A geographical indication is a name of a geographical place, or, in exceptional cases, any other sign which indicates a certain geographical area and is used to designate the goods, the specific properties, quality or reputation of which are due to this geographical place, which in its turn is determined by the natural environment and human factor existing there. Along with this, at least one stage of the production of goods shall take place within the boundaries of this geographical area.

Geographical indications may be used for any types of goods, though nowadays they are most widely used in the production of agricultural products.

An appellation of origin is the name of a geographical place, district or region, which is used to designate such goods, the specific quality or characteristics of which are due, entirely or essentially, solely to the natural environment and human factor of this geographical place. Along with this, all stages of production of goods shall take place within the boundaries of this geographical area.

A trademark is a sign used by a natural person or a legal entity in order to identify his/her/its goods and/or service, which distinguished his/her/its goods and/or service from the goods and/or service of others. A geographical indication informs the consumer that the goods are produced/processed at a certain place and has specific quality or other characteristics that are due to the place of production. In addition, A trademark owner has the exclusive right to prohibit the unlawful use of his/her/its trademark, whereas a geographical indication is collective property and belongs to the group of producers of relevant goods, it may be used by any entrepreneur, who produces the goods at the place designated by the geographical indication and the characteristics of which satisfy the established requirements.

As an appellation of origin or a geographical indication shall not be registered a name which:

• is contrary to the definition of a geographical indication or an appellation of origin;
• is considered to be a generic concept;
• is contrary to public order or recognized principles of morality;
• conflicts with the designation of a plant variety (including a wine grape variety) or an animal breed, which may create a false impression on the consumer about the origin of the goods.

A generic concept is the name of goods which, regardless of its connection with the place, region or country where these goods were originally produced or sold, has become the common name for those goods in Georgia.
The goods marked with a geographical indication, unlike other goods of the same category, have distinctive properties and characteristics. Accordingly, a consumer often uses it as the name for the type of these goods. As a result of such improper use over a long period of time, in the public consciousness the geographical indication is formed not as an indication of the place of origin of these goods, but as a generic concept for goods having certain properties and it no longer fulfils the function of a geographical indication (thus, “Dijon mustard” in the course of time has become a designation of a specific type of mustard without any connection with the place of origin).

Any direct or indirect commercial use of an appellation of origin or a geographical indication in the following cases shall be prohibited:

• when the goods protected by an appellation of origin or geographical indication and the goods not subject to registration are of the same type;
• in the case of taking advantage of the reputation of a registered or protected appellation of origin or geographical indication, even if the relevant goods are used as an ingredient;
• in case of any misuse, imitation or mimicking of an appellation of origin or geographical indication, even if the place of origin of the relevant goods is indicated or the protected appellation of origin is presented in translation, transliteration, transcription or together with the following words: “style”, “type”, “method”, “produced as”, “imitation”, “aroma” and others, as well as if the said goods are used as an ingredient;
• when any other false or such indication that creates a false impression on the consumer about the origin, place of origin, name or special quality of the goods is given on the inner or outer packaging, advertising material or documentation related to the goods included in civil circulation/placed on the market, as well as in the case of packaging (placing the goods in containers) that may create a false impression on the consumer about the origin of the goods;
• in the event of any other action that may create a false impression on the consumer about the origin of the goods.

An application for registration of an appellation of origin or a geographical indication shall be filed with Sakpatenti directly by the applicant or by his/her representative in the Georgian language. The application shall include the following:

• a request for registration of the appellation of origin or geographical indication;
• the name and surname/titles, identification numbers and legal addresses of the applicant and the competent authority or control body (if any);
• the appellation of origin or geographical indication for which registration is requested. If the appellation of origin or geographical indication is not in Georgian, its transliterated form into Georgian shall be submitted;
• the category of goods for which registration of the appellation of origin or geographical indication is requested;
• a document issued by the applicant confirming representation, if the application is submitted by a representative;
• the signature of the authorized person;
• the specification of the goods;
• a document confirming that the special quality, reputation or properties of the goods are due to the natural factors and/or human factors of the relevant geographical area;
• a control plan that controls the conditions of production of the goods provided for in the specification of the goods;
• a document confirming the protection of the appellation of origin or geographical indication of a foreign country in the country of origin of the goods, if the applicant is a foreigner;
• a document confirming payment of the registration fee for the appellation of origin or geographical indication;
• The application shall be accompanied by a document containing:
- the main data of the specification of the goods: the name and description of the goods, and if necessary − also the rules for packaging and labeling of the goods specified in the legislation of Georgia and an accurate description of the relevant geographical area;
- the quality or characteristics of the goods and the description of the relationship between the geographical environment and the human factor in accordance with Article 3(1) or 3(2) of Law of Georgia On Appellation of Origin and Geographical Indication of Goods, and if necessary − also specific elements of the description of the goods or the method of their production confirming the said relationship. An application can be filed with Sakpatenti directly as well as electronically (http://www.sakpatenti.gov.ge/.)

