LAW OF GEORGIA
ON BORDER MEASURES RELATED TO INTELLECTUAL PROPERTY
CHAPTER I.
GENERAL PROVISIONS
ARTICLE 1. OBJECTIVES OF THE LAW
The Law establishes the rule of applying the special border measures at the time of
importation to the economic territory of Georgia, at putting for storage at a
warehouse/terminal/other place for storage or exportation from Georgia of the goods
produced by infringement of copyright or neighbouring rights, rights of a database maker,
rights on an appellation of origin and geographical indication of goods or counterfeit
goods. It is based on the provisions on Special Border Measures of the Agreement on
Trade Related Aspects of Intellectual Property Rights concluded in the framework of the
World Trade Organization. (12.11.2010. N3806 shall enter into force from January 1,
2011)
ARTICLE 2. EXPLANATION OF DEFINITIONS USED IN THE LAW
The definitions used in the Law shall have the following meaning:
a) right holder - any natural person or legal entity, which according to the legislation of
Georgia has copyright or neighbouring right, rights of a database maker, exclusive right on
a trademark or the right to use of a registered appellation of origin or geographical
indication; (28.12.2005 N 2558 after 6 months from the publication)
b) goods produced by infringement of copyright or neighbouring rights - any goods which
are copies made without consent of the right holder or person duly authorized by the right
holder in the country of origin, and which, if originated in Georgia are produced by the
infringement of the legislation of Georgia on copyright or neighbouring rights;
(28.12.2005 N 2558 after 6 months from the publication)
1
c) goods infringing the rights on an appellation of origin and geographical indication of
goods - any goods on which the appellation of origin or geographical indication is used
illegally;
d) counterfeit goods - any goods, including packaging, bearing without authorization a
trademark which is identical to the trademark validly registered in respect of such goods or
which cannot be distinguished essentially from such a trademark, and which thereby
infringes the trademark holder’s rights defined by the legislation of Georgia;
e) “De Minimis” imports - small quantity of goods having a non-commercial nature
contained in a traveler’s luggage or sent in small containers.
CHAPTER II (28.12.2005 N 2558 after 6 months from the publication)
PROTECTION OF INTELLECTUAL PROPERY RIGHTS BY THE REVENUE
SERVICE – LEGAL ENTITY OF PUBLIC LAW UNDER THE MINISTRY OF
FINANCE OF GEORGIA
(Title. 12.11.2010. N3806 shall enter into force from January 1, 2011)
ARTICLE 3. PROTECTION OF RIGHTS OF A RIGHT HOLDER
(23.12.2011 N 5596)
1. Legal entity of public law – the Revenue Service (hereinafter – Relevant Service)
shall enforce protection of the rights of a right holder on an intellectual property object
whose request for implementation of the border measures is registered by legal entity of
public law – National Intellectual Property Center of Georgia Sakpatenti (hereinafter –
Sakpatenti).
2. The relevant service shall implement protection of the rights of a right holder on
an intellectual property object by the border measures provided for by this Law.
ARTICLE 4. REQUEST FOR IMPLEMENTATION OF BORDER
MEASURES (23.12.2011 N 5596)
2
1. An application of a right holder or his representative (hereinafter – applicant)
concerning implementation of border measures with respect to goods produces by the
infringement of copyright and neighbouring rights on an intellectual property object or
appellation of origin or geographical indication of goods or counterfeited goods shall be
submitted to Sakpatenti.
2. Together with the application provided for by paragraph 1 of this Article, detailed
information on the goods which contain the intellectual property object, other data, which
will facilitate identification of the goods, as well as information on the origin, location,
movement or owner of the goods produced by the infringement of rights on an intellectual
property object (if such information exists).
3. A person also has the right to submit the request provided for by paragraph 1of
this Article at the time of filing an application for the registration of an intellectual
property object with Sakpatenti.
4. Within 5 working days from the receipt of the application provided for by
paragraph 1of this Article, and together with the registration of an intellectual property
object - in case defined by paragraph 3 of this Article, Sakpatenti shall take a decision to
register or to refuse registration of the request of the right holder in the relevant Register
(hereinafter – the Register).
5. The right holder’s request shall be registered for a 2-year term, which can be
extended upon the applicant’s request, but no longer than the term of validity of rights on
an intellectual property object.
6. Sakpatenti shall without delay provide the information on the registration of a
request for implementation of border measures with respect to the goods produces by the
infringement of copyright and neighbouring rights on an intellectual property object or
rights on an appellation of origin or geographical indication or counterfeit goods, together
with the data provided for by paragraph 2 of this Article, to the Relevant Service.
ARTICLE 5. SUSPENSION OF GOODS (29.12.2006 N4276)
3
1. If at the time of importation of goods, putting for storage at a
warehouse/terminal/other place for storage or exportation from Georgia the Relevant
Service has grounds for suspecting that the goods are produced by the infringement of
rights of an intellectual property object and the request of right holder of such an object on
implementation of border measures is registered in accordance with paragraph 4 of this
Article, the service takes a decision on movement of such goods and/or suspension for 10
working days (for 6 working days in case of perishable goods) according to procedures
provided for by the tax legislation of Georgia. (23.12.2011 N 5596)
2. The applicant shall be informed without delay about the decision of the Relevant
Service and the name (title) and address of the importer, exporter and/pr owner of the
goods. The owner of the goods shall also without delay be informed about the decision
and the name (title) and address of the applicant.
