Georgia

The importation of goods into Georgia is regulated by the customs authorities. All imports are subject to mandatory customs control, which includes the verification of documents, the collection of duties and taxes, and the inspection of the imported goods themselves.

Customs control extends to trademarks and industrial designs that have been duly registered in Georgia.

In order to record a trademark or industrial design in the Customs Register of Georgia, it is necessary to file the relevant application with the Customs authority.

The following information and materials are required:

• A PoA executed by the right holder;
• A document confirming the rights to a registered trademark or industrial design in Georgia, i.e., a notarized copy of the Certificate of Registration or the Extract from the Georgian PTO;
• A detailed description of the original goods or industrial design and any information (including photographs of the original goods, their packaging, registered views of the design, and specific technical data) for identification purposes;
• Information about the manufacturer of the goods and the country of origin, as well as a list of importers/exporters of the original goods;
• Any information about counterfeit goods or infringing designs (including the origin or location of such goods, details necessary for identifying the batch of goods, packaging, movement, means of transport used, sender, recipient, or owner of the goods, and information about the distinctive features of the original and counterfeit goods or designs, if any);
• A commitment to compensate for material damage caused to the importer, exporter, owner of the goods, and/or another person due to the delay of the goods (this is automatically completed by filing the application).

The standard timeframe for application consideration is about 10 working days. The term of registration is 2 years with the possibility of extension.

After the detention of goods, the Customs authority will contact the representative of the right holder and provide samples for investigation. The representative may approach the counterparty with a proposal for voluntary destruction of the goods; however, in such cases, the right holder will be obliged to compensate for the expenses of destruction of the suspended goods by the Customs authorities.

The representative may file a lawsuit, and in the case that the court rules that the goods are counterfeit or infringe upon the industrial design, the Customs authorities will proceed with the destruction of the goods at the infringer’s expense. The applicant is obliged by the relevant petition to compensate for the expenses of customs authorities related to the suspension of goods, as well as the possible expenses and damages to the person who transports and transfers the goods if a rights violation is not confirmed by the court.