Georgia - Protection of Property RightsGeorgia-Protection of Property Rights
Real Property
Georgia ranks high in World Bank’s Doing Business 2019 report in general, but especially in the category of “registering property.” Processes are streamlined and transparent, and takes minimal time. It takes one day and is conducted at Public Service Halls.
In June 2017, the Parliament adopted a legislative amendment that placed a moratorium on the sale of agricultural land to foreign citizens and stateless persons. Under the amendment, foreigners, legal entities registered abroad, and legal entities registered by foreigners in Georgia were not able to purchase agricultural land in Georgia. Furthermore, the new Constitution that came into force in December 2018, imposed restrictions on the sale of agricultural land. Currently the parliament is considering a draft law that would allow foreigners to purchase land under a relevant investment plan and other preconditions.
Mortgages and liens are registered through the public registry and information can be obtained from the webpage www.napr.gov.ge.
The government has taken multiple steps to regulate land titling, including facilitating simplified procedures, free registration campaigns, and mediation services. The National Public Registration Agency reported that from August 2016 through February 2019, 300 thousand hectares of land were registered under the land reform project, increasing the share of titled land to 45 percent. Unclear or unregistered titling bears the potential to hamper investment projects.
Property ownership cannot revert to other owners when legally purchased property stays unoccupied.
Intellectual Property Rights
Georgia acceded to the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 2000. The Ministry of Economy and Sustainable Development is responsible for WTO compliance.
The legal framework for protection of intellectual property in Georgia is approximated to international standards. Six laws regulate intellectual property rights (IPR) in Georgia: the Law on Patents, the Law on Trademarks, the Law on Copyrights and Neighboring Rights, the Law on Appellation of Origin and Geographic Indication of Goods, the Law on Topographies of Integrated Circuits, and the Law on IP-Related Border Measures. Georgian law now provides protection for works of literature, art, science, and sound recordings for 50 years.
The National Intellectual Property Center of Georgia (Sakpatenti) provides legal protection of intellectual property objects in Georgia: it issues protective documents on invention, utility model, trademark, design, geographical indication and appellation of origin, new animal breeds and plant varieties, and ensures the deposit of copyrighted work. The Revenue Service, which is part of the Ministry of Finance, is responsible for enforcing the protection of IPR holders that are listed in the Register of Intellectual Property Subject-Matters of the relevant service. The Revenue Service is responsible for border control and can halt import or export of items based on the register data. After the registration procedure is completed, the Revenue Service is liable to suspend counterfeit goods. According to the Law, the goods may be suspended for no longer than 10 working days, which may be extended by the Revenue Service for another 10 working days. The Law of Georgia on Border Measures Related to Intellectual Property provides for the possibility of destruction of counterfeit goods on the basis of a court decision.
IPR infringement of industrial property rights, copyrights, performers’ rights, rights of makers of databases, trademarks or other illegal use of commercial indications can incur civil, criminal, and administrative penalties. Depending on the type and extent of the violation, penalties include fines, corrective labor, social work, or imprisonment.
Sakpatenti is an active and engaged partner of the United States in training to educate the public on IPR issues. Sakpatenti coordinates the government’s approach to IPR enforcement under the Interagency Coordination Council (Council) for IPR Enforcement. The Council is an efficient platform for government institutions to exchange their views on IPR enforcement issues. Georgia is improving IPR enforcement, but some problems persist, especially software licensing and pirated content available online. Many judges and lawyers lack sufficient knowledge of IPR laws and issues; pirated video and audio recordings, electronic games, and computer software are sometimes available; and unlicensed content free for users to download or stream is available on some websites. The U.S. government Commercial Law Development Program continues to provide assistance to Sakpatenti and other governmental entities to build capacity to deal with IPR-related issues effectively.
Legislative changes:
In line with Georgia’s commitments under the DCFTA, to prevent and suppress infringements of IPR and to ensure the implementation of appropriate sanctions, the National Intellectual Property Center of Georgia (Sakpatenti) drafted a package of amendments to the IP legislation, which the Parliament adopted on December 23, 2017, and entered into force on January 11, 2018. The amendments apply to the following legislative acts regulating intellectual property: the Patent Law of Georgia, the Law of Georgia on Copyright and Related Rights, the Law of Georgia on Design, the Trademark Law of Georgia, the Code of Civil Procedure of Georgia, the Law of Georgia on Pesticides and Agrochemicals, and the Law of Georgia on Drugs and Pharmaceutical Activity.
