Issue 10 (2018)

SOME JUSTICE AND LITIGATION PROBLEMS, CONNECTED WITH THE OBJECTS OF INTELLECTUAL PROPERTY LAW

Abstract: The article deals with the practice of intellectual disputes on the example of copyright objects and patents in Georgia. The circumstances that impede the execution of justice are shown and it is important underline how important the judges’ qualification and subjective conclusions based on objective data are when judging these areas. It is noted that the peculiarities of intellectual cases are so significant that the world is undertaken by creating special courts, which is effectively completed by economically powerful countries. In the rest of the countries the path is specialization of judicial collegiums. Georgia still thinks this issue is unacceptable. However, in the 90-s the specialization was introduced and intellectual disputes were examined by the Tbilisi Regional Court with the fi rst instance. The solution of this case was correct because the preparation of judges requires special theoretical basics. Otherwise we will not be able to improve the outcome that we have now taken when solutions often leave or feeling of lack the relevant qualifications to compile these issues or biased approach. The main goal of this article is to discuss and demonstrate that the fairness of justice is one of the most important in regard to intellectual property, because there does not exist property whish is more valuable property tahn intellectual property is and growth of disputes in this area is inevitable in the future.

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