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IP Litigation

Is mediation mandatory before going to court?

In Georgia, mediation is not strictly mandatory for all IP disputes, but judges often encourage settlements. We always explore settlement options first (Cease and Desist letters, negotiations) to save time and costs. However, if the infringer is uncooperative, we proceed directly to litigation to protect your rights effectively.

Can I sue for infringement if my trademark is not registered?

It is much harder but possible under "Unfair Competition" laws if your brand is well-known. However, you cannot sue for trademark infringement specifically without a registration certificate. This highlights the importance of early registration. For copyright, registration is not mandatory to sue, but it serves as strong evidence.

What happens if I lose the case?

If you lose, you may be liable to pay the other party's legal costs and court fees. To minimize this risk, we conduct a thorough preliminary assessment of your case's strength before filing a lawsuit. We only recommend litigation if there is a reasonable probability of success.

How long does an IP lawsuit take in Georgia?

A typical IP case in the first instance court can take 6-12 months. If appealed to the Court of Appeals and Supreme Court, the process can extend to 2-3 years. While this seems long, provisional measures (injunctions) can stop the infringing activity immediately while the case is pending.

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Intellectual Property Litigation and Dispute Resolution

Infringement of Intellectual Property (IP) rights causes serious financial and reputational damage to businesses. When preventive measures and negotiations fail, litigation becomes necessary. IP litigation involves conflicts over trademarks, copyrights, patents, and designs. It is one of the most complex categories of disputes, requiring narrow specialization, technical expertise, and specific evidence collection (e.g., market research, comparative analysis). The number of IP disputes in Georgia is growing, indicating market development.

Legal.ge offers access to experienced lawyers specializing in IP litigation. We represent clients in all court instances, as well as in the Chamber of Appeals of "Sakpatenti." Our goal is not only to win the dispute but also to secure full compensation for damages and permanently stop the infringement.

What Does IP Litigation Service Cover?

Our service covers the full spectrum of disputes:

  • Trademark Disputes: Protection against the use of similar marks, imitation, or reputation tarnishing.
  • Copyright Infringement: Lawsuits against plagiarism, unauthorized reproduction, and internet piracy.
  • Patent Disputes: Complex technical disputes regarding infringement of invention or utility model patents.
  • Unfair Competition: Disputes at the Competition Agency and in court regarding misleading advertising or misappropriation of trade secrets.
  • Appealing Sakpatenti Decisions: Challenging registration refusals or other administrative acts at the Chamber of Appeals.
  • Provisional Measures: Obtaining court orders to seize infringing products or bank accounts before the final verdict.

Common Situations and Scenarios

A typical scenario is consumer confusion. A competitor uses packaging very similar in color and shape to your famous product. Consumers think they are buying your product. A lawyer prepares a lawsuit for trademark infringement and unfair competition, demanding a ban on similar products and damages.

Another scenario is patent infringement. A pharmaceutical company released a generic drug while the original patent was still valid. This is a complex dispute requiring the involvement of a patent attorney and formula expertise.

Georgian Legislation and Legal Framework

Disputes rely on the Civil Procedure Code and special laws (Trademarks, Copyright, Patent). The Law on Border Measures Related to Intellectual Property is also significant. The burden of proof in court lies with the plaintiff, so substantiating the fact of infringement and the amount of damage (including via sociological research on mark recognition) is necessary.

Process of Receiving Services

The case begins with evidence collection. The lawyer conducts a test purchase and notarizes the fact. Then a warning is sent. If there is no result, a lawsuit is filed. We demand not only damages but also the destruction of counterfeit goods and the publication of the decision in mass media to restore reputation.

Your rights are protected only when you are ready to fight for them. Legal.ge is your weapon in this battle.

Why Choose a Specialist on Legal.ge?

IP disputes require specific knowledge that a general lawyer does not possess. On Legal.ge, there are lawyers with experience in precedent-setting cases in the Supreme Court who know how to persuade a judge on the specifics of intellectual property.

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