LAW OF GEORGIA ON PATENT ATTORNEYS OF GEORGIA

ON PATENT ATTORNEYS OF GEORGIA

 

Chapter I - General Provisions

 

Article 1 – Scope and application of the Law

This Law regulates qualification requirements for patent attorneys of Georgia and legal relations with regard to the registration of persons and granting the status of patent attorney of Georgia to them, and determines the main principles of activities of patent attorneys of Georgia, their powers and obligations, and the principles and main objectives of the establishment and functioning of the Association of Patent Attorneys of Georgia.

 

Article 2 – Definition of terms

For the purposes of this Law, the terms used herein shall have the following meanings:

a) a patent attorney of Georgia (‘a patent attorney’) − a person with general specialisation and/or a person specialised in trademarks;

b) a general patent attorney – a citizen of Georgia registered with the register of patent attorneys, who carries out activities in the field of intellectual property, in accordance with the legislation of Georgia;

c) a trademark attorney – a citizen of Georgia registered with the register of patent attorneys, who carries out activities related to trademarks, designations of origin, geographical indications, and design in the field of intellectual property, in accordance with the legislation of Georgia;

d) the register of patent attorneys (‘the register’) – the register kept by the Legal Entity under Public Law (LEPL) called the National Intellectual Property Center of Georgia Sakpatenti (‘Sakpatenti’) in accordance with this Law and the order of the chairperson of Sakpatenti, the registration with which involves awarding the qualification of a patent attorney specialised in the fields provided for in subparagraph (b) and/or (c) of this article, and also serves as the grounds for determining the powers and obligations of patent attorneys;

e) the examination commission – a commission established by an order of the chairperson of Sakpatenti, the rules of operation of which are determined by the same order and which organises qualification examinations for patent attorneys, is responsible for evaluating the results of the said examination, and exercises other powers as provided for by this Law and the orders of the chairperson of Sakpatenti;

f) a qualification examination for patent attorneys (‘a qualification examination’) – an examination organised according to the procedure established by this Law and the orders of the chairperson of Sakpatenti;

g) a mandator − a person authorising a patent attorney to perform legal actions on his/her behalf and in his/her interests, within the powers determined by this Law.

 

Article 3 – Professional secrecy (confidential information)

1. A patent attorney shall:

a) ensure the confidentiality of any information that became available to him/her when carrying out his/her professional activities, for an indefinite period of time, despite changing his/her job;

b) refuse to disclose any information that became available to him/her when carrying out his/her professional activities or was disclosed to him/her, and/or any information related to his/her work (confidential information) without a mandator’s consent.

2. Patent attorneys may disclose confidential information known to them without a mandator’s consent only if it is necessary to avoid meeting the requirements imposed on them, defending themselves against accusations, or in the course of a judicial dispute concerning an outstanding remuneration/honorarium, or if the said confidential information contains elements of crime.

 

Article 4 – Conflict of interests

1. A patent attorney may not be a person who had been working at Sakpatenti for 24 months before starting exercising the powers of a patent attorney. This prohibition does not apply to a person who had been doing an internship at Sakpatenti for the previous 24 months before starting exercising the powers of a patent attorney.

2. A patent attorney shall not carry out any action which endangers a mandator’s interests.

3. In the course of carrying out his/her professional activities, a patent attorney shall refuse to fulfil a task assigned by a mandator if he/she has rendered services related to that specific case to a second party.

4. A patent attorney may not be at the same time an official determined by Article 2 of the Law of Georgia on the Fight against Corruption.

 

Article 5 – Compulsory professional liability insurance

1. A patent attorney is obliged to have compulsory professional liability insurance for the entire period of performance of his/her professional activities, in order to compensate for any material damage which may be caused by the patent attorney as a result of the undue performance or non-performance of his/her duties assigned by a mandator.

2. Within two months after registering with the register, a patent attorney shall submit compulsory professional liability insurance documents (an insurance agreement and insurance policy) to the Association of Patent Attorneys of Georgia (‘the Association’).

3. In the case of the expiration, termination or annulment of the compulsory professional liability insurance documents (an insurance agreement and insurance policy), a patent attorney shall submit to the Association new compulsory professional liability insurance documents within not later than 5 days.

