   
  
WT/REG440/2/Rev.1  
 
15 November  2023 
(23-7678) Page: 1/3 
Committee on Regional Trade Agreements  Original: English  
 
  
STRATEGIC PARTNERSHIP AND COOPERATION AGREEMENT  
BETWEEN THE UNITED KINGDOM AND GEORGIA  
(GOODS AND SERVICES)  
QUESTIONS AND REPLIES  
Revision  
 The following communication , dated 14 November 2023, is being circulated at the request of 
the delegations of  the United Kingdom and Georgia . 
 
_______________  
 
 
Questions from Canada  
Denial of benefits  
1.1.  Paragraph 4.2 of the RTA on Denial of benefits refers to:  
 "… a real and continuous link with the economy, of at least on of the Parties."  
 
 Do the Parties (UK, Georgia) utilize any specific criteria to measure this  "real and 
continuous link "? 
 
Joint response from the Parties  
 
 The approach to Denial of benefits in the UK -Georgia Agreement is the same as that taken in 
the EU -Georgia Association A greement, in that the definition of 'juridical person of a Party' is the 
same in both agreements. More generally, agreements that the UK has transitioned since leaving 
the EU replicate, as far as possible, the effects of previous EU agreements.  
 
Electronic  commerce  
 
1.2.  Paragraph 5.39 of the RTA refers to:  
 "information society service providers"  
 
 Could the Parties (UK, Georgia) explain what GATS service sectors and subsectors 
are covered by this concept?  
 
Joint response from the Parties  
 
 The agreement does not define 'information society service providers' by GATS service sectors 
and subsectors. This term should be interpreted in light of the respective parties' domestic legislation 
and the applicable context.  
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  Question from Japan  
General  Provisions of the Agreement  
 
Intellectual property rights  
 
1.3.  Paragraph 5.32: With respect to the enforcement of IPR , Article 183(b) stipulates 
that "Each Party shall recognise as persons entitled to seek application of the measures, 
procedures and remedies referred to in this Section and in Part III of the TRIPS 
Agreement:…(b) all other persons authorised to use those rights, in particular licencees, 
in so far as permitted by and in accordance with the provisions of the applicable law;".  
 We would like to know what is the requirement for licensees entitled to seek 
application of the measures, procedures and remedies and  what are the elements required 
to be fulfilled under the national laws and regulations of each of the United Kingdom and 
Georgia.  
 
Joint r esponse from the Parties  
 
 According to Article 183 of the Strategic Partnership and Cooperation Agreement between th e 
United Kingdom of Great Britain and Northern Ireland and Georgia, Each Party shall recognize as 
persons entitled to seek application of the measures, procedures and remedies referred to in this 
Section and in Part III of the TRIPS Agreement:  
 
 (b) all o ther persons authorized to use those rights, in particular licensees, in so far as 
permitted by and in accordance with the provisions of the applicable law;  
 
 The above -mentioned requirements of the Agreement are defined by the national legislation 
of eac h country as follows:  
 
Georgia  
 
 Article 26(7),  (8) and (9) of the Trademark Law of Georgia  stipulates the following 
requirements:  
 
• The fact of conclusion of a license agreement for a trademark shall be registered at 
"Sakpatenti " and the relevant informat ion shall be published in the Bulletin upon payment 
of the prescribed fee.  
 
• In the case of infringement of the trademark rights the licensee shall bring an action only 
with the consent of the trademark holder.  
 
• The licensee is entitled, with a view to compensation for the damages caused to him/her, to 
engage in the court proceedings for infringement of the trademark rights.  
 
 Article 32(7) and (8) of the Law of Georgia on Design  stipulate the following requireme nts:  
 
• A private license holder has a right to file an appeal to the court on infringement of the right 
deriving from the design registration, unless the design holder files an appeal within a 
reasonable time from the receipt of a notification on infringement of the rights.  
 
• A private license agreement and its amendments may be recorded in the Register.  
 
 The requirements according to Article 59(7) and (8) of the  Patent Law of Georgia  are as 
follows:  
 
• A private license holder is entitled to file an appeal to the court concerning the infringement 
of the rights deriving from the patent , unless the patent owner files an appeal on his/her 
own accord within the reasonable term after the receipt of the notification on such an 
infringement.  
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  • A private license agreement a nd its amendments may be recorded in the  Register.  
 
 According to the Law of Georgia on Copyright and Related Rights  Articles 37, 38 and 39 and 
40(5) and (6):  
 
ARTICLE 37. EXCLUSIVE LICENSE:  
 
• Under an exclusive license agreement, the author or other owne r of copyright shall grant 
the exclusive right to use a work in a definite form and within the scope defined by the 
agreement solely to the licensee and shall entitle the licensee to prohibit such use of the 
work by other persons (including the author).  
 
• The author is entitled to exercise the right to prohibit other parties from using the work, if 
the licensee fails to exercise the protection of that right.  
 
ARTICLE 38: NON -EXCLUSIVE LICENSE  
 
• Under a non -exclusive license agreement, the author or other o wner of copyright shall permit 
the licensee to use the work on an equal basis with the persons who have received the right 
to use the work in a similar way.  
 
• The right transferred by a copyright agreement shall be considered as a non -exclusive right, 
unless the agreement provides otherwise.  
 
ARTICLE 39: USE OF A WORK AFTER GRANTING OF AN EXCLUSIVE LICENSE:  
 
• Even in the case of granting of an exclusive license , the author shall retain the right to use 
a work only upon publication of a complete collection of his/her works, provided that 5 years 
have passed from the date when, as a result of the grant of the exclusive license, the work 
became available to the pub lic by means of publication or making public. At the same time, 
the author shall not be authorized to use this work independently from the complete 
collection.  
 
ARTICLE 40: LICENSE AGREEMENT:  
 
• If the license agreement does not state the territory on which it has effect, it shall have 
effect on the territory of Georgia.  
 
• The rights granted under a license agreement may be fully or partially transferred to other 
persons, if the agreement directly provides for it.  
 
__________  