project results

legal issues...

Tbilisi, 27 November 2007

• 2 cases were filed in Israel against two companies that had registered “Kindzmarauli” and “Kvanchkara” as TMs. FAO legal opinion.

• 1 case was filed in Bulgaria Patent Office.

• Potential cases in Armenia for illegal use of “Saperavi.” Informal legal advice given.

support to legal cases…

Tbilisi, 27 November 2007

• As recommended in the Action Plan• Pursue to conclusion the cases

already filed and• Initiate others in strategic countries

to send the message

next steps regarding legal cases…

Tbilisi, 27 November 2007

• Georgia-Ukraine Bilateral Agreement:– Covers GIs on wine, water and other alcoholic– Modest, mutual recognition no enforcement – Does not address TMs containing GIs

• Other bilateral agreements planned: – Georgia-EU– Georgia-CIS

what about bilateral agreements?

Tbilisi, 27 November 2007

• As recommended in the Action Plan pursue agreements with others.

• Comments submitted by FAO on the Georgia-Ukraine Agreement could be useful for future agreements.

• Negotiations with EU will be challenging.

the next steps...

Tbilisi, 27 November 2007

• Major problem: limited awareness of the legal framework and lack of implementation.

• Objective: A compilation in one volume of the existing legal framework. Complementary to the “Question-Answer” Manual.

• To be available in print and electronic forms.

practitioners’ guide to the legal framework in

Georgia

Tbilisi, 27 November 2007

• Finalization and Distribution • To be finalized with comments from

Government counterparts.• Print and electronic copies will be

available.

the next steps…

Tbilisi, 27 November 2007

• Georgia is member of– Lisbon Agreement – Paris Agreement

• Not a member of Madrid Agreement • Objective of the agreement is “the

repression of false or deceptive indications of source” (Art.1) and is against use of appellations as generic names (Art.4).

the Madrid agreement…

Tbilisi, 27 November 2007

• FAO prepared a note on this issue: – It will cost nothing to join the agreement; – provides strong remedies for infringement

(seizure and prohibition of importation); – complementary to other agreements– no major legislative implications

why Madrid Agreement...

Tbilisi, 27 November 2007

• Ref: Note on Costs, Benefits, Process and Legislative Implications

• The Note was sent on 20 March 2007. • The next step is establishment of an

inter-ministerial roundtable to take the process forward.

next steps…

Tbilisi, 27 November 2007

• the dialogue has been maintained and informed by recommendations – advice has been

given on cases– recommendations

on institutional issues

in conclusion?

Tbilisi, 27 November 2007

• but a lot remains to be done – strengthen

awareness of the legal framework

– strengthen implementation and enforcement