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Legislative Implementation of Flexibilities - Georgia

Title:Sections 61-62 of the Patent Law of 05/02/1999
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

61.-(1) The compulsory or official license can be granted for an invention, utility model. The compulsory or official license is granted under the decision of the Compulsory Licensing Committee at the Ministry of Economy of Georgia.

(2) The compulsory license may be only simple. It is granted at the request of any party concerned after four years from the date the patent was granted.

(3) The compulsory license necessary for public requirements is claimed, if within the above mentioned term an invention, utility model has not been used within the territory of Georgia, or whether they have been used insufficiently, also if their usage is impossible without infringing the earlier patent.

(4) The compulsory license can be issued only in the case, if prior to this the interested party tried to obtain the permission from the patent owner or his assignee on basis of reasonable conditions and term, but his efforts have not been successful.

(5) The official license is a kind of compulsory license and is granted only in case of demand from the State Bodies, if the necessity of a patent use for the national defense, humane health protection, or the economic interests of the country is proved. An official license is granted before expiration of the four years period stated in the paragraph (2) of this Article.

(6) The granting of the official license at the request of a patent owner can be postponed, under the condition that the patent owner shall take the responsibility to satisfy government and public requirements by his own production.

(7) The use of a patent on the basis of the official license can be conducted by the State, as well as the private person, which shall be named by the competent body demanding a license or Court.

(8) The decision on granting of the compulsory or official license sets spheres of its application, validity term, rights and duties of a licenser and licensee and the amount of remuneration.

62.-(1) The license shall be concluded in a written form. Upon agreement the contract shall be registered within no later than two months from the date of its conclusion.

(2) The substantial changes in the license, if there is a wish of the parties, can be registered at Sakpatenti regarding the established rule no later than a month after the amendments are made.

(3) The data of granted license and amendments are published in the Official Bulletin.

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