ORBELIANI LAW REVIEW

The Concurrence of Legal Remedies in Cases of Unauthorized Use of Trademarks: A Georgian Legal Perspective

Salome Koberidze — 2026-06-01

The aim of the article is to examine a practical issue concerning the concurrence of legal remedies in cases of unauthorized use of trademarks. The main objective of this research is to determine the circumstances under which the competition law and intellectual property law of Georgia intersect, and to identify the statutory remedies established by the relevant legislation addressing unfair practices, and to analyze instances of legal-procedural remedies concurrence.
The protection of trademarks is recognized as part of the broader framework for preventing unlawful competitive practices. The concept of “unfair competition” is expressly defined in the Law of Georgia on Competition. Even though the same concept is not literally found in the Law of Georgia on Trademarks, the concept of unfair practices is nevertheless implied and governed by it.
Furthermore, the Paris Convention for the Protection of Industrial Property, which is considered part of intellectual property law, explicitly defines unfair competition. As the concept of unfair competition is implied in both competition law and intellectual property law, the intersection between the two is evident.
In Georgia, the enforcement of claims related to the unauthorized use of trademarks often involves administrative bodies in resolving disputes between private parties, and the scope of available legal remedies is notably broad. The article examines and identifies the interaction of competition law and intellectual law, and the concurrence of legal protection mechanisms deriving
from this interaction.

Divergent Paths to a Shared Goal: Comparative Legislative Responses to Account Suspension on Digital Labour Platforms

Yun-Hao Hsin — 2026-06-01

With the widespread use of algorithmic management in the platform economy, account suspension has emerged as a core issue affecting working conditions. This article analyses the differing legislative responses adopted by the European Union and Taiwan to address this challenge. The EU approaches this issue from a “data protection” perspective, conceptualizing algorithmic decision-making as a dual issue of working conditions and personal data protection. It clarifies the underlying facts of automated decision-making through mandatory algorithmic transparency obligations to resolve disputes. In contrast, whilst Taiwan has not directly regulated algorithms, it has developed a unique “contractual regulation” approach. Through mandatory contractual
terms formulated by administrative authorities, any unilaterally drafted terms contradicting these mandatory terms are rendered void. Moreover, Taiwan’s new law requires the establishment of an appeal procedure and reverses the burden of proof, requiring platform operators to prove the legitimacy of account suspensions. Although the EU and Taiwan differ in their legislative
approaches, both seek to alleviate information asymmetry between platform operators and platform workers, and to ensure procedural fairness in account suspension decisions.

Challenges for Legislation Related to Political Transformation and European Integration

Jakub Stelina — 2026-06-01

The aim of the article is to identify the reasons for the declining quality of legislation in Poland since 1989. The focus is not on the substance of regulations, which reflect the political choices of lawmakers, but rather on an assessment of law from the perspective of its formulation and legislative correctness. The current state of Polish law is found to be unsatisfactory, even when compared
to legislation enacted during the period of so-called real socialism, that is, under a non-democratic regime. How can this paradox be explained? According to the author, it is partly a consequence of the inherent characteristics of democratic systems, in which law plays a far greater role in regulating social relations than in autocratic systems. The principle of legalism precludes governance by arbitrary or discretionary acts, while the logic of the post-1989 political system frequently necessitates rapid, often imperfect changes to legal regulations. Although law embodies certain autonomous values, its instrumental use has not been entirely avoidable.
These circumstances, of course, do not excuse legislators from enacting poor-quality law; however, they undeniably create challenges that did not exist under the previous system. The flawed model for implementing secondary European Union law is also worth noting, as it contributes to further inconsistencies within the national legal system.

The Institution of Proxy Voting in Polish Electoral Law: A Guarantee of Universal Suffrage or a Threat to Election Integrity?

Agata Pyrzyńska — 2026-06-01

The aim of the article is to analyze the institution of proxy voting in Polish electoral law and to determine whether it serves as a mechanism that effectively guarantees the exercise of active voting rights or whether it instead creates opportunities for potential irregularities. There is no doubt that, due to its nature, proxy voting is more controversial than other alternative voting
methods, such as postal voting. This paper seeks to answer whether, in Polish electoral law, proxy voting broadly facilitates and strengthens the principle of universal suffrage, or whether it poses a risk to the integrity of elections.
For this analysis, I applied the method of legal interpretation to examine the provisions governing proxy voting and reviewed the relevant literature.
Where necessary, I also referred to the institution of proxy voting in other legal systems, and considered European standards set out in the Code of Good Practice in Electoral Matters.

