation does not provide for the enhanced patent protection of patents or patent
application pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Under Article 49 of the Patent Law of Georgia:IP/C/W/290
Page 31
If the exclusive right of the patent owner extends to the patent, the object of which is a method
for obtaining a new product, then until proving the contrary any similar product made by another party
will be deemed as obtained by this method.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
Under the  Law of Georgia on Topographies of Integrated Circuits only the original
topography shall be registered (Article 5.1).  Requirements on originality are specified in the
paragraphs following Article 5.1:
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 not
commonplace 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 ri ght to secure the certificate, or by the
third party, 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 theoriginality of topography.
Under Article 4 of this Law the validity term of the exclusive rights on topography makes
10 years from the date of registration.
Under Article 8.1 of this Law: "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, technique, system, technology or c oded information embodied in a topography or IC
created on its basis".
Article 36 of the TRIPS Agreement is reflected by Article 8 of this Law in respect to which
as the infringement of the exclusive rights shall be considered the following acts done without anyconsent of right holder:
a) copying of the topography or any substantial 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.
With the exception of cases (Article 10) when:1. The following shall not be deemed to be  the infringement of exclusive right on
topography:
a) use of the topography, or product incorporating thereof for sole purpose
without gaining any profit, also for analysis, research or teaching;IP/C/W/290
Page 32
b) further distribution of IC or product embodying 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 including such IC, where the personconducting 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 or ordered
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 (this paragraph applies to Article 37 of TRIPS Agreement).
2. The actions of Article 8.2 shall not be deemed as the infringement of exclusive rights:
a) exploitation of the identical topography made independently by the other
person before publication of the registered topography in the OfficialBulletin;
b) creation by the other person of an improved topography on basis of
research of the commonplace topography, if the new topography complies
the requirements of originality.
A proprietor of the topography or the party concerned can appeal against the decision of
Sakpatenti or the Chamber of Appeals in respect to Articles 68 and 69 of the "Patent Law of
Georgia".
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, including the profit he could receive;
c) destruction or confiscation of the IC incorporating the topography used with the
commercial purpose.
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies includingintegrated circuits or other articles in which a topography is incorporated in accordance with Article
36 of the TRIPS Agreement.
Under Article 8 of the Law of Georgia on Topographies of Integrated Circuits:
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, technique, system, technology or coded information 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:IP/C/W/290
Page 33
a) copying of the topography or any substantial 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.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that
it contains an unlawful topography.
Under Article 10 of the Law of Georgia on Topographies of Integrated Circuits:
1. The following shall not be deemed to be  the infringement of exclusive right on
topography:
a) use of the topography, or product incorporating thereof for sole purpose
without gaining any profit, also for analysis, research or teaching;
b) further distribution of IC or product embodying 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 including 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 thetopography, he can do any action in regard to the existing stock or ordered
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 subsection 2 of Article 8 shall not be deemed as the infringement of
exclusive rights:
a) exploitation of the identical topography made independently by the other
person before publication of the registered topography in the Official
Bulletin;
b) creation by the other person of an improved topography on basis of
research of the commonplace topography, if the new topography complies
the requirements of originality.
42. Please state the term of protection granted by your legislation to topographies.
Under the Article of the Law of Georgia on Topographies of Integrated Circuits:
Validity term of the exclusive right on the topography is 10 years as from the
registration date at Sakpatenti.IP/C/W/290
Page 34
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
Protection of undisclosed information under legislation of Georgia is termless.
44. Please explain how your legislation defines undisclosed information.
Article 27 .2 of the Administrative Code the following shall be considered as commercial
secret: "information on plan, formulae, process means of commercial value and any other information
used for production of goods, preparing, processing  or services, and/or which is novel or is an
important result of technical creativity, as well as other information disclosure of which may damage
competitive ability of a person".
45. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
At submission of the information to the state agency an applicant must indicate that the
information is his/her commercial secret, on basis of which within 10 days the administrative body
must grant it a secret stamp, with the exception of cases, where the obligation on information
disclosure is prescribed by the law.  If the administrative body does not recognize the submitted
information as secret, it takes the decision on its disclosure and shall immediately notify the partyconcerned.  Within 15 days from taking the decision the information shall become open, if the person
whose property is the information does not appeal against the decision taken on disclosure of the
information at the higher administrative body or at the court.  The state administration must be
immediately informed of the fact. (Article 27
.2, paragraph III).
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Chapter XIV ("Production of Evidences") of the Civil Procedural Code of Georgia conforms
with Article 43.1 of the TRIPS Agreement.
Under Chapter XIV "The person which has reasonable grounds to think that further
submission of necessary for him evidences shall become impossible or difficult may request the court
to produce these evidences.  Production of evidences is permitted before bringing an action before
court" (Article 109).  Production of evidences before bringing the action before the court is conducted
by a judge of that district or region, under jurisdiction of which the procedural action for production
of evidences must be taken. (Article 110).
Appeal against the judgement of the court on production of evidences is not allowed.  The
negative judgement on production of evidences may be appealed against. (Article 119)
Under Article 2 of the Civil Procedural Code of Georgia: "For each person protection of
his/her right is available by civil judicial procedures".
In Georgia the right to possess the objects acquired in result of the intellectual activity is
protected  in the same way as the right of possession on other assets.  Proceeding from the mentioned
the norms of the Civil Code are applied against injury of the property and relate to the enforcement, as
well as to the damages suffered in result of the infringement of this right (including neglected profit),
as applied to the intellectual property.IP/C/W/290
Page 35
Remedies for protection of exclusive rights of a right holder are given in detail in legislative
acts regulating respective relations, in particular:
Under Article 59 of the Law of Georgi a on Copyright and Neighbouring Rights:
1. The holders of the exclusive copyright and neighbouring rights can demand from
the infringer:
a) recognition of the right;b) restoration of the state existing before the infringement and preventing of
the actions infringing the right or creating the danger of its infringement;
c) reimbursement of the losses, including the neglected profit;d) instead of the reimbursement of losses demand the confiscation of the
income, obtained by the infringer by infringing of copyright and
neighbouring rights;
e) instead of reimbursement of losses and confiscation of income paying the
compensation, the amount of which is determined by the court;
f) taking other measures related to protection of their rights, provided by the
legislation of Georgia.
2. The measures defined by subparagraphs "c", "d" and "e" of this Article are applied
by choice of the copyright and neighbouring rights holder.
3. At determining of the reimbursement of losses the court shall consider the essence
of infringement, the moral and economic damage caused to the holder of copyright
and neighbouring rights, as well as the expected income, which could be received
by the author or other holder of copyri ght and neighbouring rights at lawful use of
the work or neighbouring rights object.  At compensation of damages the court
expenses, including the representative and lawyer fees, shall be taken into account.
Under Article 69 of the Patent Law of Georgia:
1. The patent owner has the right to appeal against the infringement of the rights
proceeding from a patent.
2. The holder of the exclusive license has the right to appeal against the infringement of
the rights derived from the patent, if a patent owner himself, during the reasonabletime from receipt of the notification on infringement does not present the appeal to
the Court.
Under Article 45 of the Law of Georgia on Trademarks:
1. The infringement of the exclusive rights to the trademark results in the responsibility
pursuant to rule defined by the legislation of Georgia.
2. In the case of the exclusive rights infringement the holder of the trademark can appeal
to the court and demand:
a) the prevention of acts infringing his rights;IP/C/W/290
Page 36
b) the compensation of damages;
c) destruction of all those labels, pictures, imprints, packaging, packaging
materials and advertisements containing the registered trademark or its copy,resemblance or imitation;
d) destruction of the plates, matrices and clichés prepared for making the
trademark and if separation of the trademark from the goods is impossible -
the destruction of the goods.
Under Articles 15 and 16 of the Law of Georgia on Appellations of Origin and Geographical
Indications of Goods:
1. Infringement of the right arising from registration on an appellation of origin or
geographical indication causes civil, administrative or criminal responsibilities in
accordance with the current legislation.