4. If a patent attorney fails to fulfil the obligations referred to in paragraph 1, 2 and/or 3 of this article, the Association shall terminate his/her membership and notify Sakpatenti of its decision within 5 days after making the decision.

5. The procedure, conditions and minimum amount of insurance of the compulsory professional liability of a patent attorney shall be determined by an order of the chairperson of Sakpatenti.

6. Before fulfilling the obligations provided for in paragraph 2 of this article, in the event of causing material damage resulting from undue performance/non-performance of his/her duties assigned by a mandator, a patent attorney shall be personally liable with all his/her property.

 

Chapter II - Patent Attorney

 

 Article 6 – Patent attorney

1. A patent attorney is a person with general specialisation and/or a person specialised in trademarks.

2. A person may become a general patent attorney if he/she:

a) is a citizen of Georgia;

b) has a higher education in natural sciences or engineering, and his/her field of specialisation is mathematics, construction, statistics, or production;

c) has passed a qualification examination in accordance with the procedure determined by this Law;

d) has a minimum of 1 year of work experience in the field of patents or has undergone a special training course.

3. A person may become a trademark attorney, if he/she:

a) is a citizen of Georgia;

b) has a higher education;

c) has passed a qualification examination in accordance with the procedure determined by this Law;

d) has a minimum of 1 year of work experience in the field of intellectual property (including intellectual law), or has undergone a special training course.

4. A patent attorney may not be a person convicted for a serious or particularly serious crime, unless his/her conviction has been removed or expunged.

5. The criteria of work experience in the field of patents provided for in paragraph 2(d) of this article, and in the field of intellectual property provided for in paragraph 3(d) of the same article, shall be determined by an order of the chairperson of Sakpatenti.

6. A special training course as provided for in paragraph 2(d) and paragraph 3(d) of this article shall be a course, the minimum standards for the curriculum of which are determined by an order of the chairperson of Sakpatenti.

 

Article 7 – Powers of a patent attorney

1. A general patent attorney shall be authorised to represent natural and/or legal persons at Sakpatenti, the Sakpatenti Chamber of Appeals, in relations with other state authorities and third parties, and render other services to them in the field of intellectual property.

2. A trademark attorney shall be authorised to represent natural and/or legal persons at Sakpatenti, the Sakpatenti Chamber of Appeals, in relations with other state authorities and third parties, and render other services to them relating to trademarks, designations of origin, geographical indications and design.

3. The services provided for in paragraphs 1 and 2 of this article shall include the following: providing consultations relating to the objects of intellectual property and conducting search operations, representing a mandator at Sakpatenti, the Sakpatenti Chamber of Appeals, and in relations with other state authorities and third parties, drawing up applications for the registration of objects of intellectual property, PCT international applications, and applications for international registration, preparing documents for obtaining duplicates for registered objects of intellectual property, carrying out necessary activities for obtaining protective documents and maintaining the validity of objects of intellectual property, drawing up and submitting documents for delegating corresponding rights, preparing the necessary documents for registering licence agreements, drawing up applications for abolishing the registration of registered objects of intellectual property, carrying out other activities required for protecting and exercising rights, and exercising other powers, in the area of intellectual property as provided for by the legislation of Georgia.

4. A patent attorney shall carry out his/her professional activities on the basis of an agreement concluded with a mandator and/or a document certifying the right of representation issued according to the procedure established by law.

5. In the course of representation at Sakpatenti, a patent attorney shall present a document certifying the right of representation issued by an applicant or a holder of rights in an object of intellectual property.

 

Article 8 – Obligations of a patent attorney

A patent attorney shall:

a) perform his/her professional activities in good faith;

b) immediately notify the party concerned of any conflict of interests;

c) ensure professional secrecy (the confidentiality of information);

d) submit a continuing vocational education document(s) to the Association biennially, not later than 31 January of the third calendar year.

 

Chapter III - Qualification Examination

 

Article 9 – Basic principles of a qualification examination

1. The purpose of a qualification examination is to verify that a person has both the theoretical knowledge and practical skills to carry out representation in the field of intellectual property.

2. A qualification examination is held at least once every 2 years in the official language of Georgia.

3. A qualification examination is held in the field of general and/or trademark specialisation.

4. A decision to conduct a qualification examination is made by the chairperson of Sakpatenti.

5. Sakpatenti shall publicly announce on its official website the date and programme of a qualification examination, as well as the period of registration for participation in it, within not later than 2 months before the qualification examination.

