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Counterfeit Defense

Can a foreign director be held criminally liable for counterfeit goods?

Yes, criminal liability in Georgia is personal. If a company is involved in selling counterfeit goods, the director (even a foreign citizen) can be charged under Article 197 if it is proven they directed the activity or were negligent in their duties. Ignorance of local laws is not a defense, but proving lack of intent is crucial for the defense strategy.

What distinguishes "parallel imports" from counterfeit goods?

Parallel import involves genuine, original goods imported without the official manufacturer's consent. This is generally legal in Georgia (international exhaustion of rights). Counterfeit goods are fakes or substandard products presented as original. We ensure that the investigation does not confuse legitimate gray market imports with criminal falsification.

What are the potential penalties for falsification?

Penalties vary based on the scale and damage caused. They range from fines and community service to imprisonment for up to 5-7 years in aggravated cases (e.g., large scale, organized group, or harm to health). Immediate legal intervention aims to downgrade the charges or secure a non-custodial sentence via a plea bargain.

How can I protect my business reputation during the investigation?

News of a counterfeit investigation can destroy a brand. We work to ensure confidentiality during the preliminary investigation and manage communications. Strategically, resolving the issue quickly via settlement or proving lack of intent before the case goes to public trial helps minimize reputational damage.

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Falsification and the sale of counterfeit products are serious economic crimes in Georgia, regulated by Article 197 of the Criminal Code. This article imposes liability for the manufacture, transportation, or sale of products if their quality or other characteristics do not comply with established standards or the data indicated on the packaging. Charges of falsification can be brought against manufacturers, importers, and distributors alike. Given the severity of the charges, which can lead to fines, corrective labor, or imprisonment, qualified legal defense is essential from the very beginning of the investigation. Legal.ge offers access to criminal law specialists who will protect your rights and business reputation.

What Counterfeit Defense Services Cover

Lawyers listed on Legal.ge provide full legal assistance at all stages of the criminal case:

  • Rapid Legal Consultation: Initial analysis of case materials, checking the validity of the charges, and developing a defense strategy.
  • Representation During Investigation: Participating in investigative actions (interrogations, searches, seizures) to ensure the procedural rights of the accused are protected.
  • Alternative Expertise: Commissioning independent expertise to determine the actual composition and quality of the product, to challenge the state expert's conclusion.
  • Plea Bargain Negotiations: Negotiating with the Prosecutor's Office to conclude a plea agreement, which may involve a reduced sentence or probation.
  • Court Defense: Presenting evidence, cross-examining witnesses, and providing active defense during court hearings to achieve an acquittal.
  • Defense Against Civil Claims: Often, parallel to the criminal case, the victim (e.g., brand owner) claims damages. The lawyer protects your interests in this aspect as well.

Practical Examples and Scenarios

Counterfeit charges can arise in various business situations:

  • Labeling Errors: A wine company marketed products where the grape variety on the label did not match the bottle contents. Even if a technological error, the investigation may treat this as falsification.
  • Importer Liability: A distributor bought a batch from a foreign supplier that turned out to be counterfeit (e.g., detergent). The distributor is accused of selling fake goods, even if they were unaware.
  • Illegal Trademark Use: A small factory produces clothes with a famous brand logo. This act can be qualified as a criminal offense (illegal use of trademark or falsification) if the product deceives the consumer.
  • Relabeling Expired Products: A supermarket manager is accused of changing dates on expired products and selling them.

Georgian Legal Framework

The main regulator in falsification cases is the Criminal Code of Georgia, specifically Article 197 (Falsification) and Article 196 (Illegal Use of Trademark). Also important is the Criminal Procedure Code of Georgia, which defines the rights of the accused and rules for obtaining evidence. Product quality and safety standards are regulated by the Code on Food/Feed Safety, Veterinary and Plant Protection and other technical regulations. The defense strategy often relies on proving that the accused did not have the intent to commit the crime (subjective element).

The Process: How a Defense Lawyer Works

Effective defense requires immediate reaction:

  1. Engagement: The lawyer enters the case at the very first stage (e.g., upon entry of the financial police).
  2. Review of Materials: The expert conclusion upon which the charge is based is studied in detail.
  3. Witness Interviews: The defense conducts its own investigation, interviewing employees and technologists.
  4. Strategy Selection: Deciding with the client whether to go to trial (if the charge is baseless) or negotiate a plea bargain.

Why Legal.ge?

A charge of falsification threatens not only freedom but also the future of the business. Legal.ge gives you access to lawyers with years of experience in economic crimes. Find your defender on Legal.ge to avoid severe legal consequences.

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