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

ანოტაცია

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.