6. A person seeking to obtain the qualification of a general patent attorney shall be allowed to sit a qualification examination if he/she meets the requirements provided for in Article 6(2)(a), (b) and (d) of this Law and has paid the qualification examination fee.

7. A person seeking to obtain the qualification of a trademark attorney shall be allowed to sit a qualification examination, if he/she meets the requirements provided for in Article 6(3)(a), (b) and (d) of this Law and has paid the qualification examination fee.

8. The qualification examination fee amounts to GEL 250, which shall be paid in the course of registration for the examination, by transferring the amount to an account determined by Sakpatenti. A document certifying the payment of the examination fee shall be attached to the registration application.

9. If a person passes a qualification examination, he/she shall be awarded a certificate, a document certifying the passing of the qualification examination, the form and awarding procedure of which are determined by an order of the chairperson of Sakpatenti.

10. Unless a person is registered with the register within 5 years after passing the qualification examination, the certificate, a document certifying the passing of the qualification examination, shall become invalid. After the expiry of the said time frame, a person must pass the qualification examination again in order to exercise the powers of a patent attorney.

11. Complaints regarding the qualification examination results shall be reviewed by the commission established by an order of the chairperson of Sakpatenti in accordance with the procedure determined by the same order.

 

Article 10 – Qualification examinations

1. Qualification examinations are conducted in a written form.

2. The form and procedure for conducting a qualification examination, as well as the examination questions, shall be determined by an order of the chairperson of Sakpatenti.

3. Candidates taking the qualification examination shall be notified of their results individually, whereas statistical data relating to the examination shall be published on the official website of Sakpatenti.

 

Article 11 – Examination commission

1. An examination commission is established and its composition and rules of operation are approved by an order of the chairperson of Sakpatenti. The same order determines the composition of the examination commission secretariat and its powers.

2. The chairperson of the examination commission is the chairperson of Sakpatenti.

3. The examination commission shall be composed of:

a) the employees of Sakpatenti;

b) an expert(s) invited by Sakpatenti, if necessary;

c) a representative of the Association (a patent attorney).

4. The commission shall be authorised to:

a) organise a qualification examination;

b) develop the qualification examination evaluation system, evaluate the examination results, and review them, if necessary;

c) nominate to the chairperson of the examination commission for approval the candidates for membership of a commission for reviewing complaints regarding the qualification examination results;

d) exercise other powers determined by an order of the chairperson of Sakpatenti.

5. The commission shall make a decision by a majority of votes of members attending the meeting. In the case of equal votes, the vote of the chairperson of the examination commission shall be decisive.

 

Chapter IV - Register and Continuing Vocational Education

 

Article 12 – Register

1. Sakpatenti shall keep the register under the procedure determined by this Law and an order of the chairperson of Sakpatenti.

2. A person shall be granted the status of a patent attorney upon his/her registration with the register.

3. A person shall be awarded the Patent Attorney Certificate (‘the Certificate’), the form of which is approved by an order of the chairperson of Sakpatenti, within 15 working days after the registration with the register. The certificate fee is GEL 100, which shall be transferred to the account determined by Sakpatenti.

4. Sakpatenti shall consider the issue of registration with the register within 1 month after the submission of the corresponding application and the attached documents.

5. In order to be registered with the register, a person must submit to Sakpatenti an application in accordance with Article 78 of the General Administrative Code of Georgia and attach to it the following documents:

a) a copy of an identity document and a photograph (size − 3X4);

b) data on a workplace address, contact telephone number and e-mail address; if a person works at a patent attorney bureau/other legal entity under public law, data on the name, identification number, legal address, contact telephone number and e-mail address of the workplace;

c) a criminal record certificate;

d) a document certifying the payment of the certificate fee.

6. Within 10 working days after receiving the application, Sakpatenti shall check the compliance of the said application with the requirement provided for in paragraph 5 of this article. In the case of detection of non-compliance, Sakpatenti shall identify the shortcoming and determine 10 working days as the time frame for the applicant to remedy it.

7. Until the submission to Sakpatenti of the documents required under paragraph 6 of this Article, the period of time for the consideration of the application shall be suspended. This period of time shall be renewed upon the submission of the documents to Sakpatenti.