Artificial Intelligence and the Legal Superposition Concept

Giorgi Chikviladze — 2026-06-01

The article analyzes two main approaches to determining the legal status of artificial intelligence. The first treats artificial intelligence as an object of law, while the second relies on the legal fiction of recognizing it as a partial legal subject. The analysis demonstrates that both approaches are inadequate: the objective model fails to address the challenges posed by artificial intelligence’s
autonomous actions, whereas the subjective model risks violating the fundamental principles of the legal system. The research is based on comparative legal and functionalist methods and includes an analysis of both international and Georgian legal practice. The paper proposes a superpositional legal concept, according to which the status of artificial intelligence should be determined dynamically, in the context of a specific legal relationship. This approach combines the elements of the object of
law and the functionally limited subject, creating a hybrid model that ensures the flexibility and consistency of the legal system. In addition, it is emphasized that the effective integration of artificial intelligence requires not only formal subjectivity but also the development of mechanisms for materially ensuring accountability.
The research concludes that the legal regulation of artificial intelligence should be based on a functional, context-dependent approach that preserves the anthropocentric foundations of law while addressing the challenges posed by modern technological development. The presented model can be used as both a theoretical and practical tool for determining the legal status of artificial intelligence, particularly in jurisdictions where the regulatory framework is still in the process of formation, including that of Georgia.

Standard for Assessing Lawyers’ Professional Obligations by the PDPS in Requests for Information Containing Personal Data

Tamar Khubuluri — 2026-06-01

Lawyers bear the professional obligation to ensure the legality of data processing in the course of their practice. The rules established by the Law of Georgia on Personal Data Protection and, consequently, the supervisory powers of the Personal Data Protection Service (PDPS), extend to the processing of data, including legal practice. According to the PDPS’s practice, when a supervisory authority examines the lawfulness of data processing, the applicable legislation obliges the lawyer to provide the PDPS with the requested information. Noncompliance, including failing to submit information or documentation to the PDPS, is considered a breach of law and the duty to inform the PDPS. Such breaches are classified as administrative offenses and lead to administrative liability for the lawyer.
Since lawyers represent a self-regulated profession bearing professional responsibility, this article examines the conflict between the lawyer’s obligation to uphold professional standards and to fulfill requests from the PDPS. The conflict is examined against the background of the practice of personal data protection and the Ethics Commission of the Georgian Bar Association.
Particular attention is given to assessing the arguments on which the Personal Data Protection Service bases its view that being fully informed does not violate the professional obligations of lawyers. The study focuses on three aspects in particular: the extent of the PDPS’s assessment of client protection by lawful means; the relationship between the PDPS’s request for information and the protection of lawyers’ professional secrecy; and the limits of the supervisory authority's general powers.
This analysis will evaluate the standard used by the PDPS for assessing lawyers’ professional obligations regarding personal data requests. It develops recommendations to assist the PDPS in its study of lawyers’ conduct. The focus is on ensuring compliance with lawyers’ professional standards.

Security and Mediation in Prisons: A Case Study of Poland in the Context of Selected European Solutions

Ewa Jakubiak — 2026-06-01

Security is one of the most fundamental needs of individuals, societies and states. To be secure means to be free and secure from potential or actual threats. There are many ways to achieve and maintain an acceptable level of security, and these vary depending on available resources and the specific security environment. One such environment is prison. The realities of incarceration require a particular approach to the protection of life and health, the maintenance of order, and the development of appropriate relationships
between staff and prisoners, while simultaneously ensuring the security of society as a whole.
The aim of the article is to present the issue of mediation in prison settings, with particular emphasis on Poland as a developed case study, and to outline selected solutions implemented in other European countries: Belgium and Latvia. In pursuing this objective, several research methods were employed, including the dogmatic-legal method, content analysis, and the analysis of
legal acts and relevant documents.

International Law on Missing Persons: Normative Foundations and Contemporary Significance

Saba Pipia — 2026-06-01

The article examines the emergence of a new field of international law: missing persons law, comprising a body of binding and non-binding norms, and a sophisticated governance architecture involving diverse actors and institutions. It argues that, while the problem of missing persons remains acutely relevant in today’s turbulent world, contemporary developments in international law
support identifying missing persons law as a distinct field at the global level. The article further makes the case for consolidating an international law of missing persons as a separate branch of international law, and contends that future norm development should be informed by critical approaches, including Third World Approaches to International Law (TWAIL), and feminist legal theory.