RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/290/Add.1
18 October 2001
(01-5123)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Georgia to an initial question and follow-up questions
posed by the European Communities and their member States and Switzerland
Addendum
By means of a communication from the Perm anent Mission of Georgia dated 15 October
2001, the Secretariat has received the following res ponses to an initial question and the follow-up
questions posed by the European Communities and their member States and Switzerland as circulated
in documents IP/C/W/274, 274 /Add.1 and 263/Add.1, respectively.1
_______________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
Initial question:
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Under the provisions of Chapter XXIII of the Civil Procedural Code of Georgia:
"An applicant may apply to the court with a request for 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).
As a provisional measure, the court is authorized to order a defendant to stop an infringement.
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 defendant's request.  The mentioned period under the Law of Georgia on BorderMeasures Relating to Intellectual Property is 14 calendar days.
                                                     
1 Georgia's responses to initial questions posed by the European Communities and their member States
and Switzerland were circulated in document IP/C/W/290.IP/C/W/290/Add.1
Page 2
The application for 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 defendant's right to appeal against the adopted
provisional measures within five 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.
Follow-up to question 15:
Please confirm that the requirements und er letters (a), (b) and (c) are applied
cumulatively
Under Article 3.1.2, a geographical indication is the name or any other symbol indicating a
geographical area that is used to designate the goods:
(a) originating in that specific area;
(b) the specific quality, reputation or other char acteristics of which are attributable to that
geographical area;
(c) production, or processing or preparation of  which take place in the defined geographical
area.
We confirm that the above-mentioned requirements under letters (a), (b) and (c) are applied
cumulatively.
Follow-up to question 17:
Please clarify whether wines and spirits receiv e a higher level of protection than other
goods.  If not, please explain how the general le vel of protection comply with the requirements of
Article 23 of the TRIPS Agreement.
Article 11 of the Law of Georgia on Appellations  of Origin and Geographical Indications of
Goods extends the higher protection provided by Article 23 of the TRIPS Agreement to all goods.  This
provision of the Law of Georgia on Appellations of Origin and Geogra phical Indications of Goods is in
accordance with Article 1 of the TRIPS Agreement, which provides that :
"Members may, but shall not be obliged to, implement in their law more extensive protection
than is required by this Agreement, provided  that such protection does not contravene the
provisions of this Agreement."
At the same time, it should be mentioned that  various countries share position concerning
extension of the protection provided under th e TRIPS Agreement for wines to other goods.
Follow-up to question 19:
Please confirm that Georgia does not have a sui generis  law on industrial designs.  Please
confirm that the requirement of inventiveness does not apply to industrial designs if they are to be
protected as patents.  Please clarify how protecting industrial designs can be protected as patentswhen the TRIPS Agreement (Article 25) limits the choice between a sui generis  law or copyright
law.
We confirm that the requirement of inventiven ess does not apply to industrial designs when
they are protected as patents.  Georgian legisla tion provided for the special provisions concerningIP/C/W/290/Add.1
Page 3
industrial designs.  Although these provisions are pa rt of Georgian Patent Law, which regulates matters
relating to the objects (invention, utility model, indus trial design) protected by patent.  Under Article 14
of the Patent Law:
"1. By a patent shall be protected an industrial design which represents a new artistic-
constructive exterior of the article and complie s with the criteria of novelty and industrial
applicability.
2. The industrial design is novel if the unity of its essential features, which define aesthetic
peculiarities of the article, is not commonly k nown in written or verbal description, public usage
or in any other way before the application filin g date with Sakpatenti, or if the Convention
priority is claimed before the date of this priority.
3. At determination of industrial design nove lty, all the applications for the industrial
designs filed with Sakpatenti shall be taken into account, provided that they have earlier
priority.
4. The state of the art is defined by all those data that have become widely known by
written or verbal description, also be applying it in Georgia ad which refer to devices,
substances or methods having similar application before the filing date, or if the Convention
priority is claimed before this priority date.
5. The industrial design is industrially appli cable, if its multiple production is possible."
Follow-up to question 45:
Please clarify how the requirement of governme ntal certification for an information to be
secret can be reconciled with the provisions of Ar ticle 39 of the TRIPS Agreement, which do not
seem to permit any such precondition.  Plea se explain in detail in which circumstances
information disclosure is prescribed by law.
As we mentioned in our answer to question 45, at submission of information to the State
agency, an applicant must indicate that the informati on is a commercial secret.  Georgian Administrative
Code, which regulates matters concerning the freedom of information kept at state agencies, indicates
that all information accumulated in state agencies is  free, besides information which consists of  a
commercial secret of a third party and state secrets.   As for the definition of mentioned information,
(a) information concerning state secret is determined  by the law on State secrets; (b) commercial secret
is defined by Article 27 2  of the Administrative Code as follows:
"Information on plans, formulae, process means of  commercial value and any other information
used for production of goods, prepar ing, 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."
If information does not satisfy the above-mentioned criteria it must be free.
The above-mentioned condition of Administrative Code seems to reconcile with the provisions
of Article 39.2 of the TRIPS Agreement, which provides for preventing information from being
disclosed under circumstances given in Article 39.2(a), (b) and (c).IP/C/W/290/Add.1
Page 4
SWITZERLAND
Follow-up to question 3:
Please confirm that, in accordance with Article 27.1 of the TRIPS Agreement, your
legislation provides that patent rights shall be  enjoyable without discrimination as to whether
products are imported or locally produced and that importation of patented products shall be
taken into account when determining if the n eeds of the national market are sufficiently
covered.
We confirm that patent rights shall be enjo yable without discrimination as to whether
products are imported or locally produced and the exclusive rights of a patent owner cover the right to
import.  Also, we confirm that importation of patented products shall be considered as "working" a
patent when determining if the needs of the national market are sufficiently covered.
__________