8. If an applicant fails to remedy the shortcoming within the period provided for in paragraph 6 of this article, Sakpatenti is authorised to decide against considering the application.

9. If Sakpatenti decides to register a person with the register, it shall register the person and award him/her a certificate.

10. The following data on a patent attorney shall be entered in the register:

a) the first and last names and a photograph (size − 3X4);

b) data on a workplace address, contact telephone number and e-mail address; if a person works at a patent attorney bureau/other legal entity under public law, data on the name, identification number, legal address, contact telephone number and e-mail address of the workplace;

c) the date of the registration with the register and the number of the Certificate (which is entered in the register within 5 working days after the issuance of the Certificate by Sakpatenti);

d) the specialisation.

11. The data entered in the register shall be published on the official website of Sakpatenti. The register shall be renewed if these data are changed.

12. If the data provided for in paragraph 10 of this article are changed, a patent attorney shall notify Sakpatenti thereof within 10 working days after the change is made, on the basis of which Sakpatenti shall make the corresponding changes in the register.

13. Sakpatenti is authorised to verify the authenticity of the documents referred to in paragraph 5 of this article.

14. Sakpatenti shall decide against registering a person with the register if:

a) 5 years have elapsed after the person passed the qualification examination referred to in this Law, and during this period of time, he/she has not registered with the register according to the procedure established by this Law;

b) a circumstance related to the applicant contradicting the requirements of this Law was detected in the process of considering the application by Sakpatenti.

15. The removal of a person from the register means the termination of his/her powers as a patent attorney.

16. Sakpatenti may terminate a person’s powers of a patent attorney, if he/she fails to fulfil the obligation provided for in Article 15(1) of this Law, unless the person confirms that he/she has a reasonable excuse due to which he/she failed to observe the time frame provided for in Article 15(1) of this Law.

17. A decision of Sakpatenti on the refusal to register a person with the register or on removal of a person from the register may be appealed only in a court according to the procedure established by the legislation of Georgia.

18. Appealing against the decision provided for in paragraph 17 of this article shall not suspend its validity.

 

Article 13 – Continuing vocational education

1. Patent attorneys shall seek continuing vocational development involving the expansion of knowledge and the continuous improvement of skills for carrying out their professional activities.

2. Patent attorneys shall allocate a minimum of 10 academic hours biannually for continuing vocational education.

3. Continuing vocational education standards as provided for in paragraph 2 of this article shall be determined by an order of the chairperson of Sakpatenti.

4. Patent attorneys shall submit information to the Association before 31 January of each third calendar year on actions carried out by them for the last 2 years to receive continuing vocational education.

5. Under this Law, patent attorneys shall keep the documents certifying the receipt of continuing vocational education for the following 3 years.

6. If Sakpatenti or the Association requests the documents certifying the receipt of continuing vocational education as provided for in this article, a patent attorney shall immediately submit such documents, if any, within the time frame provided for in paragraph 5 of this article.

7. Sakpatenti shall ensure the implementation of courses required for the continuing vocational education programme for patent attorneys.

 

Chapter V - Association

 

Article 14 – Status of the Association

1. The Association is a membership-based non-entrepreneurial (non-commercial) legal entity. The Association is established by Sakpatenti.

2. When carrying out its activities, the Association is guided by the principles of impartiality, transparency, non-discrimination and justice, and complies with them.

3. The key objectives of the activities of the Association are as follows: facilitating the protection of the right to intellectual property, safeguarding the rights, professional freedom, interests and independence of patent attorneys, raising public awareness of a patent attorney’s profession and increasing confidence in patent attorneys, as well as facilitating and encouraging the process of gaining continuing vocational education by patent attorneys.

4. The principals and main objectives of the activities of the Association are determined by this Law, other legislative and subordinate acts of Georgia, and the statute of the Association.

5. Members of the Association are patent attorneys. The statuses of honourable members and associate members of the Association may also be determined by the statute of the Association.

 

Article 15 – Becoming a member of the Association

1. In order to become a member of the Association, a person shall submit the respective application to the Association not later than 1 month after registration with the register.

2. Within 10 days after receiving an application, the Management Board of the Association shall decide on the admission of a person as a member of the Association pursuant to the procedure determined by the statute of the Association.

