Designs

– Law of Georgia on Designs of May 2010, in force since June 24, 2010.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 18, 1994.
– WTO’s TRIPS Agreement, since June 14, 2000.
– Hague Agreement Concerning the International Registration of Industrial Designs, since August 1, 2003, and Geneva Act since December 23, 2003.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 14, 2007.

Filing

Applicant: natural persons or legal entities.

Foreigners: enjoy the same rights as nationals. Appointing a local representative is no longer requested.

Definition of a design: a design is the appearance of the whole product or its part resulting from the features of, in particular, lines, contours, colors, shape, texture and/or material of the product, and/or its decoration.

Registability: legal protection shall be granted to a design if it is new (local novelty) and has individual character.

Not registrable: according to the new law, protection does not extend to those elements of the design which are solely dictated by their technical function. The application may contain one or more designs (up to 100)  if they belong to the same class of the International Classification for designs (multiple applications). 

Novelty: the Patent Office only checks local novelty during examination.

Priority: according to the Paris Convention, six months from filing the first application in a Paris Convention or WTO member State. In case application contains several designs multiple priorities can be claimed.

Territory covered: Georgia.

Filing requirements for an application (recommended to be sent to resident agent):
1. Power of attorney (not legalized or notarized) when the application is filed via an agent;
2. The design itself or, when not appropriate, photographs or drawings thereof (3 copies). There is no minimum or maximum number to be filed; broken lines are allowed on figures, along with surface shadings;
3. Specification of the design, if necessary (not compulsory);
4. Priority document, if any. Georgia joined the WIPO Digital Access Service (DAS), therefore a copy of the priority document(s) is available for Examiners by the DAS;
5. Assignment document, if any.

Electronic filing: only available in Georgian language.

Electronic signatures: are accepted if the link for its verification is filed. Scanned copies of signed documents are also accepted, however, the original must be sent at a later date.

For a change of name or address: an official document confirming the changes showing the old and new name/address, original or notary confirmed copy (no legalization). Scanned copies of documents are temporarily accepted due to the COVID-19 pandemic.

Examination Procedure

Examination: includes confirmation of the application filing date within two weeks, conduct of the formal requirements within one month and substantive examination within three months.

Substantive examination checks for the local novelty and individual character.

Accelerated examination: can be requested as from the application filing date or within a one-month period. The registration is granted within ten business days.

Publication: after the issuance of decision, if the prescribed fee is paid, the information will be published in the Official Bulletin.

Appeal and opposition: the applicant has the right to file an appeal in the Chamber of Appeal of the Georgian Patent Office against expert’s decision and any third party can oppose against the decision on design registration within three months from the publication date.

Granting and Protection

Granting: the design is registered and the certificate is issued by the Georgian Patent Office in paper format.

Protection: design protection is provided by figures only. The title of the design and/or Locarno IC do not influence the scope of protection.

Duration – renewal: the applicant is authorized to register a design for one or more periods of five years, but for not more than twenty-five years from the filing date.

Annuities: the fee shall be paid every five years. Payment for the first five years should be made together with payment of the registration fee.

Cancellation: the cancellation procedure for designs is the same as for “patents“.

License rights: design holder has the right to issue private license on use of design.