---
title: "Intellectual Property Crime Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/intellectual-property-crime-defense-en"
field: "Criminal Law"
description: "Intellectual property crimes under Articles 189 and 196 of the Criminal Code of Georgia: penalties from a fine up to 5 years, thresholds and defense. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Intellectual Property Crime Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/intellectual-property-crime-defense-en

## Intellectual Property Offences – Which Articles Cover This Field

Criminal liability in the field of intellectual property is defined by two articles of the Criminal Code of Georgia: Article 189 – infringement of the right of the copyright and related-rights holder and of the database maker – and Article 196 – unlawful use of a trademark (service mark) or other commercial designation. The first protects the interests of authors and rights holders; the second protects the interests of the legitimate owners of trademarks and commercial designations.

In practice these two norms cover different situations. Article 189 concerns plagiarism – the appropriation of authorship or coercion to co-authorship – and the unauthorized reproduction of a work, phonogram, videogram or database, as well as the distribution of copies. Article 196 concerns the unlawful use of another's trademark or appellation of origin and the placing of marked goods into circulation. If a case has been opened against you under these articles, the sanctions of every part of both articles are set out separately below.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/intellectual-property-crime-defense-en

### Under which articles are intellectual property offences punished?

Under Article 189 of the Criminal Code of Georgia – infringement of copyright and related rights and of the database maker's right – and Article 196 – unlawful use of a trademark or other commercial designation.

### What penalty applies to plagiarism?

Appropriation of authorship of an object of copyright, or coercion to co-authorship, is punished under part 1 by a fine or corrective labor for up to two years. Where committed more than once – house arrest from six months to one year, or imprisonment for up to three years.

### When is income considered to be in a large amount?

Under the note to Article 189, an act is committed with the aim of income in a large amount where the value of the copies, or the income receivable in the case of lawful use, exceeds five thousand GEL; in a particularly large amount – where it exceeds ten thousand GEL.

### What penalty applies to the unlawful use of another's trademark?

Under part 1 – a fine, corrective labor for up to two years or imprisonment for the same term, where the act is committed in a large amount and caused significant damage. The false indication of a warning marking falls under part 2: a fine, community service from one hundred and twenty to one hundred and eighty hours, corrective labor for up to one year, or imprisonment from two to three years.

### What does a lawyer examine in such a case?

The correctness of the qualification, the absence of permission, the amount and aim of the income, the damage, and the part under which the case proceeds – this directly determines the expected penalty.