Recent Evolution of Intellectual Property Enforcement in Georgia

Taliashvili Tamar () and Shamatava Irakli ()
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Taliashvili Tamar: Caucasus School of Law, Caucasus University, Paata Saakadze 1, Tbilisi 0102, Georgia
Shamatava Irakli: Caucasus School of Law, Caucasus University, Paata Saakadze 1, Tbilisi 0102, Georgia

TalTech Journal of European Studies, 2020, vol. 10, issue 2, 42-56

Abstract: The article elaborates on the topic of the new wave of evolution of the protection of intellectual property in Georgia inspired by signing the Eu–Georgia Association Agreement, (AA—the Association Agreement between Georgia and the Eu and the nuclear Energy Association of Europe and its Member States). The harmonization process is an impressive field of law on its own. The article deals only with particular issues, such as the role and critical characteristics of the harmonization of intellectual property protection and enforcement mechanisms in Georgia. In this context, the article examines the legal nature of the amendments to the Civil procedure Code of Georgia (GCpC), in particular, a new chapter of enforcement regulations, that has been introduced to the GCPC—‘Specificities in proceedings of the infringement of exclusive right of intellectual property’. The article is predicated upon the allegation that the new legal introductions are merely of a formal character, while the enforcement mechanisms and remedies, as a significant part of Georgian civil legislation, had already been in place and Georgia had ratified major international intellectual property agreements. The article deals with the legal problem of the application of the intellectual property enforcement amendments by the judiciary and measures the practical impact. The hypothesis of the analysis is to consider whether further developments are necessary to contribute to a consistent approach to the adjudication of intellectual property enforcement disputes in Georgian courts and to promote the efficient implementation of the novel intellectual property enforcement mechanisms into the Georgian legal system. The analysis of the characteristics of the impact of harmonization on intellectual property as of intangible rights proves to have wide-ranging benefits for the holders of intellectual property in Georgia or elsewhere in Europe.

Keywords: Association Agreement; civil action; Civil Procedure Code of Georgia (GCPC); Council of Europe; enforcement; European Union; harmonization; intellectual property law; intellectual property rights; secure the claim; secure the evidence (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:10:y:2020:i:2:p:42-56:n:2

DOI: 10.1515/bjes-2020-0014

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