Content theft, copyright, trademark: what to do under Georgian law

What to do

1. Which right applies. Copyright arises upon creation, and registration is not required (Law of Georgia on Copyright and Related Rights, Art. 9). Photographs are protected works (Art. 6). Ideas, methods, concepts and facts are not protected (Art. 5). Check the exceptions: without consent, quotation is permitted to the extent justified by its purpose, with a mandatory indication of the author and the source (Art. 23). A trademark (Sakpatenti, Georgian National Intellectual Property Center) gives an exclusive right only from the date of registration (Law of Georgia on Trademarks, Art. 6).
2. Ownership: the author indicated on the work is considered the author until proven otherwise (Law on Copyright and Related Rights, Art. 10). Keep source files with metadata and the date of first publication. To document an infringement, take screenshots with the URL and date, use a notarial inspection, or the web archive.
3. Removal: send the hosting provider a written notice to remove or restrict access to the infringing content (Law on Copyright and Related Rights, Art. 59). The hosting provider is not liable if it removes the content within 24 hours (Art. 60¹). If the infringer objects, the rights holder must present, within 14 days, a court ruling securing the claim. Otherwise the content will be restored (Art. 60¹).
4. Claims: cessation of the infringement and seizure of the infringing copies. At the claimant's choice, damages, the infringer's profit, or a one-time compensation (Art. 59). Before going to court, a compensation demand may be made. The infringer may, within 2 weeks, pay more than 10% of the usual fee. Otherwise the court awards not less than ten times the usual fee (Art. 59). For a trademark: cessation, seizure of goods, and removal of materials bearing the sign from the internet. Damages, profit or compensation are available (Law of Georgia on Trademarks, Art. 45). Compensation is not less than the licence price (Art. 45). A court declares a bad-faith registration of another's sign invalid upon a third party's claim (Law of Georgia on Trademarks, Art. 28).
5. Where to apply: the infringer (demand letter), then the hosting provider or platform, then the district (city) court (claim and securing of the claim). Trademark registration: Sakpatenti (საქპატენტი).
6. Evidence: source files, licences, trademark certificate; recording of the infringement; licence prices and the infringer's profit.
7. Pitfalls: suing for compensation without a pre-trial demand; failing to secure the claim after an objection, which leads to the content being restored; “publicly available” does not mean it may be used; ideas and facts are not protected; an unregistered brand is not a trademark, so the logo should be protected by copyright.

Be sure to check

• which right applies (copyright without registration, trademark from registration) and how to prove ownership
• recording the infringement
• removal: notice to the hosting provider, its deadline, the objection, and securing of the claim
• money: damages, the infringer's profit or compensation; the pre-trial demand