According to the new amendments, in case of IPR infringement, the holder is endowed with authority to demand removal from circulation of infringing objects, their destruction, destruction of any images related to them and deletion of the material published online that infringes on exclusive rights, and the destruction of any technical devices, which is used to make these objects. According to the amendments, the holder of exclusive rights is entitled to define, at their discretion, the caused damage and received benefit, and can demand lump sum compensation payment. The amendments also stipulate provisional measures to preserve relevant evidence and restrain measures related to protection of intellectual property subject-matters, which is especially important in terms of effective enforcement of rights.
Georgia also approximated laws on “border measures related to IPR” with the EU regulation N608/2013. Amendments were introduced in 2017, which included additional intellectual property objects to be protected at the border, including: design, patent, utility model, topographies of integrated circuits, new breeds of animals, and varieties of plants. Under those new amendments, customs authorities are entitled to take ex-officio actions at the border and detain suspected IP rights infringing goods. Parliament approved the amendments December 13, 2017, and they entered into force on February 7, 2018.
Development of an effective system of Internet Service Providers (ISP) Liability is also one of the obligations under the DCFTA. In order to implement an ISP Liability in Georgian legislation, in 2017, Sakpatenti drafted the amendments to the Law of Georgia “On Copyright and Related Rights” providing introduction of ISP related provisions. The amendments were drafted on the basis of the draft Law of Georgia “On Electronic Commerce,” prepared by the Ministry of Economy and Sustainable Development of Georgia.
In 2018, the Ministry of Finance’s Investigation Service initiated 16 cases under Article 196 of the Criminal Code of Georgia (unlawful use of trademark, service marks, or other commercial designations). Out of 16 cases, 12 were initiated ex officio. As a result, 40,268 items of counterfeit goods were seized, with the total value of $45,000.
In 2018, the Revenue Service’s Customs Department issued 119 orders to suspend products. Of these, in 82 cases the rights holder and the owner of the products agreed to destroy the products, with a total value of $30,500. In 16 cases, the rights holder filed a lawsuit in the court, and in 21 cases the goods were released, because either it was not proven that the goods were counterfeited or the rights holder did not file a lawsuit.
Georgia is not listed in USTR’s Special 301 report. Similarly, Georgia is not listed in the Notorious Markets Report.
For additional information about treaty obligations and points of contact at local IP offices, please see WIPO's country profiles at: http://www.wipo.int/directory/en/.
For a list of lawyers in Georgia, please visit: http://georgia.usembassy.gov/list_of_attorneys.html.
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
Georgia ranks high in World Bank’s Doing Business 2019 report in general, but especially in the category of “registering property.” Processes are streamlined and transparent, and takes minimal time. It takes one day and is conducted at Public Service Halls.
In June 2017, the Parliament adopted a legislative amendment that placed a moratorium on the sale of agricultural land to foreign citizens and stateless persons. Under the amendment, foreigners, legal entities registered abroad, and legal entities registered by foreigners in Georgia were not able to purchase agricultural land in Georgia. Furthermore, the new Constitution that came into force in December 2018, imposed restrictions on the sale of agricultural land. Currently the parliament is considering a draft law that would allow foreigners to purchase land under a relevant investment plan and other preconditions.
Mortgages and liens are registered through the public registry and information can be obtained from the webpage www.napr.gov.ge.
The government has taken multiple steps to regulate land titling, including facilitating simplified procedures, free registration campaigns, and mediation services. The National Public Registration Agency reported that from August 2016 through February 2019, 300 thousand hectares of land were registered under the land reform project, increasing the share of titled land to 45 percent. Unclear or unregistered titling bears the potential to hamper investment projects.
Property ownership cannot revert to other owners when legally purchased property stays unoccupied.
Intellectual Property Rights
Georgia acceded to the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 2000. The Ministry of Economy and Sustainable Development is responsible for WTO compliance.
The legal framework for protection of intellectual property in Georgia is approximated to international standards. Six laws regulate intellectual property rights (IPR) in Georgia: the Law on Patents, the Law on Trademarks, the Law on Copyrights and Neighboring Rights, the Law on Appellation of Origin and Geographic Indication of Goods, the Law on Topographies of Integrated Circuits, and the Law on IP-Related Border Measures. Georgian law now provides protection for works of literature, art, science, and sound recordings for 50 years.
The National Intellectual Property Center of Georgia (Sakpatenti) provides legal protection of intellectual property objects in Georgia: it issues protective documents on invention, utility model, trademark, design, geographical indication and appellation of origin, new animal breeds and plant varieties, and ensures the deposit of copyrighted work. The Revenue Service, which is part of the Ministry of Finance, is responsible for enforcing the protection of IPR holders that are listed in the Register of Intellectual Property Subject-Matters of the relevant service. The Revenue Service is responsible for border control and can halt import or export of items based on the register data. After the registration procedure is completed, the Revenue Service is liable to suspend counterfeit goods. According to the Law, the goods may be suspended for no longer than 10 working days, which may be extended by the Revenue Service for another 10 working days. The Law of Georgia on Border Measures Related to Intellectual Property provides for the possibility of destruction of counterfeit goods on the basis of a court decision.
