Intellectual property infringement in Georgia is regulated by both the Civil and Criminal Codes. Criminal liability arises when the infringement of copyright or related rights (Article 189) or illegal use of a trademark (Article 196) occurs in large amounts or causes substantial damage. These crimes include the manufacture and distribution of pirated products (films, software, books), the sale of counterfeit branded goods (clothing, accessories, electronics), and industrial espionage. In recent years, the approach to digital piracy and counterfeit products has become stricter. Charges can be brought against both an individual and a company executive. The defense strategy is often based on challenging the amount of damage, as "large amount" is a prerequisite for criminal liability. It is also important to prove that the use was "fair use" or that there was no commercial purpose.
What does Intellectual Property Crime Defense service cover?
Lawyers specialized in IP law offer:
- Alternative calculation of damages: Challenging the amount of damage calculated by the rights holder, which is often crucial for the qualification of the case.
- Conducting expertise: Determining the similarity of trademarks or the originality of a copyrighted work (in plagiarism charges).
- Defense under Articles 189 and 196: Arguing that the act does not contain signs of a crime and should be resolved civilly.
- Negotiation with the rights holder: Settling the case and compensating damages in exchange for terminating criminal prosecution.
- Prevention of product confiscation: Substantiating that the seized goods are not counterfeit.
Common Situations and Scenarios
Charges are often related to:
- Counterfeit trading: Selling copies of branded clothes or accessories in a store or online.
- Digital piracy: Illegally uploading films or software to websites for commercial purposes.
- Unlicensed software: Using unlicensed Windows or other software on a large scale in a company office.
- Illegal use of marks: Using someone else's trademark on packaging to mislead consumers.
Georgian Legislation and Legal Framework
Articles 189 (Infringement of copyright) and 196 (Unlawful use of a trademark) of the Criminal Code provide for fines or imprisonment. The Law "On Copyright and Related Rights" and the Law "On Trademarks" are important. Sakpatenti is the main regulatory body. Criminal liability arises only if the damage caused exceeds the statutory limit. The lawyer's goal is to prove that the damage is not "large," thereby moving the case to the administrative or civil sphere.
Service Delivery Process
The lawyer studies the case materials, including protocols of "controlled purchases." Expertise is appointed to determine the originality of the products and the amount of damage. If the guilt is clear, the focus is on reconciliation with the rights holder, which often leads to case termination or diversion.
Why choose a specialist on Legal.ge?
Intellectual property law is a narrow specialization. On Legal.ge, you will find lawyers with experience in both IP disputes and criminal proceedings. They know how to protect your business from counterfeiting charges. Find an expert on our platform.
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