Trademark counterfeiting, or the unlawful use of a trademark, is a serious economic crime that threatens both business reputation and consumer rights and health. In Georgia, this act is criminalized under Article 196 of the Criminal Code. The crime involves using another person's trademark or other commercial designation on goods, packaging, during manufacturing, offering for sale, importing, or exporting without appropriate permission. The act is punished particularly severely if committed repeatedly or causes significant damage. Counterfeit products (fake brands) violate the principles of fair competition and inflict financial loss on the rights holder. For the accused, this means not only substantial fines and imprisonment but also the complete confiscation and destruction of goods. Qualified legal defense is essential to determine whether the illegal use of the mark actually took place and whether the act was intentional.
What does Trademark Counterfeiting Defense service cover?
Lawyers experienced in intellectual property law offer specialized defense:
- Conducting expertise: Determining the degree of similarity between trademarks. The lawyer works with patent attorneys to prove that the marks are not identical or confusingly similar.
- Parallel import defense: Proving that the imported products are original (even if imported by an unofficial distributor), which excludes criminal liability.
- Challenging damage amount: Critically analyzing the damage calculation presented by the rights holder to prevent the act from being qualified as a criminal offense.
- Negotiation with the brand owner: Settling the case amicably to terminate criminal prosecution in exchange for compensation for damages.
- Managing customs procedures: Using legal mechanisms to release or return goods detained at the border.
Common Situations and Scenarios
Charges are often related to the following circumstances:
- Selling fake clothing and accessories: Using branded marks (e.g., Nike, Gucci) on non-original products in retail outlets.
- Label falsification: Using a famous brand logo on local production to increase product value.
- Online trading: Selling counterfeit products via social networks where the consumer is misled regarding authenticity.
- Pharmaceutical counterfeiting: Falsifying drug packaging or names, which is a particularly serious crime.
Georgian Legislation and Legal Framework
The main regulatory norm is Article 196 of the Criminal Code. The Law "On Trademarks" also applies. Criminal liability arises if the unlawful use caused significant damage or was committed repeatedly. It is important to determine whether the person acted intentionally and knew about the fake origin of the products. The lawyer's strategy is often based on defending the position of a "good faith purchaser" or demonstrating visual differences between the marks.
Service Delivery Process
The lawyer gets involved in the case as soon as the investigation begins or goods are detained at customs. Commodity expertise is appointed. The lawyer negotiates with the representative of the rights holder (often large law firms). The goal is to transfer the case to a civil legal context and avoid criminal prosecution.
Why choose a specialist on Legal.ge?
Trademark counterfeiting cases require specific knowledge in intellectual property law. On Legal.ge, you will find lawyers who have experience interacting with both Sakpatenti and investigative bodies. Incorrect defense can lead to business destruction and imprisonment. Find qualified help on our platform.
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