2. The holder of the right for the use of an appellation of origin or geographical
indication, is authorized to bring an action against 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 labels, tags, drawings, imprints, packing, packing
materials and advertisements including the registered name.
Under Article 15.2 of the Law of Georgia on Topographies of Integrated Circuits:
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, including the profit he could receive;
c) destruction or confiscation of the IC incorporating the topography used
with the commercial purpose.
Chapter XXIII of the Civil Procedural Code of Georgia complies with Article 50 of the
TRIPS Agreement.
Under the provisions of Chapter XXIII "An app licant may apply to the court with a request on
provisional measures.  The request must contain the circumstances due to which the provisional
measures not taken may make difficult or impossible the enforcement of the judgement, also
indication of the provisional measures considered by the applicant as necessary" (191).
Under Article 192 "In the case which must not be delayed, the request on provision of suit
may be submitted before bringing the action at the court".  In such a case on basis of request of theIP/C/W/290
Page 37
defendant the court shall determine a reasonable period during which, if the applicant does not initiate
the suit, the court shall revoke the adopted provisional measures on basis of defendants request.
Mentioned period under the Law of Georgia on Border Measures Relating to the Intellectual Property
makes 14 calendar days.
The application on provisional measures shall be considered by the court on the day of
application submission without notification of the defendant, i.e. in respect to the principle - inaudita
altera parte  (Article 193).  Article 194 ensures the defendants right to appeal against the adopted
provisional measures within 5 days after the receipt of the notice.  Article 198 provides for provisional
measures, among them arrest of defendant’s property, securities and money resources; prohibition of
certain actions to the defendant.
Under Article 199: "The court is authorized to order the applicant to provide the defendant
appropriate compensation for any expected injury".  As the court practice shows, such provision maybe the deposition by the applicant of money or other securities to the third party payment account,
loan, bank or financial guarantees, etc.
The Civil Procedural Code of Georgia also provides for charging the expenses related to the
Court procedure to the loser.
To enable a right holder to protect his/her rights (on trademark, form of copyright and
neighbouring rights) at the border of Georgia on basis of the Law of Georgia on Border Measures
Related to Intellectual Property, he/she must adopt the following procedures:
1. In case of existence of valid grounds, may lodge an application with the court and
demand the suspension of import or export of the infringing goods.  The application
must comply with the requirements of Article 4 of the Law of Georgia on BorderMeasures Related to the Intellectual Property.
2. Within three days from lodging the application the parties concerned shall be
furnished with the copies of the court judgement on suspension of the counterfeit
goods or on taking relevant measures in respect thereof, defining the terms for such
measures.  The court judgement shall be presented to custom authorities forenforcement.
3. If within 14 days from taking the judgement by the Court the right holder fails to sue
at the Court, the suspended goods shall be released.
4. If after inspection of the goods it is revealed that the goods are counterfeit, which
was supported by the court at considering the case, the customs authorities shall
inform the right holder of names and addresses of the consignor, importer, exporter
and the consignee, and the quantity of the goods in question.  On basis of which theright holder may by means of the court, demand the mentioned persons
compensation of damages.  Whereas, by procedure legislation of Georgia at such
process the fact of counterfeit goods importation (export) does not need any
justification, as this shall be determined by earlier decision of the court.
Proceeding from the above mentioned we can conclude that in respect to the legislation of
Georgia the authorized body taking the judgement is the court and customs authorities enforce its
judgement.  This is conditioned by the factor, that the legislation of Georgia does not provide for ex
officio action of the customs authorities.  Though there is being prepared the respective draft law on
basis of which the customs authorities of Georgia shall be entitled to act ex officio.IP/C/W/290
Page 38
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
Our legislation provides for a mechanism to appeal to judicial bodies of final administrative
decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
At preliminary preparation stage of the case for production evidences both parties can apply
to the court. As regards to the protection of confidential information the court may announce the
closed hearing.
49. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
[No reply received.]
50. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
Under Article 2 of the Civil Procedural Code of Georgia: "For each person protection of
his/her right is available by civil judicial procedures".
In Georgia the right to possess the objects acquired in result of the intellectual activity is
protected  in the same way as the right of possess ion on other assets. Proceeding from the mentioned
the norms of the Civil Code are applied against injury of the property and relate to the enforcement, as
well as to the damages suffered in result of the infringement of this right (including neglected profit),
as applied to the intellectual property.
Remedies for protection of exclusive rights of a right holder are given in detail in legislative
acts regulating respective relations, in particular:
Under Article 59 of the Law of Georgi a on Copyright and Neighbouring Rights:
1. The holders of the exclusive copyright and neighbouring rights can demand from
the infringer:
a) recognition of the right;b) restoration of the state existing before the infringement and preventing of
the actions infringing the right or creating the danger of its infringement;
c) reimbursement of the losses, including the neglected profit;d) instead of the reimbursement of losses demand the confiscation of the
income, obtained by the infringer by infringing of copyright and
neighbouring rights;
e) instead of reimbursement of losses and confiscation of income paying the
compensation, the amount of which is determined by the court;IP/C/W/290
Page 39
f) taking other measures related to protection of their rights, provided by the
legislation of Georgia.
2. The measures defined by subparagraphs “c”, “d” and “e” of this Article are applied
by choice of the copyright and neighbouring rights holder.
3. At determining of the reimbursement of losses the court shall consider the essence of
infringement, the moral and economic damage caused to the holder of copyright and
neighbouring rights, as well as the expected income, which could be received by the
author or other holder of copyright and neighbouring rights at lawful use of the work
or neighbouring rights object. At compensation of damages the court expenses,
including the representative and lawyer fees, shall be taken into account.
Under Article 69 of the Patent Law of Georgia:
1. The patent owner has the right to appeal against the infringement of the rights
proceeding from a patent.
2. The holder of the exclusive license has the right to appeal against the infringement of
the rights derived from the patent, if a patent owner himself, during the reasonable
time from receipt of the notification on infringement does not present the appeal to
the Court.
Under Article 45 of the Law of Georgia on Trademarks:1. The infringement of the exclusive rights to the trademark results in the responsibility
pursuant to rule defined by the legislation of Georgia.
2. In the case of the exclusive rights infringement the holder of the trademark can appeal
to the court and demand:
a) the prevention of acts infringing his rights;b) the compensation of damages;
c) destruction of all those labels, pictures, imprints, packaging, packaging
materials and advertisements containing the registered trademark or its copy,
resemblance or imitation;
d) destruction of the plates, matrices and clichés prepared for making the
trademark and if separation of the trademark from the goods is impossible -the destruction of the goods.
Under Articles 15 and 16 of the Law of Georgia on Appellations of Origin and Geographical
Indications of Goods:
1. Infringement of the right arising from registration on an appellation of origin or
geographical indication causes civil, administrative or criminal responsibilities in
accordance with the current legislation.
2. The holder of the right for the use of an appellation of origin or geographical
indication, is authorized to bring an action against infringing party in the court and
require the following:IP/C/W/290
Page 40
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 labels, tags, drawings, imprints, packing, packing
materials and advertisements including the registered name.
Under Article 15.2 of the Law of Georgia on Topographies of Integrated Circuits:
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, including the profit he could receive;c) destruction or confiscation of the IC incorporating the topography used with
the commercial purpose.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
Under Article 53 of the Civil Procedure Code the Court may charge expenses to the loser.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
As it was mentioned in the answers to questions 49 and 59 the court takes such judgement on
basis of a party demand in respect to the relevant law.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
If the suit shall not be satisfied the plaintiff must compensate the defendant any abuse and
taken expenses, caused by bringing the suit. Mentioned is regulated under the Civil Code and Civil
Procedural Code.
54. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Chapter XXIII of the Civil Procedural Code of Georgia complies with Article 50 of the
TRIPS Agreement.
Under the provisions of Chapter XXIII "An app licant may apply to the court with a request on
provisional measures.  The request must contain the circumstances due to which the provisional
measures not taken  may make difficult or impossible the enforcement of the judgement, alsoindication of the provisional measures considered by the applicant as necessary" (191).
