IP/N/1/GEO/G/3  
 
7 March 2013  
(13-1253)  Page: 1/8  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
GEORGIA  
 This document reproduces the text1 of the Law on Appellations of Origin and Geographical 
Indications of Goods,  as notified by Georgia on 22 February 2013 under Article 63.2 of the 
Agreement (see document IP/N/1/GEO/3). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
G
ÉORGIE  
 Le présent document contient le texte1 de la Loi sur les appellations d'origine et les 
indications géographiques de marchandises, notifiée par la Géorgie le 22 février 2013 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/GEO/3).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
G
EORGIA  
 En el presente documento se reproduce el texto1 de la Ley de Denominaciones de Origen e 
Indicaciones Geográficas de las Mercancías, notificado por Georgia el 22 de febrero de 2013 en 
virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/GEO/3).   
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/GEO/G/3 
 
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Law on Appellations of Origin and Geographical Indications of Goods  
 Article 1. Purpose of the Law  
 
This Law regulates the relations formed in connection with registration, protection and use of appellations of origin and geographical indications of goods (services).  
 
Article 2. Definitions Used in the Law   The definitions used in the Law have the following meaning:  
 
(a) Sakpatenti – National Intellectual Property Cent er of Georgia – a legal entity governed by the 
public law responsible for procedures necessary for acquisition of the rights of natural persons and 
legal entities in the field of intellectual property; 
 (b) State Register of the Applications of Origin and Geographical Indications of Goods ("the 
Register") data on the registered appellations of origin and geographical indications and the 
natural persons or legal entities entitled to use the appellations of origins and geographical indications;   
(c) Application – documents necessary for registration  of an appellation of origin and geographical 
indication, or for acquiring of the right to use the appellation of origin or geographical indication;   
(d) Applicant – a natural person or legal entity, public authority or legal entity of public law, 
entrepreneurs' voluntary association, despite the organizational legal form, which requests the right to register an appellation of origin or ge ographical indication and/or to use a registered 
appellation of origin or geographical indication;  
 (e) Organoleptic characteristics – the characteristi cs of goods, the evaluation of which is carried 
out by means of human sense organs.  
 
Article 3. Appellation of Origin and Geographical Indication  
 
(1) An appellation of origin is a modern or historical name of a geographical place, region or, in 
exceptional cases, a name of a country (hereinafter "geographical area"), used to designate 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 geographical 
area.  
 (2) Geographical indication is the name or any other sign, which indicates a geographical area and 
is used to designate the goods:  
 
(a)  originating in that geographical area;   
(b)  specific quality, reputation, or other characteristics of which are attributable to that 
geographical area;  
 
(c)  production or processing or preparation of which takes place in the geographical area.  
 (3) If a traditional geographical or non-geographical name conveys an impression that goods 
originate from given geographical area, and the re quirements of paragraph (1) are fulfilled, said 
name may be considered as an appellation of origin of goods.   (4) By way of derogation from paragraph (1), as an appellation of origin may be considered the 
name of a geographical area where raw materials of  the goods come from the area larger than or IP/N/1/GEO/G/3 
 
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  different from said geographical area, if: – the di fferent boundaries of the geographical area and 
conditions for raw material production are dete rmined; – there are inspection arrangements to 
ensure that those conditions are adhered to.   
(5) For the purposes of paragraph (4), only live animals, meat and milk may be considered as raw 
materials.   
Article 4. Protection of Appellations of  Origin and Geographical Indications  
 (1) Appellations of origin and geographical indications shall be protected by registration at Sakpatenti or on the basis of an international agreement.  
 
(2) Appellations of origin and geographical indications of another country shall be protected on the basis of an international agreement.  
 
(3) The appellation of origin and geographical indication protected under the international agreement shall be registered at Sakpatenti.  
 