ARTICLE 6. INSPECTION AND RIGHT TO OBTAIN INFORMATION
(29.12.2006 N4276)
1. With the consent of the Relevant Service, an applicant has the right, in the
presence of the owner of the goods, to inspect the suspended goods and take a sample of
the goods to be inspected. (29.12.2006 N4276)
2. The applicant has the right to request extension of the suspension term of the
goods by 10 working days in order to conduct examination of the sample of the goods. In
case of the perishable goods the term shall not be extended.
3. The Relevant Service shall provide to the applicant and the owner of the goods
(or his representative) information which is necessary for identifications and inspection of
goods. This information is confidential and its disclosure is prohibited, except the cases
defined by the legislation of Georgia. Disclosure of such information by the applicant
entails the cancellation of the registration of the request for the implementation of border
measures and termination of procedure of suspension of the goods. (23.12.2011 N 5596)
4
ARTICLE 7. CANCELLATION OF THE DECISION ON SUSPENSION OF
GOODS
1. The Relevant Service shall cancel the decision on suspension of goods:
(29.12.2006 N4276)
a) upon the applicant’s request;
b) in case if the procedure provided for by paragraph 1 of Article 8 of this Law
was not implemented and during the period of validity of the decision on the suspension of
the goods the applicant did not suit a case with the court concerning the infringement of
his intellectual property rights;
c) if Sakpatenti has taken a decision on cancellation of the registration of the right
holder’s request; (23.12.2011 N 5596)
d) in the case defined by paragraph 3 of Article 6 of this Law. (23.12.2011 N
5596)
2) If during the period of validity of the decision on the suspension of the goods
the applicant suits a case with the court concerning the infringement of his intellectual
property rights, all relations linked with suspension of the goods (including duration of
suspension of the goods, amount of the damages, existence of the fact of infringement of
rights) shall be regulated according to the legislation of Georgia.
3. If during the period of validity of the decision on the suspension of the goods
the applicant suits a case with the court concerning the infringement of his intellectual
property rights, he shall inform the Relevant Service about this. (12.11.2010. N3806 shall
enter into force from January 1, 2011)
4. Repealed (12.11.2010. N3806 shall enter into force from January 1, 2011)
5. Repealed (12.11.2010. N3806 shall enter into force from January 1, 2011)
6. The applicant shall compensate to the importer, exporter, owner of the goods
and/or other person for suffered material damage and expenses of the Relevant Service
linked with the suspension of goods after the applicant is given an opportunity of
inspection of the suspended goods and groundlessness of the suspicion of the Relevant
5
Service and/or applicant is confirmed. (23.12.2011 N 5596)
7. During the period of validity of the decision on the suspension of the goods
before submitting a written agreement provided for by paragraph 1 of Article 8 of this Law
the expenses of storage of the goods shall be imposed on the importer, exporter and/or
owner of the goods, and after submitting this agreement or from expiration of the period of
validity of the decision on the suspension of the goods to destruction of the goods – on the
applicant. (23.12.2011 N 5596)
ARTICLE 8. SEIZURE AND DESTRUCTION OF GOODS BY THE
RELEVANT SERVICE (29.12.2006 N4276)
1) If before expiration of the period of validity of the decision on suspension of
goods the importer, exporter and/or owner of the goods does not appeal against the
applicant’s request, or if the applicant and importer, exporter and/or owner of the goods
within 7 working days from the notification provided for by paragraph 2 of Article 5 of
this Law submits to the Relevant Service a written agreement that the owner of the goods
refuses the suspended goods, the goods shall be destructed at the expense and with the
responsibility of the applicant, under the supervision of the Relevant Service. In case of
perishable goods the term of submission of the written agreement shall be 4 working days.
(23.12.2011 N 5596)
2. The Relevant Service shall keep a copy of the destructed goods in order that its
use as evidence can be possible. (29.12.2006 N4276)
3. The suspended goods can be not destructed and can be used for humanitarian or
charitable, only with the applicant’s consent, provided that the suspended goods will not
endanger human life or health.
ARTICLE 9. “DE MINIMIS” IMPORT
This Law shall not apply to small quantities of goods of a non-commercial nature
contained in a traveler’s luggage or sent in a small container.
CHAPTER III
6
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 10. TRANSITIONAL PROVISION
The Chairman of the State Customs Department of Georgia shall be entrusted within
two months from enacting the Law to issue the rule on destruction and disposal of the
goods produced by the infringement of copyright, rights on an appellation of origin or
geographical indication or counterfeit goods.
ARTICLE 11. FINAL PROVISION
The Law shall be enacted upon publication.
President of Georgia Eduard Shevardnadze
Tbilisi, June 23, 1999
N 2159 - IIს
7