Under Article 192 "In the case which must not be delayed, the request on provision of suit
may be submitted before bringing the action at the court".  In such a case on basis of request of the
defendant the court shall determine a reasonable period during which, if the applicant does not initiate
the suit, the court shall revoke the adopted provisional measures on basis of defendants request.IP/C/W/290
Page 41
Mentioned period under the Law of Georgia on Border Measures Relating to the Intellectual Property
makes 14 calendar days.
The application on provisional measures shall be considered by the court on the day of
application submission without notification of the defendant, i.e. in respect to the principle – inaudita
altera parte  (Article 193).  Article 194 ensures the defendants right to appeal against the adopted
provisional measures within 5 days after the receipt of the notice.  Article 198 provides for provisional
measures, among them arrest of defendant’s property, securities and money resources; prohibition of
certain actions to the defendant.
Under Article 199: "The court is authorized to order the applicant to provide the defendant
appropriate compensation for any expected injury".  As the court practice shows, such provision may
be the deposition by the applicant of money or other securities to the third party payment account,
loan, bank or financial guarantees, etc.
The Civil Procedural Code of Georgia also provides for charging the expenses related to the
Court procedure to the loser.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
Such a competent authority is a court, as such goods may be suspended  only on baSis of
court judgement.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Such capability is provided by the Law of Georgia on Border Measures Relating to
Intellectual Property and Civil Procedural Code.
57. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
Such actions must be implemented under the court judgement as it was described in the
answers to questions 49 and 50.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
It is provided by the law on Border Measures Relating to Intellectual Property.
59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Articles 189 and 196 of the Criminal Code of Georgia comply with Article 61 of the TRIPS
Agreement.
Article 189
1. Misappropriation of authorship on copyright or neighbouring rights form, on
invention, utility model, industrial design, selection achievement, topography of
integrated circuit - shall be punishable by penalties or correction labour for two years
term.
2. Unlawful use of other person’s copyright or neighbouring rights form, invention,
utility model, industrial design, selecti on achievement, topography of integratedIP/C/W/290
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circuit for the commercial purpose or forcing on co-authorship – shall be punishable
by penalties or detention for two years.
3. The action defined in 1 or 2 paragraph of this Article:
a) committed repeatedly;
b) that caused significant damage, -
shall be punishable by detention for three years or imprisonment for the same
term.
Article 196
1. Unlawful use of other persons trade (service) mark, appellation of origin or
geographical indication or trade name, which caused significant damage, -
shall be punishable by penalties or correction labor for two years term.
2. False indication of warning notice together with unregistered trade (service) mark,
appellation of origin or geographical indication of goods,-
is punished with penalties of with the works useful for public from one hundred and
twenty to one hundred and eight hours and/or correction labor for one year term.
3. The actions defined in the 1 and 2 paragraphs of this Article committed repeatedly, -
shall be punishable by detention for three years, or imprisonment for four months, or
confinement for three years term and/or penalties.
Here must be marked that right holders participate in the criminal procedure as injured
persons and have procedural ability to determine the amount of damages suffered by the infringement
and present the infringer property claims.
Thus, the court defined the amount of fines by taking into consideration concrete
circumstances, among them suffered damages.
The Criminal Code does not provide for seizure and destruction of counterfeit goods and
equipment used for their production.  Though in number of cases such capability is provided for the
law regulating the relations relating to the certain forms of intellectual property. Besides, the Code of
Administrative Violations provides for seizure a nd destruction of counterfeit goods and equipment
used for their production, in particular:
Article 157.1
1. Unlawful reproduction of copies of a work of art, phonogram or visual record with
the purpose of sale, rent or use,-
results in monetary fines from 500 to 1000* Lari, along with seizure of reproduced
copies.
2. The same action committed by the person who during one year for such a
commitment was sentenced to administrative penalty, -IP/C/W/290
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results in monetary fines from 1000 to 3000 Lari, along with seizure of reproduced
copies.
Note: Seized reproduced copies are subjected to destruction, with the exception of cases,
when they are released to the holder of copyright or neighbouring right at his request.
Article 157.2
1. Forging of the information indicated on the copies of the work of art, phonogram or
visual record, indicating false information on producer or place of production, which
leads consumer into confusion, -
results in monetary fines from 500 to 1000 Lari, along with seizure of copies of the
work of art, phonogram or visual record.
2. The same action committed by the person who during one year for such a
commitment was sentenced to administrative penalty,-
results in monetary fines from 1000 to 3000 Lari, along with seizure of copies of the
work of art, phonogram or visual record.
Note: Seized reproduced copies are subjected to destruction, with the exception of cases,
when they are released to the holder of copyright or neighbouring right at his request.
Article 157.3
1. Change or destruction of the protective sign affixed to the work of art, phonogram or
visual record by the holder of the copyright or neighbouring right, -
results in monetary fines from 1000 to 3000 Lari.
2. The same action committed by the person who during one year for such a
commitment was sentenced to administrative penalty,-
results in monetary fines from 3000 to 5000 Lari, along with seizure of copies of the
work of art, phonogram or visual record.
Note: Seized reproduced copies are subjected to destruction, with the exception of cases,
when they are released to the holder of copyright or neighbouring right at his request.
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Article 6 of the Constitution of Georgia specifies the relations between the national legislation
and international treaties and agreements, in particular:
1. The Constitution is the supreme law of the state.  All other legal acts shall be issued
in accordance with the Constitution.IP/C/W/290
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2. The legislation of Georgia corresponds with universally recognised norms and
principles of international law.  International treaties or agreements concluded with
and by Georgia, if they do not contradict with the Constitution of Georgia, take
precedence over domestic normative acts.
Thus national treatment and most favoured nation treatment has direct applicability in
Georgia, as Georgia is a Member of the TRIPS Agreement.
SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
The Law on Appellations of Origin and Geographical Indications of Goods, which is in force
in Georgia, recognizes two forms: (1) appellations of origin, and (2) geographical indications.
Under Article 3.1 of this Law:An appellation of origin is the modern or historical name of a geographical place, region or, in
exceptional cases, a name of a country (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 environment and human factors;
c) production, processing and preparation of which take place within the defined
geographical area.
Under Article 3.2 of this Law:A geographical indication is a name or any other symbol indicating a geographical area and
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 preparati on of which take place in the defined
geographical area.
Protection provided for by Article 22.2 is reflected in Article 11 of the Law on Appellations
of Origin and Geographical Indications of Goods, according to which:
Proceeding from the registration of the appellation of origin or geographical indication the
following is prohibited:IP/C/W/290
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a) any direct or indirect commercial use of an appellation of origin 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 insofar 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 indication, which is the imitation or evocation of registered
appellation of origin, or geographical indication, even in translation, or accompanied
with such words as "type", "style", "similar", "as produced in", "method", etc.
d) any, use of misleading indication as to the origin, essential qualities or features of the
goods on the packaging, on an advertising material, or on documents relating to thegoods.
e) any packaging or presentation of a goods which can convey false impression as to its
origin.
The protected geographical indication cannot become generic.  Infringement of the rights
arising from registration of geographical indication causes civil, administrative or criminal
responsibilities.  The holder of the right for the use of a geographical indication, is entitled to bring an
action against infringing party in the court and require the following:
1. Prevention of the acts of infringement;
2. Compensation of damages;3. Confiscation of illegally produced goods and the equipment used for production of
said goods;
4. Destruction of all those labels, tags, drawings, imprints, packing, packing materials
and advertisements including the registered name.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
The Patent of Law of Georgia does not establish any limitation related to granting of patent on
products, by means of which it is in full compliance with Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider impor tation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
Under the Patent Law of Georgia exclusive rights of a patent owner covers the right to import.
The Patent Law does not explain the term on patent use and it is not clearly seen from the
Law whether the import of product manufactured on basis of main invention protected by patent shallIP/C/W/290
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be considered as use, though proceeding from analysis of different norms of the Law, in the case of
satisfying of the public demand import shall be considered as use.
