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Customs IP Enforcement

How quickly does Customs react to counterfeit goods?

Once a brand is registered in the Customs IP Registry, the reaction is automatic. The electronic risk management system flags suspicious shipments. Customs officers physically inspect the goods and, if suspicious, suspend the release immediately for 10 working days, notifying the rights holder within 24 hours.

Do I need a local representative for Customs IP protection?

While foreign companies can apply, having a local legal representative is highly recommended and practically necessary. The 10-day window to respond to a suspension is very short. A local lawyer can immediately inspect the goods, verify the infringement, and handle the legal paperwork with Customs without delay.

Does customs protection cover goods in transit?

Yes, Georgian customs legislation allows for the suspension of counterfeit goods that are merely passing through Georgian territory (transit) to another country. This is a crucial tool for stopping international supply chains of fake products.

What if the importer abandons the fake goods?

This is a common scenario. If the importer does not oppose the destruction or fails to respond within the notification period, Customs can proceed with the "simplified destruction procedure." This allows the rights holder to have the goods destroyed quickly without needing a lengthy court order.

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Intellectual Property protection at the customs border is the most effective preventive mechanism against counterfeit and pirated goods entering the country. The Customs Department of the Revenue Service of Georgia maintains a Registry of Intellectual Property Objects. Registration in this registry enables the rights holder (brand) to have customs automatically suspend suspicious goods at the border. This service is critically important for international brands and local manufacturers to shield their market from cheap and low-quality knock-offs before they reach retail networks.

What Customs IP Enforcement Services Cover

Specialists on Legal.ge offer comprehensive services for interacting with the Customs Registry:

  • Registration in the Customs Registry: Preparing and submitting applications to the Revenue Service so customs officers start monitoring your brand.
  • Training Customs Officers: Organizing special training sessions for customs personnel to teach them how to distinguish original products from fakes (e.g., nuances in stitching, logos, packaging).
  • Response to Suspensions: When customs detains goods, the lawyer promptly (within the 10-day window) inspects the products and takes action (destruction or lawsuit).
  • Destruction Procedures: Utilizing simplified procedures to destroy infringing goods without litigation if the infringer admits the fact.
  • Transit Monitoring: Preventing the movement of fake goods passing through Georgia in transit.

Practical Examples and Scenarios

Customs protection works as follows:

  • Counterfeit Import: A customs officer inspects a container and sees sneakers visually resembling a famous brand but of suspicious quality. Since the brand is registered in the Customs Registry, the goods are suspended, and the rights holder is notified.
  • Parallel Import: An unauthorized distributor imports original products. However, Georgian law permits parallel imports (principle of exhaustion of rights), so customs generally will not stop goods if they are genuine originals.
  • Pirated Discs/Tech: Electronics with illegally installed software or logos are detected at the border.

Georgian Legal Framework

The field is regulated by the Law of Georgia on Border Measures Related to Intellectual Property and the Tax Code of Georgia. The law empowers customs to suspend goods for 10 working days if there is a suspicion of IP infringement. Within this period, the rights holder must confirm the infringement and file a lawsuit or reach an agreement on destruction. Without registration (ex-officio), customs response is limited to only 3 days.

The Process: From Registration to Enforcement

Effective protection requires a proactive approach:

  1. Application: The IP lawyer fills out the application and attaches descriptions of the original.
  2. Registration: Data is entered into the customs electronic system (valid for 2 years, renewable).
  3. Suspension: The system flags suspicious cargo in the "red channel."
  4. Notification: The lawyer receives a notice and inspects samples.
  5. Action: Filing a lawsuit or agreeing on destruction.

Why Legal.ge?

Customs procedures operate within strict deadlines (10 days total for response). Delay means fake goods entering the market. Legal.ge gives you access to responsive lawyers who know customs procedures and can protect your brand at the border. Find a specialist on Legal.ge.

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