3. In order to become a member of the Association, along with the respective application, a person shall submit to the Association the following:

a) a copy of an identity document;

b) data on a workplace address, contact telephone number and e-mail address; if a patent attorney works at a patent attorney bureau/other legal entity under public law, data on the name, identification number, legal address, contact telephone number and e-mail address of the workplace.

4. The Association shall refuse to admit a person as a member if:

a) 1 month has elapsed after the decision was made by Sakpatenti on the registration of a person with the register and the person has not applied to the Association with a request for membership in accordance with the procedure determined by this Law, unless the person confirms that he/she had a reasonable excuse for the failure to observe the established time frame;

b) a person is not registered with the register.

5. The refusal of the Management Board of the Association to admit a person as a member of the Association may be appealed in a court within 1 month after such decision is made.

6. The Association shall immediately notify Sakpatenti of its decision on the admission or the refusal to admit a person as a member of the Association. Sakpatenti shall take note of this information and make an appropriate change in the register, if necessary.

7. If Sakpatenti learns that a person failed to comply with the obligation provided for in paragraph 1 of this article within the established time frame, it shall have the right to remove the person from the register, unless the person confirms that he/she had a reasonable excuse for the failure to observe the established time frame.

 

Article 16 – Suspension of Association membership

1. The Association membership of a patent attorney shall be suspended by a decision of the Management Board of the Association in one of the following cases:

a) on the basis of a personal application;

b) if there is a ground provided for in Article 4(4) of this Law;

c) if he/she fails to meet the obligation referred to in Article 13(4) and/or (6) of this Law;

d) if the Ethics Commission of the Association has imposed disciplinary sanctions on him/her as provided for in Article 27(b) of this Law.

2. In the case of making a decision on the suspension of the Association membership of a patent attorney in accordance with this article, the patent attorney shall be exempted from the payment of the Association membership fee and shall be forbidden to be involved in the activities of the Association.

3. The Association membership of a person shall be restored not later than 10 working days after the submission of the corresponding application to the Association. In the case of the suspension of the Association membership of a patent attorney under paragraph 1(b), (c) or (d) of this article, the Association shall restore the person’s membership if the ground provided for in Article 4(4) of this Law is eradicated, or the obligation referred to in Article 13(4) and/or (6) of this Law is met, and/or if the time limit referred to in article 27(b) of this Law has expired.

4. The Association shall immediately notify Sakpatenti of the decision provided for in paragraph 1 and/or 3 of this article. Sakpatenti shall make the corresponding change in the register within 5 working days and shall suspend the powers of a patent attorney/restore the powers of a patent attorney of a person.

5. A decision of the Management Board of the Association on suspending the Association membership of a patent attorney may be appealed in a court within 1 month after such decision is made.

6. Appealing against the decision provided for in paragraph 2 of this article, according to the procedure established by the legislation of Georgia, shall not suspend its validity.

 

Article 17 – Termination of Association membership

1. The Association membership of a patent attorney shall be terminated by a decision of the Management Board of the Association in one of the following cases:

a) on the basis of a personal application;

b) if his/her citizenship of Georgia is terminated;

c) on the basis of a decision of the Ethics Commission of the Association;

 d) if a court recognises him/her as a beneficiary of support in the field determined by it, within which the activities of the patent attorney fall;

e) if he/she has been recognised as missing or declared as deceased by a court;

f) if a court’s judgement of conviction for committing a serious or particularly serious crime enters into legal force against him/her;

g) if a circumstance emerges, the timely detection of which would have served as grounds for refusing the registration of a person with the register;

h) if he/she fails to pay the Association membership fee;

i) if he/she fails to meet the obligation envisaged in Article 5(1), (2) and/or (3) of this Law;

j) if he/she dies.

2. In the case provided for in paragraph 1(c), (g), (h) and/or (i) of this article, by a majority of votes of members attending a meeting and by open or secret ballot, the Management Board of the Association shall make a decision on the termination of the Association membership of a patent attorney, while it shall take note of the cases referred to in subparagraphs (a), (b), (d), (e), (f) or (j) and make a decision to terminate the Association membership of a patent attorney without discussing the issue.

3. A decision on the termination of the Association membership of a patent attorney shall be substantiated and sent to the said person within 5 days after such decision is made, except for the cases provided for in paragraph 1(e) and (j) of this article.