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31of the TRIPS Agreement?  Please cite the relevant provisions of law.
The Patent Law meets the requirements prescribed by Article 31 of the TRIPS Agreement,
except the subparagraphs (e) and (g).  Nevertheless the amendments fully providing for the
requirements of Article 31 to the Law are ready and shall be in effect in the nearest future, whereas
any decision related to Compulsory licence may be revised on basis of the legislation of Georgia.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
It must be marked that in court proceeding of Georgia burden of proof is vested to plaintiff.
Though under Article 102 of the Civil Procedure Code ("Burden of proof.  Admissibility of proofs")
each party participating in the process must prove the grounds by which he supports his claims and atthe same time the legislation of Georgia provides for the cases where the burden of proof is vested to
the defendant, one of the examples of the mentioned is Article 49 of the Patent Law of Georgia, under
which "If the exclusive right of the patent owner extends to the patent, the object of which is a method
for obtaining a new product, then until proving the contrary, any similar product made by another
party will be deemed as obtained by this method."
Proceeding from the mentioned it may be said that at such litigation the burden of proof is
vested to the defendant, who must prove that he has not obtained new product by the patented method
of the other person.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the first applicant, when applying subsequently for market
authorisation for his own product.  Does your legisl ation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
Obligation of protection of the undisclosed information (commercial (trade) secret) in the
state agencies is provided for by the Administrative Code of Georgia and relevant regulations. Theseobligations apply to all the state agencies, among them the Ministry of Health, which issues marketing
approvals on use of pharmaceutical products in the market and the Ministry of Agriculture and Food,
which issues marketing approvals on usage of chemical products in agriculture.
Under Article 27.2 of the Administrative C ode the following shall be considered as
commercial secret:
"Information on plan, formulae, process means of commercial value and any other
information used for production of goods, preparing, processing or services, and/or which is
novel or is an important result of technical creativity, as well as other information disclosureof which may damage competitive ability of a person".  In addition, at submission of the
information to the state agency an applicant mu st indicate that the information is his/her
commercial secret, on basis of which within 10 days the administrative body must grant it a
secret stamp, with the exception of cases, where the obligation on information disclosure isIP/C/W/290
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prescribed by the law.  If the administrative body does not recognise the submitted
information as secret, it takes the decision on its disclosure and shall immediately notify the
party concerned.  Within 15 days from taking the decision the information shall become open.
if the person whose property is the information does not appeal against the decision taken on
disclosure of the information at the higher administrative body or at the court. The stateadministration must be immediately informed  of the fact. (Article 27.2 paragraph III).
By Article 1105 of the Civil Code a production-commercial secret is protected, in particular:"1. An entrepreneur, who possesses a producti on-commercial secret (know-how), which
is an information of special technological, organisational or commercial value
supported by necessary, and sufficient measures taken for keeping it secret, has anexclusive right to this information".
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
Chapter XIV ("Production of Evidences") of the Civil Procedure Code of Georgia conforms
with Article 43.1 of the TRIPS Agreement.
Under Chapter XIV "The person which has reasonable grounds to think that further
submission of necessary for him evidences shall become impossible or difficult may request the court
to produce these evidences.  Production of evidences is permitted before bringing an action before
court" (Article 109).  Production of evidences before bringing the action before the court is conducted
by a judge of that district or region, under jurisdiction of which the procedural action for production
of evidences Must be taken. (Article 110).
Appeal against the judgement of the court on production of evidences is not allowed.  The
negative judgement on production of evidences may be appealed against. (Article 119)
Under Article 2 of the Civil Procedure Code of Georgia: "For each person protection of
his/her right is available by civil judicial procedures".
In Georgia the right to possess the objects acquired in result of the intellectual activity is
protected in the same way as the right of possessi on on other assets.  Proceeding from the mentioned
the norms of the Civil Code are applied against injury of the property and relate to the enforcement, as
well as to the damages suffered in result of the infringement of this right (including neglected profit),
as applied to the intellectual property.
Remedies for protection of exclusive rights of a right holder are given in detail in legislative
acts regulating respective relations, in particular:
Under Article 59 of the Law of Georgi a on Copyright and Neighbouring Rights:
1. The holders of the exclusive copyright and neighbouring rights can demand from the
infringer:
a) recognition of the right;
b) restoration of the state existing before the infringement and preventing of the
actions infringing the right or creating the danger of its infringement;IP/C/W/290
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c) reimbursement of the losses, including the neglected profit;
d) instead of the reimbursement of losses demand the confiscation of the
income, obtained by, the infringer by, infringing of copyright and
neighbouring rights;
e) instead of reimbursement of losses and confiscation of income paying the
compensation, the amount of which is determined by the court;
f) taking other measures related to protection of their rights, provided by the
legislation of Georgia.
2. The measures defined by subparagraphs "c", "d" and "e" of this Article are applied by
choice of the copyright and neighbouring rights holder.
3. At determining of the reimbursement of losses the court shall consider the essence of
infringement, the moral and economic damage caused to the holder of copyright andneighbouring rights, as well as the expected income, which could be received by the
author or other holder of copyright and neighbouring rights at lawful use of the work
or neighbouring rights object.  At compensation of damages the court expenses,
including the representative and lawyer fees, shall be taken into account.
Under Article 69 of the Patent Law of Georgia:
1. The patent owner has the right to appeal against the infringement of the rights
proceeding from a patent.
2. The holder of the exclusive license has the right to appeal against the infringement of
the rights derived from the patent, if a patent owner himself during the reasonable
time from receipt of the notification on infringement does not present the appeal to
the Court.
Under Article 45 of the Law of Georgia on Trademarks:
1. The infringement of the exclusive rights to the trademark results in the responsibility
pursuant to rule defined by the legislation of Georgia.
2. In the case of the exclusive rights infringement the holder of the trademark can appeal
to the court and demand:
a) the prevention of acts infringing his rights;b) the compensation for damages;
c) destruction of all those labels, pictures, imprints, packaging. packaging
materials and advertisements containing the registered trademark or its copy,
resemblance or imitation;
d) destruction of the plates, matrices and clichés prepared for making the
trademark and if separation of the trademark from the goods is impossible -
the destruction of the goods.
Under Articles 15 and 16 of the Law of Georgia on Appellations of Origin and Geographical
Indications of Goods:IP/C/W/290
Page 49
1. Infringement of the right arising from registration on an appellation of origin or
geographical indication causes civil, administrative or criminal responsibilities in
accordance with the current legislation.
2. The holder of the right for the use of an appellation of origin or geographical
indication, is authorised to bring an action against infringing party in the court and
require the following:
a) prevention of the acts of infringement;b) compensation for damages;
c) confiscation of illegally produced goods and the equipment used for
production of said goods;
d) destruction of all those labels, tags, drawings, imprints, packing, packing
materials and advertisements including the registered name.
Under Article 15.2 of the Law of Georgia on Topographies of Integrated Circuits: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, including the profit he could receive;
c) destruction or confiscation of the IC incorporating the topography used with
the commercial purpose.
Chapter XXIII of the Civil Procedure Code of Georgia complies with Article 50 of the TRIPS
Agreement.
Under the provisions of Chapter XXIII "An app licant may apply to the court with a request on
provisional measures.  The request must contain the circumstances due to which the  provisional
measures not taken may make difficult or impossible the enforcement of the judgement, also
indication of the provisional measures considered by the applicant as necessary" (191).
Under Article 192 "In the case which must not be delayed, the request on provision of suit
may be submitted before bringing the action at the court".  In such a case on basis of request of the
defendant the court shall determine a reasonable period during which, if the applicant does not initiate
the suit, the court shall revoke the adopted provisional measures on basis of defendants request.
Mentioned period under the Law of Georgia on Border Measures Relating to the Intellectual Propertymakes 14 calendar days.
