The court system shall consist of: - district (city) courts; - regional courts; - the Supreme Court. See reply to questions 2 - 8 above
[Answer 2: All right holders may, in conformity with the rule under the Civil Procedure Code, assert intellectual property rights in court. Before the court a right holder may appear either in person or may be represented by an agent. Personal appearance of the right holder before the court is not mandatory.]
[Answer 3: The Third Chapter of the Civil Procedure Code regulates the production of evidence. According to Article 103 of the Code under the request of a party concerned the court is authorized to order production of evidence no matter in whose possession they are (among them in the possession of the opponent).]
[Answer 4: Under Article 9 of the Civil Procedure Code the court may, in order to protect confidential information, declare a session closed on the basis of a motivated application made by the party concerned.]
[Answer 5: Injunctions The court may secure an action upon request of a party, if the execution of the judgement would otherwise be obstructed or made impossible. The court shall review the application of securing an action on the day of application. For the purpose of securing an action the court may, inter alia, order a party to desist from performing certain transactions or proceedings, seize the moveable property of the defendant, etc. Damages, including recovery of profits, and expenses, including attorney’s fees The court is competent to order the infringer to compensate the right holder damages adequate to the injury the right holder has suffered because of an infringement of that person’s intellectual property right by an infringer who culpably engaged in an activity that caused the injury (damage). The damages include lost profits. Upon request of the party in whose favor a judgement was rendered, the court shall order the other party to disburse to the aforesaid party the necessary and justifiable litigation expenses, the attorney’s fees being understood thereunder. Destruction or other disposal of infringing goods and materials/implements for their production The Code of Civil Procedure does not regulate the disposal, or destruction, of goods and materials/implements for their production. The relevant measures are available within the specific laws regulating intellectual property relations and the Code of Administrative Violations. Any other remedies Apart from the requirements set forth in the acts regulating intellectual property, the party concerned may seek compensation for any damage suffered by him due to the defendant's actions only if he brings supporting evidences of the damage.]
[Answer 6: The Code of Civil Procedure does not authorise the judicial authorities to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the goods or services found to be infringing and of their channels of distribution.]
[Answer 7: Defendants wrongfully enjoined may rely upon the general legal grounds of indemnification. In case the defendant has suffered damages as a result of illegal activities of public authorities and/or officials in the course of their official duties, the damages will generally also be compensated according to the general regulations on indemnification and the Administrative Code.]
[Answer 8: According to Article 59 of the Civil Procedure Code, the courts dispose of the legal proceedings within two months after their receipt; if the case is especially difficult, within five months. According to the Civil Procedure Code the expenses of the proceedings involve the expenses of the proceedings and the expenses not related to the court. The expenses of the proceedings include the State duty (that shall not exceed 5000 Lari) and fees payable to witnesses, specialists, experts, interpreters, as well as the expenses carried by the State Treasury for examination on the spot, for search of the defendant, for judgment enforcement. The expenses not related to the court are the fees payable to the lawyer, expenses made for production of evidences and other expenses.]