IPR infringement of industrial property rights, copyrights, performers’ rights, rights of makers of databases, trademarks or other illegal use of commercial indications can incur civil, criminal, and administrative penalties. Depending on the type and extent of the violation, penalties include fines, corrective labor, social work, or imprisonment.
Sakpatenti is an active and engaged partner of the United States in training to educate the public on IPR issues. Sakpatenti coordinates the government’s approach to IPR enforcement under the Interagency Coordination Council (Council) for IPR Enforcement. The Council is an efficient platform for government institutions to exchange their views on IPR enforcement issues. Georgia is improving IPR enforcement, but some problems persist, especially software licensing and pirated content available online. Many judges and lawyers lack sufficient knowledge of IPR laws and issues; pirated video and audio recordings, electronic games, and computer software are sometimes available; and unlicensed content free for users to download or stream is available on some websites. The U.S. government Commercial Law Development Program continues to provide assistance to Sakpatenti and other governmental entities to build capacity to deal with IPR-related issues effectively.
Legislative changes:
In line with Georgia’s commitments under the DCFTA, to prevent and suppress infringements of IPR and to ensure the implementation of appropriate sanctions, the National Intellectual Property Center of Georgia (Sakpatenti) drafted a package of amendments to the IP legislation, which the Parliament adopted on December 23, 2017, and entered into force on January 11, 2018. The amendments apply to the following legislative acts regulating intellectual property: the Patent Law of Georgia, the Law of Georgia on Copyright and Related Rights, the Law of Georgia on Design, the Trademark Law of Georgia, the Code of Civil Procedure of Georgia, the Law of Georgia on Pesticides and Agrochemicals, and the Law of Georgia on Drugs and Pharmaceutical Activity.
According to the new amendments, in case of IPR infringement, the holder is endowed with authority to demand removal from circulation of infringing objects, their destruction, destruction of any images related to them and deletion of the material published online that infringes on exclusive rights, and the destruction of any technical devices, which is used to make these objects. According to the amendments, the holder of exclusive rights is entitled to define, at their discretion, the caused damage and received benefit, and can demand lump sum compensation payment. The amendments also stipulate provisional measures to preserve relevant evidence and restrain measures related to protection of intellectual property subject-matters, which is especially important in terms of effective enforcement of rights.
Georgia also approximated laws on “border measures related to IPR” with the EU regulation N608/2013. Amendments were introduced in 2017, which included additional intellectual property objects to be protected at the border, including: design, patent, utility model, topographies of integrated circuits, new breeds of animals, and varieties of plants. Under those new amendments, customs authorities are entitled to take ex-officio actions at the border and detain suspected IP rights infringing goods. Parliament approved the amendments December 13, 2017, and they entered into force on February 7, 2018.
Development of an effective system of Internet Service Providers (ISP) Liability is also one of the obligations under the DCFTA. In order to implement an ISP Liability in Georgian legislation, in 2017, Sakpatenti drafted the amendments to the Law of Georgia “On Copyright and Related Rights” providing introduction of ISP related provisions. The amendments were drafted on the basis of the draft Law of Georgia “On Electronic Commerce,” prepared by the Ministry of Economy and Sustainable Development of Georgia.
In 2018, the Ministry of Finance’s Investigation Service initiated 16 cases under Article 196 of the Criminal Code of Georgia (unlawful use of trademark, service marks, or other commercial designations). Out of 16 cases, 12 were initiated ex officio. As a result, 40,268 items of counterfeit goods were seized, with the total value of $45,000.
In 2018, the Revenue Service’s Customs Department issued 119 orders to suspend products. Of these, in 82 cases the rights holder and the owner of the products agreed to destroy the products, with a total value of $30,500. In 16 cases, the rights holder filed a lawsuit in the court, and in 21 cases the goods were released, because either it was not proven that the goods were counterfeited or the rights holder did not file a lawsuit.
Georgia is not listed in USTR’s Special 301 report. Similarly, Georgia is not listed in the Notorious Markets Report.
For additional information about treaty obligations and points of contact at local IP offices, please see WIPO's country profiles at: http://www.wipo.int/directory/en/.
For a list of lawyers in Georgia, please visit: http://georgia.usembassy.gov/list_of_attorneys.html.
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.