GEORGIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Georgia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GEORGIA
Since July 1999, as amended in December 2005, last amended in June 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
General Administrative Code of Georgia (საქართველოს ზოგადი ადმინისტრაციული კოდექსი)
Under Art. 37 of the General Administrative Code, as amended by Art. 1 of the Law of Georgia No. 2542 (On Adding Amendments to the General Administrative Code), public institutions are required to share personal data or commercial secrets with another public institution upon a written request, if necessary to resolve a specific issue. In such cases, the requesting institution must obtain and provide written consent from the individual whose personal data or commercial secrets are being disclosed.
Additionally, under Art. 99, an interested party in administrative proceedings is entitled to access case materials, with the exception of intra-agency documents related to the preparation of an individual administrative act. If the interest in accessing these materials outweighs confidentiality concerns, documents containing commercial secrets may be disclosed, provided such access is authorised by law or a court decision. Copies of these materials may only be provided under similar legal or judicial authorisation.
Although the law does not explicitly mention algorithms or source codes, Art. 27.1 provides a broad definition of commercial secrets. This includes any information about a plan, formula, process, or means of commercial value, or any other information used for manufacturing, preparation, or processing of goods, rendering of services, and/or information that represents a novelty or significant technical achievement, and other information that may prejudice the competitiveness of a person if disclosed.
Additionally, under Art. 99, an interested party in administrative proceedings is entitled to access case materials, with the exception of intra-agency documents related to the preparation of an individual administrative act. If the interest in accessing these materials outweighs confidentiality concerns, documents containing commercial secrets may be disclosed, provided such access is authorised by law or a court decision. Copies of these materials may only be provided under similar legal or judicial authorisation.
Although the law does not explicitly mention algorithms or source codes, Art. 27.1 provides a broad definition of commercial secrets. This includes any information about a plan, formula, process, or means of commercial value, or any other information used for manufacturing, preparation, or processing of goods, rendering of services, and/or information that represents a novelty or significant technical achievement, and other information that may prejudice the competitiveness of a person if disclosed.
Coverage Horizontal
GEORGIA
Since July 1999, last amended in June 2023
Since November 1997
Since August 1999, last amended in June 2024
Since August 1995, as amended in March 2018, last amended in June 2020
Since November 1997
Since August 1999, last amended in June 2024
Since August 1995, as amended in March 2018, last amended in June 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
General Administrative Code of Georgia (საქართველოს ზოგადი ადმინისტრაციული კოდექსი)
The Civil Code of Georgia (საქართველოს სამოქალაქო კოდექსი)
Law of Georgia No. 2287, Criminal Code of Georgia (საქართველოს კანონი No. 2287, საქართველოს სისხლის სამართლის კოდექსი)
Constitutional Law of the Republic of Georgia (საქართველოს რესპუბლიკის კონსტიტუციური კანონი)
The Civil Code of Georgia (საქართველოს სამოქალაქო კოდექსი)
Law of Georgia No. 2287, Criminal Code of Georgia (საქართველოს კანონი No. 2287, საქართველოს სისხლის სამართლის კოდექსი)
Constitutional Law of the Republic of Georgia (საქართველოს რესპუბლიკის კონსტიტუციური კანონი)
Georgia has a comprehensive framework regulating trade secrets, which has been established by several laws. According to the General Administrative Code (Art. 27), a commercial secret is defined as information that, if disclosed, could harm the competitive position of an entity and is thus protected from such disclosure. The Civil Code (Art. 1105) grants entrepreneurs exclusive rights over technological, organisational, or commercial information, ensuring its confidentiality. The Criminal Code (Art. 202) imposes penalties for the illegal collection, disclosure, or use of commercial secrets. Additionally, the Constitutional Law of the Republic of Georgia (Art. 18) guarantees that public institutions protect commercial and professional secrets.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240711092049/https://matsne.gov.ge/en/document/view/16270?publication=43
- https://web.archive.org/web/20241029064454/https://matsne.gov.ge/en/document/view/31702?publication=131
- https://web.archive.org/web/20240913092231/https://www.matsne.gov.ge/en/document/view/16426?publication=262
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GEORGIA
Since June 2005, last amended in June 2023
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law of Georgia No. 1514 on Electronic Communications (საქართველოს კანონი № 1514 ელექტრონული კომუნიკაციების შესახებ)
There is an obligation for passive infrastructure sharing in Georgia to deliver telecom services to end users. Art. 19 of Law No. 1514 stipulates that an authorised person may request a provider of a public electronic communication network to provide access and/or interconnection to the relevant elements of its network. Furthermore, Art. 34 mandates that an authorised person with significant market power who owns an electronic communication network shall ensure unrestricted, transparent and non-discriminatory access to the relevant elements, technical facilities of its network, and other types of electronic communication services.
Coverage Telecommunications sector
GEORGIA
Since June 2005, last amended in June 2023
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Law of Georgia No. 1514 on Electronic Communications (საქართველოს კანონი № 1514 ელექტრონული კომუნიკაციების შესახებ)
Georgia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 29 (c) of Law No. 1514 provides that the National Communications Commission of Georgia may, by decision, impose on an authorised entity with significant market power the obligation to maintain separate records of expenditure and income in accordance with the methodological rules approved by the Commission. Furthermore, Art. 34.8 stipulates that, by decision of the Commission, an electronic communications network operator must ensure the separation of the functional resources of the relevant elements of its network, where their use is reasonably requested by an interested authorised entity. Additionally, Art. 27.6 establishes that the Commission may require an operator with significant market power as a result of a merger to ensure functional separation, meaning the division of functionally separated structural units into a separate legal entity or entities.
