INTELLECTUAL PROPERTY RIGHTS IN GEORGIA
First Renewal Term
Subsequent Renewal Term
Law of Georgia No. 1795-IIS of February 5, 1999, on Trademarks (as amended up to Law No. 3054 of July 5, 2018) - is the primary law governing the mechanism of trademark registration and protection in Georgia.
Any person who uses a trademark or service mark in Georgia may file an application for registration of that mark with the Office of the Secretary of State. If the statutory requirements are met, then the Secretary of State will issue a certificate of registration.
It follows a 'first-to-use' system, which subjects to presenting evidence of prior use of the mark in the country.
Georgia follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.
The period for filing oppositions against trademark application in Georgia is three (03) months from the date of publication of the application.
Although valid for ten (10) years, the validity of a trademark can be extended for successive periods of ten (10) years each indefinitely by filing a request for renewal. This renewal request can be filed within twelve (12) months before the expiration date of the trademark.
The trademark registration may be renewed within a grace period of six (06) months following its expiry without an additional official fee for the late renewal.
The non-use grace period is five (05) years from the trademark registration date.
Georgia is a member of the Paris Convention for the Protection of Industrial Property.
Law of Georgia No. 3031 of 4th May 2010 - LHG I, No 27, 24.05.2010, Art.183 deals with the mechanism of patent protection in Georgia.
For seeking patent protection in Georgia, an application has to be filed with a legal entity under public law. The National Intellectual Property Centre of Georgia Sakpatenti is an independent body acting in the field of intellectual property protection (the Sakpatenti), which administers the entire process of patent grant.
In Georgia, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Georgia, an opposition against a patent application can be raised at the pre-grant stage within three (03) months approximately.
The patent of invention lasts for twenty (20) years in Georgia. A maintenance fee is due as from the third year after the international filing date. If the decision to grant the patent is taken after the expiration of two (02) years from the international filing date, the fee for granting the patent is payable together with a maintenance fee for the current year of the grant of the patent and for any preceding years between the second year and the year of grant. All subsequent maintenance fees may be paid before the due date but at the latest before the expiration of six (06) months from the due date.
Law on Designs of May 2010, in force since June 24, 2010) governs and deals with the mechanism of registration of industrial designs in Georgia.
An applicant or his or her representative may file an application for industrial design registration with the Sakpatenti.
The types of industrial design applications that can be filed in Georgia include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can be raised within three (03) months from its publication in Georgia.
The duration of industrial designs is five (05) years from the filing date, which is further renewable for four (04) terms of five (05) years each, up to a total protection term of twenty-five (25) years.
The fees for the examination of formal requirements for conducting substantive examinations, for the publication and registration of designs, for the maintenance of validity of the registration of an accelerated examination for each period of five (05) years, for making appeals, for making changes to the Registry data, and for other actions should be duly paid.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is a grace period of six (06) months to renew a registered industrial design.
Georgia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law of Georgia No. 2112-IIS of June 22, 1999, on Copyright and Neighboring Rights (as amended up to Law No. 3032-IS May 4, 2010) – deals with the mechanism of copyright protection in the country.
In Georgia, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. An author or another copyright holder has the right to deposit the original or a copy of a work with the National Intellectual Property Centre (Sakpatenti). Unless proved otherwise, a person referred to in a deposit certificate shall bedeemed as the author/copyright holder of the work.
Copyright arises upon the creation of the work and remains effective during the author's lifetime and within seventy (70) years after his or her death.
Property copyright of a person who lawfully published or communicated to the public a work that has not been previously published or communicated to the public shall be valid for twenty-five (25) years from the date of occurrence of such a fact.
A performer’s right provided in Article 47 of the copyright law shall be valid for fifty (50) years after the first performance. If, within this period, fixation of the performance was made lawfully available to the public by way of publication or communication to the public, the term shall be extended for fifty (50) years from the first occurrence of such a fact.
A phonogram or videogram producer’s right shall be valid for fifty (50) years from the first fixation of a phonogram or a videogram. If, during this period, the phonogram or the videogram was made lawfully available to the public by way of publication or communication to the public, this period shall be extended for fifty (50) years from the first occurrence of such a fact
A broadcasting (cable) organisation’s right shall be valid for fifty (50) years after the first transmission of such organisation’s broadcast.