Article 5. Grounds for Refusal of Appellation s of Origin and Geographical Indications 
Registration   
As an appellation of origin or a geographical indication shall not be registered the name or any 
other sign, which:   
(a)  does not comply with the requirements of Article 3;  
 (b) has become a generic name, although it relates to the geographical area where the 
goods were produced, processed or prepared;  
 (c)  is likely to mislead the public as to the true origin of the goods;   
(d)  is contrary to the national dignity, religion, traditions and morality;  
 (e) is identical to the name of a plant variety or an animal breed, that is likely to mislead 
the public as to the true origin of the goods.  
 Article 6. Protection of Homonymous Appellati ons 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 another country, conditions of protection and use of said indication in Georgia shall be 
determined by the respective international agreement.  
 Article 7. Application for Registration of an Appellation of Origin or Geographical 
Indication  
 (1) An application for registration of an appellation of origin or geographical indication shall be filed 
with Sakpatenti by an applicant.  
 (2) The application shall refer to one appellation of origin or geographical indication.   
(3) The application shall be in the Georgian language.  
 (4) The application shall include:  
 
(a)  a request for registration of an appellation of origin or geographical indication;   
(b)  full name and legal address of the applicant;  
 (c)  appellation of origin or geographical indication;   IP/N/1/GEO/G/3 
 
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  (d)  name of the goods for which the registration of the appellation of origin or 
geographical indication is requested;  
 (e)  description of the goods and the raw material, with the indication of their chemical, 
physical, microbiological and/or organoleptic and other characteristics;  
 (f)  description of location of the geographical area indicating its exact boundaries;  
 
(g)  document issued by the local administrative body confirming that the goods originate 
from that geographical area;  
 
(h)  the description of production technology and conditions and methods of production 
specific for the relevant geographical ar ea, in the case of their existence;  
 
(i)  documents confirming, that specific quality or features of the goods are essentially or 
exclusively due to a particular geographical environment with its inherent natural and human factors, or specific quality, reputa tion or characteristics of the goods are 
attributable to the geographical area;  
 (j)  document confirming payment of the examination fee;   
(k)  power of attorney issued by an applican t in the name of his representative, if the 
application is filed by the representative;  
 
(l)  signature of the applicant or his representative. (5) The documents and data provided 
for in subparagraphs (e), (f), (h) and (i) of paragraph (4) shall be prepared and confirmed in accordance with the legislation of Georgia.  
 
Article 8. Examination, Publication, Registration  
 (1) Sakpatenti shall check whether the application complies with the requirements of Article 7, 
whether there exist the grounds for refusal provided for in subparagraphs (b), (c), (d), (e) 
Article 5 and shall perform the search on the data bases of trademarks, appellations of origin and 
geographical indications.  
 
(2) If the grounds for refusal provided for in su bparagraphs (b), (c), (d), (e) Article 5 exist, 
Sakpatenti shall take the decision not to continue examination of the application.  
 
(3) If the application does not comply with the re quirements of subparagraphs  (e), (f), (h) and (i) 
of paragraph (4) Article 7, the application shall be sent to the Ministry of relevant field for additional consideration.  
 
(4) If the application complies with the requirem ents of Article 7 and the grounds for refusal 
provided for in paragraphs (b), (c), (d), (e) of Article 5 do not exist, Sakpatenti shall publish the 
application materials in the Official Bulletin of th e Industrial Property of Georgia (hereinafter "the 
Bulletin"), in one central and one local newspaper.   
(5) If within three months after publication of the application materials additional information is 
presented to Sakpatenti, this information shall be se nt for consideration to the Ministry of relevant 
field.   
(6) If no information is presented within three months from the publication of the application 
materials, Sakpatenti shall take the decision on registration of the appellation of origin or geographical indication, shall enter its data in the Register and shall publish the data in the 
Bulletin.  
 (7) The following data shall be published in the Bulletin:  
 
(a)  the appellation of origin or geographical indication;   (b)  name of goods for which the registration of the appellation of origin or geographical 
indication is requested and description of its specific features;  IP/N/1/GEO/G/3 
 
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(c)  description of location of the geographic al area, showing the exact boundaries thereof;  
 (d)  full name and legal address of the applicant.  
 