4. The Association shall notify Sakpatenti of the decision referred to in paragraph 1 of this article within 5 days after such decision is made. Sakpatenti shall remove a person from the register within 5 working days.

5. If Sakpatenti learns about the presence of the grounds provided for in paragraph 1 of this article, for which the Association has not commenced the procedure for terminating the Association membership of a patent attorney, Sakpatenti shall have the right to request the Association to convene a meeting of the Management Board within 1 month, which shall review the issue of the termination of the Association membership of a patent attorney.

6. A decision of the Management Board of the Association on terminating the Association membership of a patent attorney may be appealed in a court within 1 month after such decision is made.

7. Appealing against the decision provided for in paragraph 2 of this article, according to the procedure established by the legislation of Georgia, shall not suspend its validity.

 

Article 18 – Structural units of the Association

1. In order for the Association to perform the functions provided for by this Law, the following units shall be established within it:

a) the Management Board;

b) the Ethics Commission;

c) the Supervisory Board.

2. The Association may also form other structural units to perform its functions. The activities of the said structural units shall be determined by the corresponding provisions approved by the Association.

 

Article 19 – General meeting of the Association

1. The general meeting of the Association is the supreme body of the Association, which shall be convened at least once a year. Its rules of operation and powers shall be determined by this Law and the statute of the Association.

2. The general meeting of the Association is authorised to set a fixed amount for the Association membership fee.

 

Article 20 – Procedures for making decisions and convening extraordinary meetings by the general meeting of the Association

1. The chairperson of the Management Board of the Association and/or Sakpatenti, in addition to the persons provided for in the statute of the Association, may initiate an issue to be discussed by the general meeting of the Association.

2. An extraordinary general meeting may be convened by the chairperson of the Management Board of the Association and/or Sakpatenti, in addition to the persons provided for in the statute of the Association.

3. The procedures for making decisions and convening extraordinary meetings by the general meeting of the Association shall be determined by the statute of the Association.

 

Article 21 – Management Board of the Association

1. The governing body of the Association is its Management Board, the meetings of which are held at least once every 2 months. Sakpatenti shall have the right to request the Association to convene a meeting of the Management Board in the case provided for in Article 17(5) of this Law.

2. The members and the chairperson of the Management Board of the Association shall be elected by the general meeting of the Association, for a term of 3 years, in accordance with the procedure determined by the statute of the Association.

3. The number, rules of operation, and powers of the members of the Management Board of the Association shall be determined by this Law and the statute of the Association.

 

Article 22 – Chairperson of the Management Board of the Association

1. The chairperson of the Management Board shall be in charge of the Association, represent the Association, and within his/her competence, be responsible for the fulfilment of the decisions adopted by the management bodies of the Association.

2. A person may be elected as the chairperson of the Management Board of the Association consecutively only twice.

3. The chairperson of the Management Board of the Association shall receive remuneration from the financial resources of the Association.

4. The scope of activities of the chairperson of the Management Board of the Association shall be determined by this Law and the statute of the Association.

 

Article 23 – Ethics Commission of the Association

1. The number of the members of the Ethics Commission of the Association shall be determined by the statute of the Association. The members of the Ethics Commission shall be elected by the general meeting of the Association for a term of 3 years according to the procedure established by the statute of the Association.

2. The Ethics Commission of the Association shall check the information received regarding a patent attorney, examine its grounds, and review and decide on the issue of disciplinary liability of the patent attorney.

3. The issue of disciplinary liability of a patent attorney shall not be reviewed on the basis of an anonymous letter and/or notification.

4. The procedure for imposing disciplinary liability on a patent attorney and for conducting disciplinary proceedings shall be determined by this Law, the statute of the Association, and the corresponding provision approved by the general meeting of the Association.

5. The Association shall notify Sakpatenti of the decision of the Ethics Commission of the Association within 10 days after such decision is made.

6. A decision of the Ethics Commission of the Association may be appealed in a court within 1 month after it is notified to a patent attorney. Appealing against the decision shall not suspend its validity.

 

Article 24 – Supervision over the activities of the Association, the Supervisory Board of the Association

1. The Supervisory Board of the Association shall be formed to control compliance with this Law and the statute of the Association, the use of financial resources and other property for the purposes determined by the said statute, and the activities of the Management Board of the Association, its chairperson, and the persons appointed and elected by them.