Coverage Telecommunications sector
GEORGIA
Since December 2000
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Georgia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GEORGIA
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Georgia has two government bodies within the telecommunications sector: a governmental ministry responsible for policy formulation and an independent regulatory commission called the Georgian National Communications Commission. The Commission serves as the country's regulatory authority for broadcasting and electronic communications. It functions as an independent state agency, operating as a legal entity under public law, with a commission comprising five appointed members. Although it enjoys operational and budgetary autonomy, the Commission remains accountable to the President, the Government, and Parliament, which could result in a lack of independence.
The Department of Communications, Information and Modern Technologies, housed within the Ministry of Economy and Sustainable Development, is the policy-making entity responsible for formulating and implementing state policy regarding electronic communications, information technologies, and postal services.
The Department of Communications, Information and Modern Technologies, housed within the Ministry of Economy and Sustainable Development, is the policy-making entity responsible for formulating and implementing state policy regarding electronic communications, information technologies, and postal services.
Coverage Telecommunications sector
GEORGIA
Since June 2023, entry into force in June 2024
Since December 2011, until 2024
Since December 2011, until 2024
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law of Georgia on Personal Data Protection, No. 3144 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Data Protection Act No. 5669 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Data Protection Act No. 5669 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Art. 37 of Law No. 3144 stipulates that the cross-border transfer of data is permissible if the data processing requirements outlined in the Law are met and adequate safeguards are in place in the destination jurisdiction to ensure the protection of data subjects' rights. In addition, the cross-border transfer of data is allowed under other circumstances, including when: (i) the data transfer is envisaged by an international treaty and agreements of Georgia; (ii) the data controller provides appropriate safeguards for data protection on the basis of an agreement concluded between the controller and the relevant state, the appropriate public institution of such state, a legal person or a natural person, or an international organisation; (iii) the data subject gives written consent after receiving information on the lack of proper safeguards for data protection in the relevant jurisdiction and on possible threats; (iv) the transfer of data is necessary to protect the vital interests of a data subject and the data subject is physically or legally incapable of consenting to such data processing; and (v) there is a lawful public interest, and the transfer of data is a necessary and proportionate measure in a democratic society.
Onward transfer is permitted only if such data transfer serves the initial purpose of data transfer, meets the requirements for the legal basis for data transfer, and ensures adequate safeguards for data protection.
Law No. 3144, signed in June 2023, superseded the Act No. 5669 with effect starting from June 2024. Art. 41 of the now-repealed Act No. 5669 established conditions for cross-border data transfers that were similar to those outlined in Art. 37 of the new Law.
Onward transfer is permitted only if such data transfer serves the initial purpose of data transfer, meets the requirements for the legal basis for data transfer, and ensures adequate safeguards for data protection.
Law No. 3144, signed in June 2023, superseded the Act No. 5669 with effect starting from June 2024. Art. 41 of the now-repealed Act No. 5669 established conditions for cross-border data transfers that were similar to those outlined in Art. 37 of the new Law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241206071905/https://matsne.gov.ge/ka/document/view/5827307
- https://web.archive.org/web/20231202174813/https://www.dataguidance.com/notes/georgia-data-protection-overview
- https://web.archive.org/web/20241207115411/https://matsne.gov.ge/ka/document/view/1561437
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GEORGIA
Since November 1996, entry into force in December 1996, last amended in June 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 473-10 of Georgia on Promotion and Guarantees of Investment Activity (საქართველოს კანონი
საინვესტიციო საქმიანობის ხელშეწყობისა და გარანტიების შესახებ)
საინვესტიციო საქმიანობის ხელშეწყობისა და გარანტიების შესახებ)
According to Art. 2.3 of the Law of Georgia on the Investment Activity Promotion and Guarantees, an enterprise with a foreign investment of not less than 25% shall enjoy the same rights as the foreign investor. Despite the reference to the 25% share of ownership, there is no specified maximum limit for the participation of foreign capital.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241204184452/https://matsne.gov.ge/en/document/view/33304?impose=original&publication=15
- https://web.archive.org/web/20231004222531/https://investmentpolicy.unctad.org/investment-laws/laws/75/georgia-investment-law
- https://web.archive.org/web/20230930031255/https://www.state.gov/reports/2023-investment-climate-statements/georgia/
- https://web.archive.org/web/20240629140634/https://www.investingeorgia.org/media/f2hioppm/how_to_register_a_business.pdf
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GEORGIA
Since February 1999, last amended in May 2024, entry into force in January 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of Georgia No. 1791 on Patents (საქართველოს საპატენტო კანონი, № 1791-IIს)
Art. 24 of Law No. 1791 mandates that patent applications be submitted in the Georgian language. It is reported that in instances where the applicant submits application documents in a foreign language, a Georgian translation must be provided within two months from the date of submission.
Coverage Horizontal
GEORGIA
Since February 1999, as amended in May 2023, entry into force in January 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of Georgia No. 1791 on Patents (საქართველოს საპატენტო კანონი, № 1791-IIს)
According to Art. 22 of Law No. 1791, any applicant lacking a residence or registered legal address within Georgia must appoint a Georgian patent attorney to represent before the National Intellectual Property Centre of Georgia (Sakpatenti) in the application process.
Coverage Horizontal
GEORGIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.06%
Coverage rate of zero-tariffs on ICT goods (%)
97.39%
Coverage: ICT goods
GEORGIA
Since September 1999
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Georgia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
GEORGIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Georgia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1999.
Coverage Horizontal
