Supreme Court of Georgia

The Supreme Court of Georgia’s Scientific-Consultative board Session

Published: 11/24/2015

On November 24, 2015 in the Supreme Court Scientific–consultative board meeting was held in the Civil Law direction. The meeting was attended by the judges of Tbilisi City Court, Mtskheta District Court, Chamber of Civil Cases of the Supreme Court, lawyers and other specialists in the field. The meeting was chaired by deputy chair of the Supreme Court and the chairperson of the Chamber of Civil Cases, Mzia Todua.

The subject of discussion was presented in the form of casus that was related to the proceeding of intellectual property relations. Participants of the session discussed, under the current national legislation, which territorial jurisdiction has to include the dispute, if it is connected to use of the registered trademark in Georgia, made by a foreign resident legal entity. The opinion was expressed that coming out form the specific of the issue the legislative amendments are necessary, which will envisage the formation of specialized courts in this regard, as in many western states, or establishment of specialized collegiums in already existing common courts chambers of civil cases. In the format of active discussions general problems were presented that exist in the present. This refers to the lack of legal regulations, judicial practice, especially, the lack of a practice at the high instances, which finally significantly will fill the gaps caused by the weak legislation. In this connection, it has been repeatedly stated, that in the direction of Intellectual Law it is required to train the judges and lawyers for gaining of qualification, deepening the discussions through various workshops and trainings, which is desirable to be organized by the national intellectual property center (sakpatent). As regards the issue raised in casus, the participants of the session unanimously agreed, that under the existing legislation, the legal proceedings have to take palace by any court of Georgian territory, and the plaintiff has to decide which court to file the appeal.

At the end of the meeting, the participants emphasized, that it was the first occasion when the Supreme Court of Georgia interested in the intellectual property issues, which is a very positive precedent and this will contribute in the future to launch more active discussions and meetings of similar type in this direction.

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