Industrial Designs Law in Georgia
Industrial Designs Law in Georgia
1. Legal Framework
In Georgia, industrial design protection is governed by:
Law of Georgia on Design (No. 3030) enacted on May 4, 2010, and amended by Law No. 1920 on December 23, 2017. (WIPO)
Instruction on Design Registration, approved by the Government of Georgia on August 25, 2010. (WIPO Lex)
Order No. 3 of December 14, 2011, by the Chairman of the National Intellectual Property Center of Georgia (Sakpatenti), which provides detailed procedural guidelines. (WIPO)
These laws are administered by Sakpatenti, Georgia's National Intellectual Property Center.(WIPO)
2. What Can Be Protected?
An industrial design in Georgia is eligible for protection if it:
Novel: The design must be new, meaning no identical design has been made available to the public before the filing date.(Sakpatenti)
Has Individual Character: The overall impression the design produces on an informed user must differ from that produced by any earlier design.(Sakpatenti)
Does Not Contradict Public Order or Morality: Designs that are contrary to public order or norms of morality are not protected.(Sakpatenti)
The protection covers the appearance of the whole or part of a product, resulting from features such as lines, contours, colors, shape, texture, material, or ornamentation. (lawyers.ge)
3. Registration Process
Filing Authority: Sakpatenti(Sakpatenti)
Application Requirements:
A request for registration of the design.(WIPO)
A view (image) of the design.(WIPO Lex)
If applicable, a power of attorney (if filed by a representative).(Sakpatenti)
A document verifying the succession (if filed by the designer’s successor in title).(Sakpatenti)
A copy of the first application (if claiming convention priority).(Sakpatenti)
A certificate from an official exhibition (if claiming exhibition priority). (Sakpatenti)
Examination Process:
Confirmation of Filing Date: Sakpatenti confirms the filing date within two weeks. (WIPO)
Examination as to Form: Conducted within one month to check completeness and compliance. (WIPO)
Substantive Examination: Performed within three months to assess novelty and individual character. (WIPO)
Accelerated Registration:
Applicants can request accelerated processing, including substantive examination within ten working days. (Sakpatenti)
4. Duration and Renewal
Initial Term: 5 years from the filing date.
Renewal: The protection can be renewed for up to four additional periods of 5 years each, totaling a maximum of 25 years. (Sakpatenti)
Grace Period: A 6-month grace period is provided for the payment of renewal fees.
5. Rights Conferred
The registered design holder has exclusive rights to:
Use the design.
Permit or prohibit the use of the design, including making, selling, importing, exporting, or putting on the market the product incorporating the design.(Sakpatenti)
Transfer or license the design rights. (Sakpatenti)
6. Enforcement and Remedies
In case of infringement, the design holder can seek:
Civil, administrative, or criminal remedies.(Sakpatenti)
Actions to stop unauthorized use and claim damages.(WIPO)
The Chamber of Appeals of Sakpatenti handles disputes, with decisions subject to appeal in Georgian courts. (lpa.ge)
7. International Protection
Georgia is a member of the Hague Agreement Concerning the International Deposit of Industrial Designs, allowing for the protection of designs in multiple countries through a single international application. (lpa.ge)
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law of Georgia on Design (No. 3030) |
| Registration Authority | Sakpatenti (National Intellectual Property Center) |
| Protection Duration | Initial 5 years, renewable up to 25 years |
| Unregistered Design Protection | Not available; protection through registered designs only |
| International Treaties | Member of the Hague Agreement for international design registration |
| Enforcement Jurisdiction | Sakpatenti's Chamber of Appeals and Georgian courts |
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