The application on provisional measures shall be considered by the court on the day of
application submission without notification of the defendant, i.e. in respect to the principle - inaudita
altera parte (Article 193).  Article 194 ensures the defendants right to appeal against the adopted
provisional measures within 5 days after the receipt of the notice.  Article 198 provides for provisional
measures, among them arrest of defendant's property, securities and money resources; prohibition of
certain actions to the defendant.IP/C/W/290
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Under Article 199: "The court is authorized to order the applicant to provide the defendant
appropriate compensation for any expected injury".  As the court practice shows, such provision may,
be the deposition by the applicant of money or other securities to the third party payment account,
loan, bank or financial guarantees, etc.
The Civil Procedure Code of Georgia also provides for charging the expenses related to the
Court procedure to the loser.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
There is planned to enter amendments in the Law of Georgia on Border Measures Related to
Intellectual Property.
But under the legislation in effect for present in Georgia:To enable a right holder to protect his/her rights (on trademark. form of copyright and
neighbouring rights) at the border of Georgia on basis of the Law of Georgia on Border Measures
Related to Intellectual Property, he/she must adopt the following procedures:
1. In case of existence of valid grounds, may lodge an application with the court and
demand the suspension of import or export of the infringing goods.  The applicationmust comply with the requirements of Article 4 of the Law of Georgia on Border
Measures Related to the Intellectual Property.
2. Within three days from lodging the application the parties concerned shall be
furnished with the copies of the court judging on suspension of the counterfeit goodsor on taking relevant judgement on measures in respect thereof, defining the terms for
such measures.  The court judgement shall be presented to custom authorities for
enforcement.
3. If within 14 days from taking the judgement by the Court the right holder fails to sue
at the Court, the suspended goods shall be released.
4. If after inspection of the goods it is revealed that the goods are counterfeit, which was
supported by the court at considering the case, the customs authorities shall inform
the right holder of names and addresses of the consignor, importer, exporter and the
consignee, and the quantity of the goods in question.  On basis of which the right
holder may by means of the court, demand the mentioned persons compensation ofdamages, whereas, by procedure legislation of Georgia at such process the fact of
counterfeit goods importation (export) does not need any justification, as this shall be
determined by earlier decision of the court.
Proceeding from the above mentioned we can conclude that in respect to the legislation of
Georgia the authorised body taking the judgement is the court and customs authorities enforce its
judgement.  This is conditioned by the factor, that the legislation of Georgia does not provide for ex
officio action of the customs authorities.  Though there is being prepared the respective draft law on
basis of which the customs authorities of Georgia shall be entitled to act ex officio.IP/C/W/290
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UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most
favoured nation treatment are provided to nationals of other WTO Members and cite to the relevant
provisions of law.
Article 6 of the Constitution of Georgia specifies the relations between the national legislation
and international treaties and agreements, in particular:
1. The Constitution is the supreme law of the state.  All other legal acts shall be issued
in accordance with the Constitution.
2. The legislation of Georgia corresponds with universally recognised norms and
principles of international law.  International treaties or agreements concluded with
and by Georgia, if they, do not contradict with the Constitution of Georgia, takeprecedence over domestic normative acts.
Thus national treatment and most favoured nation treatment has direct applicability in
Georgia, as Georgia is a Member State of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please conf irm that individual copies of computer programs
may not be rented even after they have been sold and cite to the relevant provision of the copyright
law of Georgia or of the Civil Code .
Under Article 19.1.c) of the Law of Geor gia "On Copyright and Neighbouring Rights:
An author of computer program along with the rights defined by Article 18 of this Law enjoys
the exclusive right to exercise, permit or prohibit the following:
c) spreading of the original or copies of computer program in the public in any form,
including renting.  With the first realisation of program copies in Georgia by the
author or with his consent the right of control on spreading such copies within the
territory of Georgia is exhausted, with the exception of the right - to control further
renting of program original or copies.
Here must be marked that on 23 May, 2001 the Parliament of Georgia has ratified the
accession of Georgia to the WIPO Copyright Treaty and WIPO Treaty on Performances and
Phonograms.
3. As part of the Working Party Report on the Accession of Georgia to the WTO, Georgia
predicted that the provisions on copyright contained in the Civil Code likely would be revoked when
the Civil Code was next updated so that Georgia’s law on copyright of 22 July 1999 would be the
source of copyright protection in Georgia.  Please advise of any concrete plans to do this or estimate
when this might be done.
As it is mentioned in the question, Georgia at acceding to WTO has taken obligation to
include the norms regulating copyright and neighbouring rights separate law, that was done on
22 June, 1999 (and not in July as indicated in the question), when the Parliament of Georgia adoptedIP/C/W/290
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the Law on Copyright and Neighbouring Rights. On the same day the Parliament of Georgia adopted
the law on Entering Amendments in the Civil Code of Georgia, in respect to which all the norms
regulating the copyright and related rights were exempted from the Civil Code and Article 10 17 of
the Civil Code was revised as follows:
"The commercial and personal moral rights regulated by the Copyright Law and some of their
neighbouring rights are protected under the Law of Georgia on Copyright and Neighbouring
Rights".
C. TRADEMARKS
4. In determining whether a trademark is well-known in Georgia, what factors are considered.Please cite to any relevant regulations or court decisions reflecting these factors.
For determining whether a trademark is well-known in Georgia, the unity of necessary
evidences is not formalized in any regulation or legislative act.  For present in Georgia 8 (eight)
trademarks enjoy the status of well-known trademark.  One mark from the mentioned (McLAREN)
was recognized as such by the Court, and the re maining seven marks by the Chamber of Appeals of
Sakpatenti (said marks represent the names of famous Bulgarian medicines).  In both cases the Court
and the Chamber of Appeals acted in respect to the international practice existing in this sphere and
WIPO recommendations.  At determining whethe r a trademarks is well-known in Georgia the
following factors were taken into account:
- the degree by which a trademark is known confirmed by the results of consumers
inquiry;
- the duration of trademark use confirmed by the documents certifying the importation
of the goods identified with said mark in the inner market; with certificates onadvertising of the trademark, etc.
D. GEOGRAPHICAL INDICATIONS
5. Please describe in detail how the new law "On the Protection of Appellations of Origin andGeographical Indications" of 22 June, 1999, provides for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions.  Please provide any examples of domestic geographical indications that have been sorecognized and protected.
The Law on Appellations of Origin and Geographical Indications of Goods, which is in force
in Georgia, recognizes two objects: (1) appellations of origin, and (2) geographical indications.
Under Article 4.1.2 of this Law:
An appellation of origin is the modern or historical name of a geographical place, region or, in
exceptional cases, a name of a country (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 environment and human factors,
c) production, processing and preparation of which take place within the defined
geographical area.IP/C/W/290
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Under Article 3.2 of this Law:
A geographical indication is a name or any other symbol indicating a geographical area and
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 preparati on of which take place in the defined
geographical area.
Under Article 4.1.2:1. Protection of an appellation of origin and geographical indication is conducted on
basis of registration at Sakpatenti 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.
Protection provided for by Article 22.2 of the TRIPS Agreement is reflected in Article 11 of
the Law on Appellations of Origin and Geographical Indications of Goods, according to which:
Proceeding from the registration of the appellation of origin or geographical indication the
following is prohibited:
a) any direct or indirect commercial use of an appellation of origin 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 insofar 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, but is likely to mislead the public as to the true
origin of the goods; or
c) any use of such a name or indication, which is the imitation or evocation of registered
appellation of origin or geographical indication, even in translation, or accompanied
with such words as "type", "style", "similar", "as produced in","method", etc.
d) any use of misleading indication as to the origin, essential qualities or features of the
goods on the packaging, on an advertising material. or on documents relating to thegoods.
e) any packaging or presentation of a goods which can convey false impression as to its
origin.
The protected geographical indication cannot become generic.  Infringement of the rights
arising from registration of geographical indication causes civil, administrative or criminal
responsibilities.  The holder of the right for the use of a geographical indication, is entitled to bring an
action against infringing party in the court and require the following:IP/C/W/290
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1. Prevention of the acts of infringement;
2. Compensation for damages;3. Confiscation of illegally produced goods and the equipment used for production of
said goods;
4. Destruction of all those labels, tags, drawings, imprints. packing, packing materials
and advertisements including the registered name.
