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project results legal issues...

project results legal issues... . Tbilisi, 27 November 2007. support to legal cases…. 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.

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project results legal issues...

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  1. project results legal issues... Tbilisi, 27 November 2007

  2. support to legal cases… • 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. Tbilisi, 27 November 2007

  3. next steps regarding legal cases… • As recommended in the Action Plan • Pursue to conclusion the cases already filed and • Initiate others in strategic countries to send the message Tbilisi, 27 November 2007

  4. what about bilateral agreements? • 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 Tbilisi, 27 November 2007

  5. the next steps... • 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. Tbilisi, 27 November 2007

  6. practitioners’ guide to the legal framework in Georgia • 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. Tbilisi, 27 November 2007

  7. the next steps… • Finalization and Distribution • To be finalized with comments from Government counterparts. • Print and electronic copies will be available. Tbilisi, 27 November 2007

  8. the Madrid agreement… • 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). Tbilisi, 27 November 2007

  9. why Madrid Agreement... • 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 Tbilisi, 27 November 2007

  10. next steps… • 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. Tbilisi, 27 November 2007

  11. in conclusion? • the dialogue has been maintained and informed by recommendations • advice has been given on cases • recommendations on institutional issues • but a lot remains to be done • strengthen awareness of the legal framework • strengthen implementation and enforcement Tbilisi, 27 November 2007

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