A design is the appearance of the product. A product is any industrial or handmade item, e.g. furniture, clothes, land, air and sea transport, foodstuffs, medical instruments, consumer goods, trade and advertising equipment, packaging, etc.
As a design can also be protected products, which do not have the form of a material object, including graphical symbol, typographic typefaces and computer interface.
In addition, the whole product as well as its part can be protected:
It is also possible to protect a set of products as a single design:
Computer programs, landscape design, living organisms, natural fruit and vegetables are not eligible for protection, as a design.
Novelty - A design is eligible for protection if it is new. In other words, a design is novel if no identical design has become available to the public before filing the application with Sakpatenti. Designs are deemed to be identical even if their features differ in insignificant details.
Individual character - this requirement is complied with if the overall impression the design produces on the informed user differs from the overall impression produced on the same user by another designs which have been made available to the public earlier. As an informed used is deemed a person interested in the given product and hence having special knowledge in this field, e.g. a beer lover with respect to beer bottles. In the course of assessing individual character, the degree of freedom of the designer during creation of the design is considered.
A design protects only the product appearance. It does not protect its technical aspects. The design does not protect a word or sequence of words given on the product.
The law does not protect a design which is contrary to the public order and norms of morality, e.g., a design shall not contain communist or fascist symbols:
It is possible by its registration. The procedure of registration begins with filing an application with Sakpatenti. An application can be filed both electronically (on the link: www.online.sakpatenti.org.ge), and by its filing directly with Sakpatenti.
An application shall contain:
-a request on the registration of the design;
-a viewof the design;
The application shall be accompanied by:
-a power of attorney - if the application is filed by a representative;
-a document verifying the succession - if the application is filed by the designer’s successor in title;
-a copy of the first application - if the convention priority is requested;
-a certificate issued by the administration or organization committee of an official exhibition, with the indication of the date of the display of the design filed for registration at the exhibition – if the exhibition priority is requested.
An application may include up to 100 designs belonging to one class of the Locarno Classification. These designs are considered independently of one another.
1. Confirmation of the filing date - within two weeks from filing the application;
2. Examination as to form - within one month after the confirmation of the filing date, correctness of drawing up the application materials is checked;
3. Substantive Examination - within three months after the completion of the examination as to form, it serves to ascertain whether there are grounds for refusal of registration;
4. First Publication - application materials shall be published in the Official Bulletin of Industrial Property within one month from the completion of substantive examination.
5. Registration and issuing a certificate - after three months from the first publication.
At the time of filing the application or within one month from the filing, the applicant may request:
application processing through the accelerated procedure, including substantive examination is carried out in ten working days. Registering of a design, publishing and issuing of a certificate is provided within one month after the completion of the substantive examination.
* Accelerated registration procedure is related to a certain risk. If after the registration of a design through the accelerated procedure an application having earlier priority is filed with Sakpatenti and if there exists the ground for refusal of the design registration stipulated by the Law of Georgia on Design, Article 10(b) or (c) in relation to the design registered through the accelerated procedure, Sakpatenti shall take a decision on the cancellation of the accelerated registration of the design and shall publish it in the Bulletin.
A design is registered for a period of 5 years from filing the application, and its validity may be extended by the consecutive period of 5 years, until expiration of 25 years, after payment of the fee prescribed for extension of the term of validity.
The scope of protection of a design is determined by its appearance and it includes any design which does not produce on an informed user a different overall impression.
Design registration assigns the design holder the exclusive right to permit or prohibit the use of a product incorporating the design, which covers its making, selling, importing, exporting or putting on the market and storage of such a product for these purposes.
The design holder has the right to sell or otherwise alienate the design, or issue a private license under the established rule.
Infringement of the rights on a design shall cause civil, administrative and criminal responsibilities.
It is possible:
• to file an application directly with the relevant office of the country where the applicant wishes to acquire exclusive rights;
• on the basis of an international application, requesting to extend the validity of the design in the contracting parties of the Hague Agreement. The Hague System at present includes 69 contracting parties, including the European Union, USA, Japan, Russian Federation, etc.
* The above-given information is general. For detailed consultation please contact patent attorneys of Georgia (http://www.sakpatenti.gov.ge/en/patent_attorneys/) or call to Sakpatenti hot line - 2 25 25 33