In any foreign market, companies should consider several general principles for effective protection of their intellectual property. For background, we refer you to Protecting Intellectual Property and Stopfakes.gov.

Although Georgia has signed all relevant treaties and enacted legislation in compliance with its international obligations, as a practical matter, protection and enforcement of intellectual property rights remains problematic. However, the government has taken several steps to introduce better practices. In addition, the EU-Georgia Association Agreement signed in 2014 mandates improved performance in this regard. Companies that intend to invest or trade in Georgia might be affected by intellectual property rights issues and are invited to discuss the matter with the Political and Economic Section of the U.S. Embassy in Tbilisi.

Intellectual property is primarily a private right, and the U.S. government cannot enforce rights for private individuals in Georgia. It is the responsibility of the rights’ holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Georgia law. A list of attorneys is available from the U.S. Embassy in Tbilisi.

It is important that the rights’ holders take steps necessary to secure and enforce their IP in a timely fashion. It is advisable to conduct due diligence on potential partners. A good partner is an important ally in protecting IP rights. Consider carefully, however, whether to permit your partner to register your IP rights on your behalf. Doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Keep an eye on your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Georgia require constant attention. Work with legal counsel familiar with Georgia’s laws to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions.

It is also recommended that small and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Georgia or U.S.-based.

The U.S. Department of Commerce has positioned IP attachés in key markets around the world. IP attaché based in Kyiv, Ukraine, covers Georgia. Please contact Zoya Vasylieva, IP assistant zoya.vasylieva@trade.gov if you need assistance on IP matters in Georgia.

·For more information, contact ITA’s Office of Standards and Intellectual Property Rights (OSIP) Director, Stevan Mitchell at Stevan.Mitchell@trade.gov.

To access the Georgia Investment Climate Statement, which includes information on the protection and enforcement of intellectual property rights, visit the U.S. Department of State Investment Climate Statement website.