2. The members of the Supervisory Board of the Association shall be elected by the general meeting of the Association, for a term of 3 years, in accordance with the procedure established by the statute of the Association.

3. The Supervisory Board of the Association is authorised to select and engage an independent auditor as provided for by the legislation of Georgia in order to audit the financial activities referred to in paragraph 1 of this article.

4. Sakpatenti is authorised to select and engage an independent auditor as provided for by the legislation of Georgia in order to check the compliance of the activities of the Association with the requirements of this Law.

 

Chapter VI - Disciplinary Proceedings

 

Article 25 – Grounds to impose disciplinary liability on a patent attorney

1. Disciplinary liability shall be imposed on a patent attorney in the case of failure to fulfil the obligations provided for in Articles 3-5, Article 8, and Article 12(12) of this Law.

2. The Association shall decide against initiating disciplinary proceedings against a patent attorney if 3 years have elapsed before the patent attorney applied to the Ethics Commission of the Association after committing a disputed action.

 

Article 26 – Initiation of disciplinary prosecution

A disciplinary prosecution against a patent attorney shall be initiated by the Ethics Commission of the Association. It shall decide on the initiation of a disciplinary prosecution or on refusal to initiate a disciplinary prosecution against a patent attorney within 2 months after receiving the corresponding information.

 

Article 27 – Types of disciplinary sanctions

The types of disciplinary sanction are as follows:

a) a warning;

b) the suspension of Association membership from 6 months to 3 years;

c) the termination of Association membership.

 

Article 28 – Procedure for imposing disciplinary sanctions on a patent attorney

1. The Ethics Commission of the Association shall consider the issue of imposing disciplinary sanctions on a patent attorney as a panel, at its meeting, and make a decision by a majority of votes of the members attending the meeting. In the case of a different opinion, it shall be attached to the said decision.

2. Before the Ethics Commission of the Association makes a decision, a patent attorney shall be provided with the opportunity to express his/her opinion verbally or in writing, to request and submit evidence, and to fully exercise the right to defence.

3. A meeting of the Ethics Commission of the Association is closed. In addition, the Ethics Commission is authorised to hold a public meeting based on a request from both parties. The parties shall have the right to obtain a reasoned decision of the Ethics Commission. The operative part of the decision of the Ethics Commission is public.

4. In the case of making a decision on imposing disciplinary sanctions as provided for in Article 27(b) or (c) of this Law on a patent attorney, the Association shall immediately notify Sakpatenti of such decision.

 

Chapter VII - Transitional and Final Provisions

 

Article 29 – Establishment of the Association of Patent Attorneys of Georgia

1. The LEPL National Intellectual Property Center of Georgia Sakpatenti shall establish the Association of Patent Attorneys of Georgia within 3 months after conducting two qualification examinations for the patent attorneys of Georgia. The first qualification examination for the patent attorneys of Georgia shall be held before 31 December 2025, and the other qualification examination shall be held before 31 December 2026.

2. In the course of establishing the Association of Patent Attorneys of Georgia, the LEPL National Intellectual Property Center of Georgia Sakpatenti shall approve the statute of the Association of Patent Attorneys of Georgia and appoint the chairperson of the Management Board of the Association for a term of 1 year.

3. The LEPL National Intellectual Property Center of Georgia Sakpatenti shall publish information on the establishment of the Association of Patent Attorneys of Georgia on its official website.

4. Within 1 month after publishing the information provided for in paragraph 3 of this article, the patent attorneys of Georgia shall submit to the Association of Patent Attorneys of Georgia applications requesting membership of the Association.

5. Within not later than 6 months after the establishment of the Association of Patent Attorneys of Georgia, the chairperson of the Management Board of the Association shall convene the general meeting of the Association, which shall elect the members of the Management Board, the Ethics Commission, and the Supervisory Board of the Association.

6. Before the establishment of the Association of Patent Attorneys of Georgia:

a) patent attorneys of Georgia shall fulfil their obligations as provided for in Article 5(2) and (3) of this Law before the LEPL National Intellectual Property Center of Georgia Sakpatenti;

b) the LEPL National Intellectual Property Center of Georgia Sakpatenti is authorised to terminate the powers of a patent attorney of Georgia, if there are grounds provided for in Article 17(1)(a), (b), (d), (e), (f), (g), (i) or (j) of of this Law.

