Significant changes to customs surveillance introduced


The amendments to Georgia’s Law on Border Measures Relating to Intellectual Property entered into force on December 30 2011, introducing significant changes to the customs surveillance procedure.

In accordance with the provisions of the amended law, requests for entering IP objects into the Customs Register must now be filed by the rights holders or their representatives before the Georgian Patent and Trademark Office (SAKPATENTI), and not with the Revenue Service within the Ministry of Finance of Georgia, as was the case before the amendments. This change allows rights holders to file requests for entering IP objects into the Customs Register when filling applications for the same IP objects before the Patent and Trademark Office. Therefore, as soon as protection for an IP object is granted, the latter is automatically entered into the Customs Register when SAKPATENTI sends the notification to the Revenue Service.

Another major change is that the term of consideration of a request has been reduced from one month to five working days: TSAKPATENTI must issue a decision on the registration of an IP object in the Customs Register within five working days after receipt of the rights holder's request.

The list of documents supporting the request has also been simplified. Rights holders are no longer obliged to file IP rights certificates (certified copies or duplicates), since SAKPATENTI confirms the validity of IP rights to the Revenue Service.

Elena Zubenko, PETOŠEVIC, Kiev

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