Patent violation is one of the most complex forms of intellectual property infringement, involving the illegal use of inventions, utility models, and industrial designs. In Georgia, the unauthorized use of patented technology or design leads to civil liability, and in special cases — criminal prosecution (Article 189 - Infringement of copyright and related rights, where "related" broadly can encompass industrial property in certain contexts, or if the violation constitutes an economic crime). Disputes often concern pharmaceutical products, engineering solutions, and innovative technologies. The patent holder has the exclusive right to prohibit others from manufacturing, using, or selling their invention. In case of infringement, the patent holder can demand compensation for damages, destruction of products, and cessation of production. Conversely, the accused needs strong defense to prove that their product does not infringe the patent or that the patent itself is invalid.
What does Patent Violation legal service cover?
Patent law specialists and patent attorneys offer:
- Technical expertise: Comparing the patent claims with the disputed product to determine if there is a technological overlap and infringement.
- Patent invalidation: A counter-attack strategy — arguing that the patent should not have been granted (e.g., due to lack of novelty), which automatically nullifies the infringement.
- Freedom to Operate (FTO) analysis: Preliminary research to help businesses avoid infringing on others' patents before launching a product.
- Litigation: Representing interests in court regarding patent infringement, damages compensation, or compulsory licensing.
- License negotiation: Resolving the dispute by signing a licensing agreement.
Common Situations and Scenarios
Patent disputes often arise in the following sectors:
- Pharmaceuticals: Producing generic drugs before the patent expires.
- Mechanical Engineering: Copying devices or using similar technological solutions.
- Design: Unauthorized copying of industrial designs (e.g., furniture, packaging design).
- Startups: Misappropriation of an innovative idea by an investor or partner before the patent is filed.
Georgian Legislation and Legal Framework
The main act is the "Patent Law of Georgia," which regulates the protection of inventions, utility models, and industrial designs. Sakpatenti grants patents and maintains the register. Patent infringement results in civil liability (compensation for damages). If the infringement involves fraud or causes large economic damage to the state, criminal liability may also arise. The lawyer's role is to correctly interpret the scope of the patent and protect the client from baseless claims or infringement of rights.
Service Delivery Process
The process begins with a detailed analysis of the patent claims. The lawyer and technical expert study the disputed object. If you are accused of infringement, the lawyer looks for ways to invalidate the patent or deny the infringement. If your right has been violated, the lawyer prepares evidence and a lawsuit.
Why choose a specialist on Legal.ge?
Patent disputes require both legal and technical knowledge. On Legal.ge, you will find lawyers and patent attorneys experienced in complex technological disputes. Protect your innovations and business with professionals.
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