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May 21, 2020 EU Intellectual Property Network
Georgian IP Office now aligned with CP3, CP4 and CP5
The National Intellectual Property Center of Georgia (Sakpatenti) has published three Practice Papers: Distinctiveness - figurative marks containing descriptive/non-distinctive words, Scope of protection of black and white marks, and Likelihood of confusion (impact of non-distinctive/weak components) relative grounds of refusal.
The publication is the result of the joint collaboration between Sakpatenti and the EUIPO, within the framework of its international cooperation activities.
Sakpatenti is the first non-EU IP office to find common grounds with the criteria listed under the Common Communicationson the following three Common Practices (CP) — Distinctiveness - figurative marks containing descriptive/non-distinctive words (CP3); Scope of protection of black and white marks (CP4) and likelihood of confusion (impact of non-distinctive/weak components) relative grounds of refusal (CP5).
The practice papers provide a clear and comprehensive explanation of the principles on which the practices are based, which will be generally applied by Sakpatenti and the IP offices of the European Union Intellectual Property Network (EUIPN). They also aim to cover a majority of cases.
The main purpose of the publication of the practice papers is to increase transparency, legal certainty and predictability for the benefit of the users and examiners of the different IP offices, and is intended as a point of reference for these and any other interested parties.
The practice papers have been made available to the public in Georgian and English. They are divided into two parts; the first part summarises the criteria, while the second part provides a complete explanation of the specific criteria applicable in each case.
|Scope of Protection of Black and White Marks||შავ-თეთრი ნიშნების დაცვის ფარგლები|
This achievement has been made possible thanks to the collaborative work carried out by Sakpatenti and the EUIPO. The publication by Sakpatenti of the Practice Papers is the final result of this activity, within the EUIPO’s International Cooperation framework.
With a view to adding clarity to examination practices, Sakpatenti also published in March 2020 another Practice Paper concerning Graphic Representations of Designs, which is also available in Georgian and English.