(8) Registration of the appellation of origin or geographical indication shall be perpetual.   
Article 9. Fees  
 Fees fixed under the legislation of Georgia shall be paid for examination of an application for registration of an appellation of origin or geogra phical indication, entering changes in the Register, 
publication, issuing of the extract from the Register, also for other legal actions regarding the 
protection of an appellation of origin and geographical indication.   
Article 10. Registration and Protection of  Appellation of Origin and Geographical 
Indication in Another State  
 
1. Natural persons and legal entities of Georgia have the right to submit an appellation of origin or 
geographical indication for registration in another state only after its registration in Georgia.   2 .  I f  a t  t h e  t i m e  o f  r e g i s t r a t i o n  o f  a n  a p p e l l a tion of origin or geographical indication at 
"Sakpatenti", the applicant is a public authority or legal entity of public law, "Sakpatenti" is 
authorized to carry out measures necessary for the registration and protection in another state of an appellation of origin or geographical indication, which is registered in Georgia.  
 
Article 11. Scope of Protection  of Appellations of Origin and Geographical Indications  
 
(1) Registered appellations of origin and geographical indications shall be protected against the 
following:   
(a)  any direct or indirect commercial use of an appellation of origin or geographical 
indication in respect to the goods not covered by the registration, insofar as those 
goods are similar to the goods registered under the appellation of origin or geographical indication or insofar as using the appellation of origin or geographical 
indication exploits its reputation;  
 (b)  any use of the appellation of origin or geographical indication, which literally correctly 
designates the place of production of g oods, 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 any other sign, which is an imitation of appellation of origin 
or geographical indication, even in translation, or accompanied with such words as 
"type", "style", "similar", "as pr oduced in", "method", etc.  
 
(d)  any use of an indication, which is misleading as to the origin, essential quality or 
features of the goods on the packaging, on an advertising material, or on documents relating to the goods.  
 
(e)  any packaging or presentation of goods which may convey false impression as to its 
origin.  
 
(2) Where an appellation of origin or geographical indication contains the generic name of goods, 
use of that generic name shall not fall within the scope of Article 11.   
(3) The protected appellation of origin or geographical indication may not become generic.  
 Article 12. Use of Appellation of Or igin and Geographical Indication  
 
(1) Any natural person or legal entity, which prepares and/or processes and/or produces the goods in the geographical area respective to the appellation of origin or geographical indication and the specific quality, features and reputation of the produced goods are essentially or exclusively due IP/N/1/GEO/G/3 
 
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  to, or attributable to this geographical area, may file the application with Sakpatenti for acquisition 
of the right to use the appellation of origin or geographical indication.   (2) Sakpatenti shall enter the information on the natural person or legal entity entitled to use the 
appellation of origin or geographical indication in the Register.  
 (3) The right may be revised on the basis of inspection. The rule and periodicity of inspection shall 
be determined by the legislation of Georgia.  
 (4) Use of the appellation of origin or geographical  indication by the natural person or legal entity, 
which is not registered as a holder of the right, shall be prohibited.  
 
Article 13. Cancellation of Re gistration of an Appellation of Origin or Geographical 
Indication  
 
(1) Registration of an appellation of origin or geographical indication may be cancelled if:   
(a)  it has been registered in violation of the Law;  
 (b)  due to changing or disappearing of natu ral or human factors, specific for the given 
geographical area, becomes impossible to produce such goods which would have the 
quality and features indicated in the Register.  
 (2) Protection of the appellation of origin or geographical indication of a foreign country shall be 
terminated under the conditions of the international agreement.  
 Article 14. Relationship Between an Appellation  of Origin or Geographical Indication and 
a Trademark  
 (1) If after filing with Sakpatenti of an application for registration of an appellation of origin or geographical indication, an application for registration of a trademark is filed with Sakpatenti and 
in result of the registration of the appellation of origin or geographical indication there will exist 
one of the conditions provided for in Article 11, pending of the application for trademark shall be retained until the decision on registration of the ap pellation of origin or geographical indication is 
taken.  
 (2) If at the date of filing of the application for registration of an appellation of origin or 
geographical indication with Sakpatenti, the appl ication for registration of a trademark has been 
already filed, but the decision on registration of this trademark has not been taken yet and in result of the registration of the appellation of orig in or geographical indication there will exist one 
of the conditions provided for in Article 11, pending of the application for registration of trademark 
shall be retained until the decision on registration of the appellation of origin or geographical 
indication is taken.   
(3) If Sakpatenti takes the decision to refuse an application for registration of the appellation of 
origin or geographical indication, the examination of the trademark application retained under paragraphs (1) and (2) shall be continued, preserving the filing date.  
 