 

Article 30 – Approval of the professional standards document of the patent attorneys of Georgia

Within 3 months after convening the first general meeting, the Association of Patent Attorneys of Georgia shall approve the professional standards document of the patent attorneys of Georgia.

 

Article 31 – Legal status of a person who has been awarded the status of a patent attorney of Georgia before the entry into force of this Law

1. A person who was awarded the status of a patent attorney of Georgia before the entry into force of this Law shall be equal to a general patent attorney of Georgia envisaged by this Law.

2. Within 2 months after the entry into force of this Law, a person as referred to in paragraph 1 of this article shall submit an application in accordance with article 78 of the General Administration Code of Georgia to the LEPL National Intellectual Property Center of Georgia Sakpatenti for the purposes of being registered with the register of patent attorneys of Georgia, and shall attach to it the documents/information provided for in Article 12(5)(a), (b) and (d) of this Law, on the basis of which the LEPL National Intellectual Property Center of Georgia Sakpatenti shall register the said person with the register of patent attorneys of Georgia. The failure to submit the said application within the established time frame shall serve as a ground for terminating the powers of a patent attorney of Georgia.

3. A person as provided for in paragraph 1 of this article shall submit to the LEPL National Intellectual Property Center of Georgia Sakpatenti the compulsory professional liability insurance documents referred to in Article 5 of this Law within 2 months after his/her registration with the register of patent attorneys of Georgia. The failure to submit the said documents within the established time frame shall serve as a ground for terminating the powers of a patent attorney of Georgia.

 

Article 32 – Admission of patent attorneys to the qualification examinations during the transition period

1. The period of time from 1 January 2025 to 1 January 2027 shall be considered as the transition period.

2. During the transition period, a person shall be admitted to the qualification examination for the general patent attorneys of Georgia, if he/she meets the requirements of Article 6(2)(a) and (b) of this Law and has paid the qualification examination fee, while a person shall be admitted to the qualification examination for the trademark attorneys of Georgia, if he/she meets the requirements of Article 6(3)(a) and (b) of this Law and has paid the qualification examination fee.

 

Article 33 – Measures to be implemented with regard to the entry into force of this Law

1. By orders of the chairperson of the LEPL National Intellectual Property Center of Georgia Sakpatenti:

a) before 1 February 2025, the following shall be established:

a.a) the procedure for keeping the register of the patent attorneys of Georgia, the form of and the procedure for issuing a Patent Attorney Certificate;

a.b) the form of and the procedure for conducting the qualification examinations for the patent attorneys of Georgia, as well as the examination questions, and the form of and and the procedure for issuing a certificate, the document certifying the passing of the qualification examination for the patent attorneys of Georgia;

a.c) the procedure, conditions and minimum amount of insurance of the compulsory professional liability of the patent attorneys of Georgia;

b) required work experience criteria for awarding to a person the qualification of a patent attorney of Georgia, the minimum standards for a special training course programme, and the continuing vocational education standards shall be determined before 1 January 2026.

2. Before 1 April 2025, the Government of Georgia shall ensure the compliance of Ordinance No 181 of 3 July 2010 of the Government of Georgia on Approval of the Regulations of the LEPL National Intellectual Property Center of Georgia Sakpatenti with the requirements of this Law.

3. Upon the entry into force of this Law, the Regulations of the Patent Attorneys of Georgia approved by Order No 1 of 12 January 2011 of the Chairperson of the LEPL National Intellectual Property Center of Georgia Sakpatenti on Approval of the Regulations of the Patent Attorneys of Georgia shall be declared invalid.

 

Article 34 – Final provisions

1. This Law, except for Article 6(2)(d), Article 6(3)(d), Article 8(d), Article 11(3)(c) and Article 13 of this Law, shall enter into force on 1 January 2025.

2. Article 6(2)(d), Article 6(3)(d), Article 8(d), Article 11(3)(c) and Article 13 of this Law shall enter into force on 1 January 2027.

 

 

 

President of Georgia                                                    Salome Zourabichvili

 

Tbilisi,

15 May 2024

No 4166-XIV მს -X მპ