National Intellectual Property Center of Georgia Sakpatenti. Sofia, November, 2016

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1 National Intellectual Property Center of Georgia Sakpatenti Sofia, November, 2016

2 Georgia - Cradle of Wine Georgia years of unbroken tradition of winemaking 525 indigenous grape varieties 10 wine regions

3 Protection of AOs and GIs in Georgia The Law of Georgia on Appellations of Origin of Goods and Geographical Indications (1999) The Law on Vine and Wine (2002) Protection of appellations of origin on the basis of the Decree of the President (2002)

4 The basis for the protection of geographical indications in Georgia is registration at Sakpatenti, as well as international and bilateral agreements * Sakpatenti handles an official Register of authorized users (e.g. companies) of Georgian geographical indications and appellations of origin.

5 Georgian AOs and GIs Registered at Sakpatenti 18 wines (since 2005) applicant Georgian Wine Agency 3 mineral waters (since 2011) right applicant MoA 1 spirit drink (since 2011) applicant MoA 13 cheeses (since 2012) applicant MoA 7 other products (since 2012) applicant MoA 4 other products (since 2016) applicants associations

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7 Foreign AOs or GIs are protected in Georgia by virtue of the following instruments: Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Georgia is a party since 1999); EU-Georgia Agreement on Mutual Recognition of Geographical Indications of Agricultural Products and Foodstuffs (entered into force on 1 April 2012); Deep and Comprehensive Free Trade Area (DCFTA) with the European Union (EU) Bilateral agreements

8 Protection of Georgian AOs and GIs abroad Under the Lisbon agreement; In 28 EU countries under bilateral agreement; In some CIS countries under bilateral agreements; or direct registrations for instance in Russia; In the USA and China on the basis of certification marks (some wines)

9 Georgian wine export statistics Top 5 importers: Russian Federation ; 2. Kazakhstan ; 3. Ukraine ; 4. China ; 5. Poland Total export bottles of wine (0.75 L)

10 Agreement between EU and Georgia First contacts with the EU in 2002, Cognac Forum of the EU Countries In 2004 under the Decree of the Government of Georgia the Ministry of Foreign Affairs, Ministry of Agriculture and Sakpatenti were instructed to start consultations with the EU for conclusion of a bilateral agreement.

11 Negotiating the Agreement Text Important issues - relationship with trademarks, enforcement mechanisms etc. No registrations of EU s AOs and GIs as trademarks were registered in Georgia. Some Georgian AOs were registered as trademarks in Republic of Bulgaria * They were invalidated before the signing of the Agreement, according to the procedures provided for by the national legislation of the Republic of Bulgaria.

12 GI system development in Georgia Sakpatenti s action plan Strategy of the Ministry of Agriculture of Georgia Twinning project (under negotiation)

13 Sakpatenti s action plan Studying of European experience with regard to GI protection and cooperation with respective EU organizations and members; Modernizing of legislation; Establishment of the control mechanisms; Increasing GI awareness among main stakeholders; Identification of potential geographical indications in the country, their inventory, identification of specifications and registration; Involving private sector in development of GI system.

14 ENPARD- Georgia ENPARD- Georgia technical assistance Were achieved specific results related to GIs: Establishment of self-regulatory collective bodies (groups) composed by the farmers, producers and other stakeholders for 4 new geographical indications Drawing up specifications for these GIs approved by self-regulatory bodies. Drafting of applications 4 new Gis were applied for registration by associations themselves

15 Besides creation new GIs ENPARD program helped to substitute purely vertically organized Georgian GI management system by system based on integration vertical and horizontal interactions among stakeholders.

16 SAKPATENTI s role in protection and enforcement of Georgian GIs/AOs abroad. Under the legislation of Georgia, SAKPATENTI is empowered to take action regarding protection and enforcement of Georgian GIs/AOs in foreign countries, on its expense. System of notifications from private producers, diaspora and the embassies function well, with a view to detect counterfeited Georgian GIs and AOs abroad and make decision on relevant legal action (often, official warnings are sufficient, in some cases SAKPATENTI resorts to litigation). Completed and pending cases in China and the USA

17 Thank you for your attention!