As to the data on registration of local geographical indications, such fact has not yet taken
place in Georgia.
6. Please describe in detail the manner in which the law implements the additional protection
required for wines and spirits under Article 23.1 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
The legislation of Georgia in difference from TRIPS Agreement extends protection to all
other goods specified by, Article 11 of the Law of Georgia on Appellations of Origin and
Geographical Indications of Goods (see answer to the question 5, Article11.a, c and also Article 6 of
this Law:
"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 and geographical
indication protected in the other country, then the rule of protection and conditions of use ofsaid indication in Georgia is defined by the respective interstate agreement."
E. INDUSTRIAL DESIGNS
7. Please describe in detail the protection available in Georgia for textile designs, including theprocedure required to obtain such protection and cite to the relevant provisions of law or regulation.
With respect to Article 14 of the Patent Law of Georgia "By a patent shall be protected an
industrial design which represents a new artistic-constructive exterior of the article and complies the
criteria of novelty and industrial applicability", which also implies textile designs.  Whereas under
Article 17 subparagraph e) states the following. exclusions among which textile designs are not
specified:
- exterior of buildings and other real estate, except small architectural forms;
- liquid, gaseous, loose and other objects having unstable form;- for articles the exterior of which is conditioned only by technical or functional
appointment of their essential features;
- for printed production. part from the mentioned textile design as decorative - applied
work is protected under the Law of Georgia on Copyright and Neighbouring Rights.IP/C/W/290
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F. PATENTS
8. Please describe in detail the factors considered, under Georgia’s new patent law, indetermining to deny a patent because the claimed invention might provoke or encourage inhumane,
immoral and/or anti-social actions.  Please specify whether this provision has ever been invoked.
The legislators meant the requirement defined by Article 27.2 of the TRIPS Agreement,
namely "to protect ordre public  or morality, including to protect human, animal or plant life or health
or to avoid serious prejudice to the environment".  These provisions have never been invoked in
Georgia.
9. During the Working Party process, Georgia reported that the law “On Protection of
Selection Achievements” was consistent with the obligations of the Convention for the Protection ofNew Plant Varieties (UPOV).  Please explain whether Georgia has any plans to join UPOV.
In Georgia the following Laws on Protection of New Plant Varieties are in effect:- Law of Georgia "On Protection of Selection Achievements" (1996);- Law of Georgia "On Admission for Distri bution of Agricultural Varieties and on
Quality Seeds and Planting Materials".
For present accession of Georgia to the UPOV Convention is under consideration.
10 Please provide the current annual fees that are required by Sakpatenti to maintain a patent.
Please explain in detail the process for reinstating a patent that has expired for non-payment of the
annual fees under Article 54 of the patent laws of Georgia.
In the case of non-payment of the prescribed fees to maintain a patent a patent owner must
apply to Sakpatenti with a petition. which must comprise: (1) valid reasons of non-payment, (2)
request of reinstatement of patent validity., and (3) grace period makes six month, a petition shall be
drawn within three months from the date of expiration of the grace period and plus three months for
payment of the fees for reinstatement.  If Sakpat enti considers the circumstances given in the petition
valid shall take the decision on patent reinstatement,  which shall be recorded in the Register, provided
that within three month from the date the decision was taken the fees for reinstatement are paid.
The prescribed fees to maintain a patent are as follows:
Inventions
Grant of patent and maintenance for first two years - $200.  For third, fourth, fifth years
annually - $50.  For sixth, seventh, eighth years annually - $70.  For ninth, tenth, eleventh, years
annually - $170.  For twelfth, thirteenth, fourteenth years annually - $250.  For fifteenth, sixteenth,
seventeenth years annually - $300.  For eigh teenth, nineteenth, twentieth years - $500.
Utility Model
Publication, grant of patent and maintenance for first two years - $170.  For third, fourth years
annually - $ 30.  For fifth, sixth, years annually - $40.  For seventh, eighth years annually - $110.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
11. Please describe in detail the protection for layout-designs of integrated circuits provided by
the law "On Topographies of Integrated Circuits", including the term of protection.IP/C/W/290
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Under the Law of Georgia on Topographies of Integrated Circuits only the original
topography shall be registered (Article 5.1).  Requirements on originality are specified in the
paragraphs following Article 5. 1:
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 not
commonplace 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 ri ght to secure the certificate, or by, the
third party, for which said topology became available from the author in direct orindirect way, during two years before the application filing, date does not effect the
originality of topography.
Under Article 4 of this Law the validity term of the exclusive rights on topography makes 10
years from the date of registration.
Under Article 8.1 of this Law: "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, technique, system, technology or c oded information embodied in a topography, or IC
created on its basis".
Article 36 of the TRIPS Agreement is reflected by Article 8 of this Law in respect to which 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 substantial part thereof with the purpose to
incorporate it in IC or otherwise, with the exception of the pan. 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.
With the exception of cases (Article 10) when:1. The following shall not be deemed to be the infringer,: of exclusive right on
topography:
a) use of the topography, or product incorporating thereof for sole purpose
without gaining any, profit, also for analysis, research or teaching.
b) further distribution of IC or product embodying 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 including 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. heIP/C/W/290
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can do any action in regard to the existing stock or ordered 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 (this paragraph
applies to Article 37 of the TRIPS Agreement).
2. The actions of Article 8.2 shall not be deemed as the infringement of exclusive rights:
(a) exploitation of the identical topography made independently by the other
person before publication of the registered topography, in the Official
Bulletin;
(b) creation by the other person of an improved topography on basis of research
of the commonplace topography, if the new topography complies the
requirements of originality.
A proprietor of the topography or the party c oncerned can appeal against the decision of
Sakpatenti or the Chamber of Appeals in respect to Articles 68 and 69 of the "Patent Law of Georgia".
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, including the profit he could receive;(c) destruction or confiscation of the IC incorporating the topography used with the
commercial purpose.
H. PROTECTION OF UNDISCLOSED INFORMATION
12. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Georgia and cite to the relevant provisions of law
Obligation of protection of the undisclosed information (commercial (trade) secret) in the
state agencies is provided for by the Administrative Code of Georgia and relevant regulations. These
obligations apply to all the state agencies, among them the Ministry, of Health, which issues
marketing approvals on use of pharmaceutical products in the market and the Ministry of Agriculture
and Food, which issues marketing approvals on usage of chemical products in agriculture.
Under Article 272 of the Administrative Code  the following shall be considered as
commercial secret:
"information on plan, formulae, process means of commercial value and any other
information used for production of goods, preparing, processing or services, and/or which isnovel or is an important result of technical creativity, as well as other information disclosure
of which may damage competitive ability of a person". In addition, at submission of the
information to the state agency all applicant must indicate that the information is his/her
commercial secret, on basis of which within 10 days the administrative body must grant it a
secret stamp, with the exception of cases, where the obligation on information disclosure isprescribed by the law.  If the administrative body does not recognise the submitted
information as secret, it takes the decision on its disclosure and shall immediately notify the
party concerned.  Within 15 days from taking the decision the information shall become if the
person whose property is the information does not appeal against the open, decision taken onIP/C/W/290
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disclosure of the information at the higher administrative body or at the court.  The state
administration must be immediately informed  of the fact. (Article 27.2 paragraph III).
By Article 1105 of the Civil Code a production-commercial secret is protected, in particular:
"1. An entrepreneur, who possesses a producti on-commercial secret (know-how), which
is an information of special technological, organisational or commercial value
supported by necessary and sufficient measures taken for keeping it secret, has an
exclusive right to this information".
At the same time it must be marked that the procedure for marketing approval on
pharmaceutical or agricultural chemical products in the domestic market is prescribed by, therespective regulations, which provide as well for confidentiality of the information presented to the
state agency.
13. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
All other applications for marketing appr oval shall rely on their own test data.
I. ENFORCEMENT
14. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production
of evidence necessary to substantiate a party’s claims where that party has been unable to obtain
such evidence from the opposing party.  Please de scribe how the laws or regulations of Georgia
provide this authorization, citing to the relevant provisions of law or regulation.
Chapter XIV ("Production of Evidences") of the Civil Procedural Code of Georgia conforms
with Article 43.1 of the TRIPS Agreement.
Under Chapter XIV "The person which has reasonable grounds to think that further
submission of necessary for him evidences shall become impossible or difficult may' request the court
to produce these evidences.  Production of evidences is permitted before bringing an action beforecourt" (Article 109).  Production of evidences before bringing the action before the court is conducted
by a judge of that district or region, under jurisdiction of which the procedural action for production
of evidences must be taken. (Article 110).
Appeal against the judgement of the court on production of evidences is not allowed.  The
negative judgement on production of evidences may be appealed against. (Article 119)
15. Please describe in detail all of the civil remedies that are available to right holders under the
laws of Georgia, citing to the relevant provisions of law or regulation.
Under Article 2 of the Civil Procedural Code of Georgia: "For each person protection of
his/her right is available by civil judicial procedures".
In Georgia the right to possess the objects acquired in result of the intellectual activity is
protected in the same way as the right of possessi on on other assets.  Proceeding from the mentioned
the norms of the Civil Code are applied against injury of the property and relate to the enforcement, as
well as to the damages suffered in result of the infringement of this right (including neglected profit),
as applied to the intellectual property.IP/C/W/290
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Remedies for protection of exclusive rights of a right holder are given in detail in legislative acts
regulating respective relations, in particular:
Under Article 59 of the Law of Georgi a on Copyright and Neighbouring Rights:
1. The holders of the exclusive copyright and neighbouring rights can demand from the
infringer:
(a) recognition of the right;(b) restoration of the state existing before the infringement and preventing of the actions
infringing the right or creating the danger of its infringement;
(c) reimbursement of the losses, including., the neglected profit.(d) instead of the reimbursement of losses demand the confiscation of the income,
obtained by the infringer by infringing of copyright and neighbouring rights;
(e) instead of reimbursement of losses and confiscation of income paying the
compensation, the amount of which is determined by. the court;
(f) taking other measures related to protection of their rights, provided by the legislation
of Georgia.
2. The measures defined by subparagraphs "c", "d" and "e" of this Article are applied
by, choice of the copyright and neighbouring rights holder.
At determining of the reimbursement of losses the court shall consider the essence of
infringement, the moral and economic damage caused to the holder of copyright and neighbouring
rights, as well as the expected income, which could be received by the author or other holder of
copyright and neighbouring rights at lawful use of the work or neighbouring rights object.  At
compensation of damages the court expenses, including the representative and lawyer fees, shall be
taken into account.
Under Article 69 of the Patent Law of Georgia:
1. The patent owner has the right to appeal against the infringement of the rights
proceeding from a patent.
2. The holder of the exclusive license has the right to appeal against the infringement of
the rights derived from the patent, if a patent owner himself, during the reasonable
time from receipt of the notification on infringement does not present the appeal to
the Court.
Under Article 45 of the Law of Georgia on Trademarks:
1. The infringement of the exclusive rights to the trademark results in the responsibility
pursuant to rule defined by the legislation of Georgia.
2. In the case of the exclusive rights infringement the holder of the trademark can appeal
to the Court and demand:
(a) the prevention of acts infringing his rights;IP/C/W/290
Page 60
(b) the compensation of damages;
(c) destruction of all those labels, pictures, imprints, packaging, packaging
materials and advertisements containing the registered trademark or its copy,
resemblance or imitation;
(d) destruction of the plates, matrices and clich6s prepared for making the
trademark and if separation of the trademark from the goods is impossible the
destruction of the goods.
Under Articles 15 and 16 of the Law of Georgia on Appellations of Origin and Geographical
Indications of Goods:
1. Infringement of the right arising from registration on an appellation of origin or
geographical indication causes civil, administrative or criminal responsibilities in
accordance with the current legislation.
2. The holder of the right for the use of an appellation of origin or geographical
indication, is authorised to bring an action against 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 labels, tags, drawings, imprints. packing, packing
materials and advertisements including the registered name.
Under Article 15.2 of the Law of Georgia on Topographies of Integrated circuits: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, including the profit he could receive;
(c) destruction or confiscation of the IC incorporating the topography used with
the commercial purpose.
16 Please describe in detail the provisional procedures and remedies available to right holders
under the laws of Georgia, citing to the relevant provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
Chapter XXIII of the Civil Procedural Code of Georgia complies with Article 50 of the
TRIPS Agreement.
Under the provisions of Chapter XXIII "An app licant may apply to the court with a request on
provisional measures.  The request must contain the circumstances due to which the provisional
measures not taken may make difficult or impossible the enforcement of the judgement, also
indication of the provisional measures considered by, the applicant as necessary" (19 1).IP/C/W/290
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Under Article 192 "In the case which Must not be delayed. the request on provision of suit
may be submitted before bringing the action at the court".  In such a case on basis of request of the
defendant the court shall determine a reasonable period during which, if the applicant does not initiate
the suit, the court shall revoke the adopted provisional measures on basis of defendants request.Mentioned period under the Law of Georgia on Border Measures Relating to the Intellectual Property
makes 14 calendar days.
The application on provisional measures shall be considered by the court on the day of
application submission without notification of the defendant, i.e. in respect to the principle - i naudita
alteraparte (Article 193).  Article 194 ensures the defendants right to appeal against the adopted
provisional measures within 5 days after the receipt of the notice.  Article 198 provides for provisionalmeasures, among them arrest of defendant's property, securities and money resources; prohibition of
certain actions to the defendant.
Under Article 199: "The court is authorized to order the applicant to provide the defendant
appropriate compensation for any expected injury".  As the court practice shows, such provision maybe the deposition by the applicant of money or other securities to the third party payment account,
loan, bank or financial guarantees, etc.
The Civil Procedural Code of Georgia also provides for charging the expenses related to the
Court procedure to the loser.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
17 Please describe in detail the procedures a trademark or copyright owner would be required
to follow under the law "On Intellectual Proper ty Related Border Measures" to obtain border
enforcement against trademark counterfeiting and copyright piracy, respectively, identifying thecompetent authority and citing to the relevant provisions of the law or regulation.
To enable a right holder to protect his/her rights (on trademark, form of copyright and
neighbouring, rights) at the border of Georgia on basis of the Law of Georgia on Border Measures
Related to Intellectual Property, he/she must adopt the following procedures:
1. In case of existence of valid grounds, may lodge an application with the court and
demand the suspension of import or export of the infringing goods.  The application
must comply with the requirements of Article 4 of the Law of Georgia on Border
Measures Related to the Intellectual Property.
2. Within three days from lodging the application the parties concerned shall be
furnished with the copies of the court judgement on suspension of the counterfeit
goods or on taking relevant measures in respect thereof, defining the terms for such
measures.  The court judgement shall be presented to custom authorities for
enforcement.
3. If within 14 days from taking the judgement by the Court the right holder fails to sue
at the Court, the suspended goods shall be released.
4. If after inspection of the goods it is revealed that the goods are counterfeit, which was
supported by the court at considering the case, the customs authorities shall informthe right holder of names and addresses of the consignor, importer, exporter and the
consignee, and the quantity of the goods in question.  On basis of which the right
holder may by means of the court, demand the mentioned persons compensation of
damages.  Whereas, by procedure legislation of Georgia at such process the fact ofIP/C/W/290
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counterfeit goods importation (export) does not need any justification, as this shall be
determined by earlier decision of the court.  Proceeding from the above mentioned we
can conclude that in respect to the legislation of Georgia the authorised body taking
the judgement is the court and customs authorities enforce its judgement.  This is
conditioned by, the factor, that the legislation of Georgia does not provide for exofficio action of the customs authorities.  Though there is being prepared the
respective draft law on basis of which the Customs authorities of Georgia shall be
entitled to act ex officio.
18. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each form of
intellectual property, citing the relevant provisions of law.
The Law of Georgia on Border Measures Related to Intellectual Property, apart from the
forms of intellectual property mentioned above, specially provides for measures against the goods
infringing the right to an appellation of origin and geographical indications.  As to the remedies they
are the same for all the forms of intellectual property mentioned above.
19. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please explain whether the competent authorities in Georgia are
empowered to act ex officio and, if so, please iden tify the intellectual property areas subject to ex
officio action.
The legislation of Georgia does not provide for ex officio action of the state bodies (police,
customs).  Though there is being prepared proposals to authorise the state bodies to act ex officio.
20. Please describe in detail how the Criminal Code of Georgia implements Article 61 of the
TRIPS Agreement, which requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement on a commercial scale.  Please cite to the
relevant provisions of the Criminal Code.
Articles 189 and 196 of the Criminal Code of Georgia comply with Article 61 of the TRIPS
Agreement.
Article 189
1. Misappropriation of authorship on copyright or neighbouring rights form, on
invention, utility model, industrial design, selection achievement. topography ofintegrated circuit shall be punishable by penalties or correction labour for two years
term.
2. Unlawful use of other person's copyright or neighbouring rights form, invention,
utility, model. industrial design, selection achievement, topography of integratedcircuit for the commercial purpose or forcing on co-authorship shall be punishable by
penalties or detention for two years.
3. The action defined in 1 or 2 paragraph of this Article:
(a) committed repeatedly;
(b) that caused significant damage, - shall be punishable by detention for three
years or imprisonment for the same term.IP/C/W/290
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Article 196
1. Unlawful use of other persons trade (service) mark, appellation of origin or
geographical indication or trade name, which caused significant damage, shall be
punishable by penalties or correction labour for two years term.
2. False indication of warning notice together with Unregistered trade (service) mark,
appellation of origin or geographical indication of goods is punished with penalties of
with the works useful for public from one hundred and twenty to one hundred and
eight hours and/or correction labour for one year term.
The actions defined in paragraphs 1 and 2 of this Article committed repeatedly, shall be
punishable by detention for three years, or imprisonment for four months, or confinement for
three years term and/or penalties.
Here must be marked that right holders participate in the criminal procedure as injured
persons and have procedural ability to determine the amount of damages suffered by the infringementand present the infringer property, claims.  Thus, the court defined the amount of fines by taking into
consideration concrete circumstances, among them suffered damages.
21. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence.  Please describe the provisions in the Criminal Code that provide
for such remedies, and describe the circumstances in which those remedies would be imposed, citing
to the relevant provisions of law or regulation.
The Criminal Code does not provide for seizure and destruction of counterfeit goods and
equipment used for their production.  Though in a number of cases such capability is provided for the
law regulating the relations relating to the certain forms of intellectual property.  Besides, the Code of
Administrative Violations provides for seizure a nd destruction of counterfeit goods and equipment
used for their production, in particular:
Article 157.1
1. Unlawful reproduction of copies of a work of art, phonogram or visual record with
the purpose of sale, rent or use,-
results in monetary fines from 500 to 1000 Lari, along with seizure of reproduced
copies.
2. The same action committed by the person who during, one year for such a
commitment was sentenced to administrative penalty,-
results in monetary fines from 1000 to 3000 Lari, along with seizure of reproduced
copies.
Note: Seized reproduced copies are subjected to destruction, with the exception of cases,
when they are released to the holder of copyright or neighbouring right at his request.
Article 157.2
1. Forging of the information indicated on the copies of the work of art. phonogram or
visual record, indicating false information on producer or place of production, which
leads consumer into confusion,-
results in monetary fines from 500 to 1000 Lari, along with seizure of copies of the
work of art, phonogram or visual record.IP/C/W/290
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2. The same action committed by the person who during one year for such a
commitment was sentenced to administrative penalty,-
results in monetary fines from 1000 to 3000 Lari, along with seizure of copies of the
work of art, phonogram or visual record.
Note:  Seized reproduced copies are subjected to destruction, with the exception of cases,
when they are released to the holder of copyright or neighbouring right at his request.
Article 157.3
1. Change or destruction of the protective sign affixed to the work of art, phonogram. or
visual record by the holder of the copyright or neighbouring right,-
results in monetary fines from 1000 to 3 000 Lari.
2. The same action committed by the person who during one year for such a
commitment was sentenced to administrative penalty,-results in monetary fines from 3000 to 5000 Lari, along with seizure of copies of the
work of art, phonogram or visual record.
Note: Seized reproduced copies are subjected to destruction, with the exception of cases,
when they are released to the holder of copyright or neighbouring right at his request.
22. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions in
the Criminal Code that provide for such procedures and remedies, citing to the relevant provisions.
When answering the question 20 we have cited Articles 189 and 196 of the Criminal Code of
Georgia, which defined those forms of intellectual property for infringement of which respective
measures of criminal responsibility are provided for, namely Article 189 for infringement of the rights
to the form of copyright or neighbouring right, invention, utility model, industrial design, selection
achievement and topography of integrated circuit provides for respective penalty and Article 196
provides for respective penalty on infringement of the right to trademark, appellation of origin and
geographical indication.
L. STATISTICAL QUESTIONS
23. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement
for 2000, including the number of cases filed;  injunctions issued;  infringing products seized;infringing equipment seized;  cases resolved (i ncluding settlement); and the amount of damages
awarded.
In Georgia from 1999, when the legislative acts regulating the intellectual property field ,were
adopted, about 20 facts of enforcement of intellectual property, rights took place, where the litigationrespecting of examination decision are not included.
(1) Due to the infringement of copyright at the Court were lodged 11 appeals regarding
the following issues: determining the authorship on musical works, use of audiovisual
work by the local television without permission (the appeal was not satisfied),plagiarism (in result of said process the infringer was charged to pay about 100 000
Lari), use of the work by a theatre without permission (the appeal was satisfied, the
theatre was charged to pay about 40 000 La ri), use of drawing without permission,
regarding the use of Georgian logo of Coca-Cola (appeal was lodged by the painter),IP/C/W/290
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use of architectural work, 3 appeals lodged against the publishing houses for unlawful
publication (two appeals were satisfied, the infringers were charged to pay about
5000 Lari).
(2) Due to the infringement of trademark rights appeals were lodged, for one of the
marks were taken final decision (one of parties was prohibited to use the trademark),
for the remaining two the final decision has not been yet taken.  Here must be marked
that one litigation concerns the conflict of the trademark and domain name.
(3) Due to the infringement of the utility model rights infringement three appeals were
lodged, the final decision regarding to which has not been yet taken. In one of the
court proceedings participates the famous Concern DaimlerChrysler, as the subject-matter of the patent under consideration is the rear-view mirror of a car.
24. Please provide statistical information related to  criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions,
convictions, and the amount of fines and/or jail terms (including whether the fines were paid andwhether the jail term was actually served or was suspended) and any other information establishing
that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
The criminal enforcement of intellectual property rights is implemented by the Department of
Combatting the Intellectual Property Infringement at the Ministry Of Internal Affairs, which actuallybegan to work in the beginning of 2001.
In result of raids conducted on goods markets during 2000 and other taken measures 151
criminal cases were commenced.  Mainly infringeme nts concerned the unlawful use of the trademarks
and forging and in most cases the rights of the local persons were infringed.
During 2001 7 raids were already conducted and 69 facts of law infringement were revealed.
four cases concerned illegal reproduction of audio-visual products, during the mentioned operations
3000 illegal copies, as well as infringing equipment, were arrested.  The investigation has been
finished and the cases were passed to the court.
In remaining 65 cases the trademark rights were infringed and counterfeited.  The Court has
taken judgement for number of the cases and the infringers were charged with different sentences, in
most of the cases monetary fines.
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