Before the reorganisation, the company should prepare a complete inventory of its registered intellectual property rights and pending applications. The inventory should include registration and application numbers, rights holders, territorial coverage, terms, renewal dates, licences and existing encumbrances. In a change of legal form, the same company generally remains the rights holder, but its name and legal form may need to be updated in the Sakpatenti register. In a merger or demerger, the intellectual property rights should be assigned to the intended successor in accordance with the reorganisation plan. The legal transfer and register amendment should be evidenced by the reorganisation documents and a current extract from the company register. Pending trademark, patent or design applications must also be continued under the correct company details. A reorganisation does not suspend deadlines for fees, renewals or responses in ongoing intellectual property proceedings. Licence agreements, pledges and other third-party rights should be checked for notification, consent and correct identification of the new holder requirements. Internationally registered rights or rights protected abroad may require additional amendments in the relevant registers. After completion, the Sakpatenti records, internal intellectual property lists and contractual documents should be checked for consistency.
Continuity of Business Intellectual Property Rights After a Company Reorganisation in Georgia
A company’s trademarks, patents and designs in Georgia generally remain in force after a reorganisation, but they must be clearly assigned to the continuing or successor rights holder. Changes to the holder’s name or identity must be recorded in the relevant intellectual property registers.
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