(4) If the use or registration of a trademark vi olates one of the conditions provided for in 
Article 11, action may be brought within 5 years fr om the day of the infringement of the rights in 
the appellation of origin or geographical indication or from the date of registration of the 
trademark, provided that by that day the tradem ark has been already published and that date is 
earlier than the date of recognition of the rights infringement.   
(5) If violation of one of the conditions provid ed for in Article 11 takes place by using of the 
trademark registered before the registration of the appellation of origin or geographical indication, 
the interested party may bring action claiming to cease the use of such a trademark within 5 years 
from the day of recognition of the infringement of the appellation of origin or geographical 
indication. In the case of disagreement among the parties the use of the registered trademark may 
be continued temporarily, but no longer than duration of the registration.   IP/N/1/GEO/G/3 
 
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  (6) If the trademark is registered in breach of th e requirements of paragraphs (1) or (2) of this 
Article, the registration of such a trademark shall be cancelled on the basis of court decision.   (7) The registration of the trademark and its fair use shall not be terminated, if the registration 
took place before protection has been granted to the appellation of origin or geographical 
indication in the country of origin or before enactment of this Law, provided that coexistence of the trademark and appellation of origin or geographical indication does not lead the public into 
confusion as to the origin of the goods.  
 (8) Article 11 shall not apply to the trademark used in a continuous manner for at least 10 years preceding April 15, 1994.  
 
(9) Taking into account the reputation of the regist ered trademark, its renown and duration of use, 
the appellation of origin or geographical indication  shall not be registered, if such a registration 
leads the public into confusion as to the true origin of the goods.  
 Article 15. Responsibilities for Infringement of  the Rights Resulting from Registration of 
Appellation of Origin or Geographical Indication  
 Infringement of the rights resulting from registrati on of an appellation of origin or geographical 
indication shall cause civil, administrative or criminal responsibilities under the legislation of 
Georgia.  
 Article 16. Claims in Action  
 
A natural person or legal entity entitled to use an appellation of origin or geographical indication shall be authorized to bring an action against infringing party and require:  
 
(a)  to stop an infringement;   (b)  compensation of damages;  
 
(c)  seizure and destruction of illegally produced goods and the equipment used directly 
for production of said goods;  
 
(d)  destruction of all those labels, drawings , imprints, packaging, packaging materials and 
advertisements bearing the appellation of origin or geographical indication.  
 
Article 17. Transitional Provisions  
 (1) Within three months after enacting of this Law Sakpatenti shall draft and approve under the 
established rule the "Instruction on Procedures Relating to the Filing of the Application for the 
Registration of an Appellation of Origin and Geographical Indication with Sakpatenti, Its Examination and Registration".  
 
(2) Sakpatenti together with the relevant Ministries and other offices shall draft and before October 1, 1999 submit to the President of Georgi a for approval the Regulations on Determining of 
Geographical Area Boundaries Respective to the Appellation of Origin and Geographical Indication 
of Goods, on Studying, Determining and Control of the Link of the Respective Characteristics of Goods with the Geographical Area.   
(3) Sakpatenti together with the relevant Ministries and other offices shall draft and before 
October 1, 1999 submit to the President of Georgia for approval the preliminary list of appellations 
of origin and geographical indications of goods produced in Georgia.  
 
(4) Before October 31, 2011 "Sakpatenti" shall ensure the compliance of the "Statute on Legal Entity of Public Law National Intellectual Property  Centre "Sakpatenti", approved by the Resolution 
of the Government of Georgia №181 of July 3, 2010 "On Approval of  the "Statute on Legal Entity 
of Public Law National Intellectual Property Centre "Sakpatenti", with Article 10 of this Law.   IP/N/1/GEO/G/3 
 
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  Article 18. Final Provisions  
 This Law shall enter into force from November 1, 1999.   
 
President of Georgia  Eduard Shevardnadze    
Tbilisi  
June 22, 1999  N 2108 IIs   
 
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