Customs and Intellectual Property — the Foundations
The state border is the most sensitive point for counterfeit goods and goods created in breach of a right in a mark: import, export and warehousing are precisely the acts prohibited by the Georgian Law on Trademarks. These norms do not provide a separate institute of "customs-record filing" or an application for customs surveillance — protection at the border operates through the general regime of the exclusive right in the mark and claims directed to court. The holder's exclusive right to a trademark protected by registration arises from the day the mark is registered, and it is this right that determines who may lawfully dispose of marked goods crossing the border.