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 |
Sub-pillar 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, as amended in May 2023, entry into force in January 2025
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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
Since February 1999, last amended in May 2024, entry into force in January 2025
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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) |
Sub-pillar Practical or legal restrictions related to the enforcement of 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) to enforce the patent.
Coverage Horizontal
GEORGIA
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Georgia is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal
GEORGIA
Since August 1999, last ameded in December 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law of Georgia No. 2112 on Copyright and Related Rights (საქართველოს კანონი № 2112 საავტორო და მომიჯნავე უფლებების შესახებ)
Georgia has a copyright regime under the Law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, limiting lawful use by others. Chapter III lists exceptions, including the use of a copyrighted work for personal use (Art. 21), reprographic reproduction by libraries (Art. 22), and educational or informational purposes (Art. 23), among others.
GEORGIA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Georgia. Online piracy in the country is widespread across various sectors, including the distribution of films, series, music, video games, and software. The prevalence of pirated content negatively impacts numerous stakeholders in the private sector by discouraging both domestic and foreign investments and limiting revenue generation for audiovisual producers and firms involved in post-production and distribution. Moreover, Georgia is reported to have one of the highest global piracy rates, with 91% of software being illegally used.
Coverage Audiovisual services, video game, software
Sources
- https://web.archive.org/web/20240717143806/https://georgiatoday.ge/forthcoming-anti-piracy-policy-changes-in-georgia-new-enforcement-mechanism-for-intellectual-property-rights/
- https://web.archive.org/web/20231101150157/https://variety.com/2023/film/global/georgias-illegal-streaming-anti-piracy-body-alliance-for-creativity-and-entertainment-1235775372/
- https://web.archive.org/web/20240302162845/https://bytescare.com/blog/countries-with-highest-piracy-rates
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GEORGIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Georgia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GEORGIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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) |
Sub-pillar 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) |
Sub-pillar 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 September 1999
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar 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: Digital goods
UGANDA
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
The Uganda National Bureau of Standards (UNBS) does all product testing, including that of electronic equipment. Self-certification is not accepted. The Electrical Testing laboratory carries out an analysis of electrical products and appliances to assess their compliance with Uganda and international standards. There are also fees charged for testing of these equipment.
The Qmark is recognised by all East Africa Partner States. Products containing this mark are automatically recognised in another East African Community (EAC) Partner State's conformity assessment or certification of a product by exporting to an EAC Partner State.
The Qmark is recognised by all East Africa Partner States. Products containing this mark are automatically recognised in another East African Community (EAC) Partner State's conformity assessment or certification of a product by exporting to an EAC Partner State.
Coverage Electronic equipment
Sources
- https://web.archive.org/web/20230313111255/https://www.unbs.go.ug/content.php?src=electrical-laboratory&pg=content
- https://web.archive.org/web/20231205112344/https://www.unbs.go.ug/e-services/testing-fees/
- https://web.archive.org/web/20211117035322/https://www.unbs.go.ug//attachments/menus/36/QC_OCTOBER_2018.pdf
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