Product Counterfeiting and Falsification Defense
Product falsification and unlawful use of trademarks (counterfeiting) are criminal offenses in Georgia. This involves using another person''s trademark to label fake products or altering the product''s qualities (falsification). Often, entrepreneurs selling "copies" or "replicas" do not realize they are risking criminal liability. Legislation strictly protects intellectual property and consumer health. Liability is particularly severe if the falsified product (food, drink, medicine) has caused harm to human health.
Defense in these types of cases requires deep knowledge of intellectual property law and criminal law. Charges are often based on a complaint from the brand owner and an expert report. The lawyer''s role is to determine whether the seller knew about the fake origin of the product (intent), or if the product was actually falsified (confusion with "parallel import" is common). Qualified defense is essential to avoid confiscation of goods and imprisonment.
What Does Counterfeiting Defense Cover?
Specialists on Legal.ge offer services related to Articles 196 and 197 of the Criminal Code:
- Trademark Expertise: Determining how similar the disputed mark is to the original and whether it can mislead the consumer.
- Parallel Import Defense: Proving that the product is original but imported through alternative channels, which is legal in Georgia (if rights are exhausted).
- Lack of Intent: Presenting evidence that the accused purchased the product from a supplier in good faith and was unaware of its falsity.
- Challenging Damage Calculation: Reducing the amount of damages claimed by the brand owner.
Common Situations and Real-World Scenarios
Charges often relate to:
- Clothing and Accessories: Selling fake copies of famous brands (Nike, Gucci) in markets or online shops.
- Wine and Beverages: Bottling low-quality wine in branded bottles or forging labels.
- Electronics: Selling fake phones or accessories under the name of the original.
- Household Chemicals: Falsification of detergents, often produced in artisanal workshops.
Georgian Legislation and Legal Framework
Criminal liability is outlined in Articles 196 (Unlawful use of a trademark) and 197 (Falsification) of the Criminal Code. Falsification involves qualitatively changing a product for the purpose of deception. Article 196 concerns using someone else''s mark. In both cases, punishment can be a fine, community service, or imprisonment from 2 to 5 years (more in aggravating circumstances). The Law on Trademarks also applies.
Process: What to Expect When Working with a Specialist
Investigation often begins with a control purchase and seizure of goods. The lawyer will attend the search and seizure. Then expertise is appointed. The lawyer will work on a settlement with the brand representative (victim), which often leads to dropping the case or a lighter sentence. If the case involves falsification (altering qualities), determining whether the product was harmful to health is critical.
Why Choose Legal.ge?
Intellectual property crimes require specific knowledge. Legal.ge gives you access to lawyers who understand both criminal law and copyright. They will help you protect yourself from criminal prosecution and financial ruin. Find a specialist on Legal.ge.
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