The National Intellectual Property Center of Georgia – “Sakpatenti” begins one more reform – in the field of patent attorneys. The draft Law “On Patent Attorneys of Georgia”, prepared by Sakpatenti, was one of the items included in the agenda of the Government meeting, headed by Mr. Irakli Garibashvili, Prime Minister of Georgia. The draft was approved by the members of the Government and it will be sent to the Parliament of Georgia by the end of the year.
It is noteworthy that on May 17 of the current year, the Parliament of Georgia ratified the Agreement between the Government of Georgia and the European Patent Organisation on Validation of European Patents on the territory of Georgia (Validation Agreement). Before that, amendment was made to the Patent Law of Georgia, as a result of which, the first stage of fulfillment of the obligation assumed under the Deep and Comprehensive Free Trade Area (DCFTA) Agreement with the European Union (approximation with the EU legislation) was completed.
In addition, within the reform implemented in the field of copyright and related rights in the current year, the Parliament of Georgia adopted amendments to the Law of Georgia “On Copyright and Related Rights”, prepared with the co-authorship of Sakpatenti.
Amendments were also made to the Law of Georgia “On Appellations of Origin of Goods and Geographical Indications”.
In 2023, Sakpatenti also prepared the draft Law of Amendments to the “Trademark Law” of Georgia, which is being considered at the stage of the 3rd reading at the Parliament.
Along with the above-mentioned amendments, in parallel with the implemented and ongoing reforms in the intellectual property field in the recent period, it is important to establish a powerful institution of patent attorneys in the country.
The draft Law “On Patent Attorneys of Georgia” will regulate issues related to acquisition of qualification, registration and activity of a patent attorney, it will also create the legal basis for existence of the Association of Patent Attorneys.
According to the draft Law, a patent attorney is a person with general or trademark specialization, who is registered in the Sakpatenti Register of Patent Attorneys and carries out activities in the intellectual property field in accordance with the legislation of Georgia.
The institution of patent attorneys is a relatively new phenomenon in the legal reality of Georgia, therefore, Georgian practice in this direction fails to comply with the modern standards of the member countries of the European Union and differs from the international best practices. The current legislation does not include norms regulating such issues as acquisition of the status of a patent attorney, registration, obligation to ensure continuous development, relationship with the principal and other issues related to their activity. Respectively, on the basis of the reform of the institution of patent attorneys, a new standard of qualification exam of patent attorneys is being introduced – the insurance of professional responsibility of patent attorneys will become compulsory. As a result, a totally new, modern institution will be established in the country, which will be oriented on professional development, introduction of novelties and better protection of intellectual property rights.