• Sakpatenti shall, within 2 months from the date of submission of the application, verify the conformity of the application with the requirements of the Law;
• If an application meets the requirements of the Law, Sakpatenti shall, within a period of 3 months, verify the existence of grounds for refusal to register the appellation of origin or geographical indication;
• If Sakpatenti considers that there are no grounds for refusal of registration of an appellation of origin or a geographical indication, it shall make a decision on continuation of the examination of the application or in contrary make a decision on refusing the registration of an appellation of origin or a geographical indication;
• after making the decision on continuation of the examination of the application, the proceedings on the application shall continue in accordance with the rule established by the Statute on the National Commission for Consideration of an Appellation of Origin and a Geographical Indication;
• The Commission shall make a decision by a majority of votes on the registration of an appellation of origin or geographical indication, refusal to register, cancellation of registration or refusal of a request for cancellation of registration. The decision made by the Commission may be appealed in court within 1 month;
• Sakpatenti shall publish the decision on the registration of an appellation of origin and a geographical indication of goods or amendments to the specifications in the Official Bulletin of Industrial Property, on the official website of Sakpatenti and 1 local newspaper (if any).

• A registered appellation of origin or geographical indication shall be protected from the date of submission of an application for registration of the appellation of origin or geographical indication.
• The term of validity of appellation of origin or geographical indication protected under an international treaty of Georgia shall be determined by the relevant treaty, whereas the term of validity of an appellation of origin or a geographical indication protected in Georgia on the basis of a bilateral agreement, shall be terminated in case of cancellation of the registration appellation of origin or geographical indication in the country of origin of the goods;
• A recognized Georgian geographical indication shall be protected from the date of its publication. If a recognized Georgian geographical indication, which was registered by Sakpatenti as an appellation of origin or a geographical indication, has been transferred to the Register, its protection date shall be counted from the date of filing an application for registration of the recognized Georgian geographical indication;
• A registered appellation of origin or a geographical indication or a recognized Georgian geographical indication shall be protected for indefinite period.

A geographical indication of an appellation of origin of a foreign country is protected in Georgia by the following legal ways:

• direct registration;
• bilateral agreement;
• the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Lisbon Agreement);
• the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.

Information regarding foreign geographical indications and appellations of origin protected in Georgia is available at - http://www.sakpatenti.gov.ge/ka/page/112/.
Information regarding appellations of origin of goods protected in Georgia through the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is available at: http://www.wipo.int/ipdl/en/search/lisbon/search-struct.jsp.

Registration of a Georgian appellation of origin of goods or a geographical indication abroad shall be preceded by its registration or recognition in Georgia. It is also possible:

• to file an application for registration of an appellation of origin of goods or a geographical indication directly in the relevant office of the respective country;
• to file an application to the International Bureau under the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and to request protection of a Georgian appellation of origin in the member countries of the Agreement;
• to file an application to the International Bureau under the Geneva Act of the Lisbon Agreement and to request protection of a Georgian geographical indications and appellations of origin of goods in the member countries of the Act.
• to protect it on the basis of a bilateral treaty concluded with the country where protection is claimed.

Information regarding Georgian appellations of origin of goods and geographical indications protected abroad is available at: http://www.sakpatenti.gov.ge/ka/page/113/.

Protection of geographical indications on the international level are provided for by 4 multilateral agreements administered by the World Intellectual Property Organization (WIPO). These are: the Paris Convention for the Protection of Industrial Property (Paris Convention), the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (Madrid Agreement), the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Lisbon Agreement) and the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act). Along with this the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Trade Organization (WTO), covers international protection of geographical indications. Georgia is a party to all the above-mentioned treaties, except the Madrid Agreement. In addition, in some countries, the legislation of which does not regard geographical indications as subject-matter of legal protection (e.g. USA), their protection is possible as certification marks. For instance, Georgian appellations of origin “Kindzmarauli” and “Khvanchkara” are protected in the USA as certification marks.

The relations linked with registration, protection and use of appellations of origin of goods and geographical indications in Georgia are regulated on the basis of the following normative acts:

• The Law of Georgia “On Appellations of Origin of Goods and Geographical Indications”;
• The Law of Georgia “On Vine and Wine”;
• The Law of Georgia “On Border Measures related to Intellectual Property”;
• Order № 2-41 of the Minister of Agriculture of Georgia of February 6, 2014 “On Approval of the Rule for Examining, Identifying and Issuing a Relevant Conclusion on the Data Required by the Legislation for Registration of an Appellation of Origin and/or a Geographical Indication of Food (except for Wine, Wine Brandy, Natural Mineral and Source Water) and for Registration of a Person Entitled to Use a Registered Appellation of Origin and/or a Geographical Indication of Food (except for Wine, Wine Brandy, Natural Mineral and Source Water)”.

* This information is general. For detailed consultation, please call Sakpatenti hotline (tel.: +99532 2252533) or contact a patent attorney of Georgia (see the list at: http://www.sakpatenti.gov.ge/patent_attorneys/.