A brand-partnership agreement — the deal of cooperation between a creator and a brand — does not exist in Georgian legislation as a distinct contract type. The statutory skeleton of this relationship grows out of the rules on sponsorship and ordinary contract law, and this should be said plainly: there is no special brand-partnership statute; what operates are the sponsorship provisions of the Advertising Law. This page explains that framework on the basis of articles thirteen, fifteen, twenty and twenty-one of the law.
When a Deal Qualifies as Sponsorship
Under article thirteen, sponsorship is the contribution by natural and legal persons to the activity of another natural or legal person — in the form of money, property, results of intellectual activity, the rendering of services, services rendered, the performance of work — on the condition that advertising of the goods produced by the sponsor is distributed. A sponsorship contribution is regarded as the value of the advertising, the sponsor as the advertising customer, and the sponsored party as the distributor of the advertising. A brand's deal with a creator, where the brand asks for mention of its product in exchange for compensation, falls precisely under this definition; and since the sponsorship contribution is regarded as the value of the advertising, its amount and form must be reflected in the agreement accordingly.
The sponsor has no right to interfere in the activity of the producer and the distributor of the advertising — this norm is the guarantee of the creator's creative independence. Nor does the right of sponsorship belong to a person whose product or activity may not be distributed under the law. Direct or indirect — that is, through another natural or legal person — sponsorship by manufacturers, importers and sellers of tobacco products, tobacco accessories or devices intended for tobacco consumption is prohibited. For a brand this is a categorical boundary: concealing the role of a prohibited sponsor through an intermediary cannot justify a breach of the law.
The Duty to Retain Materials
Article fifteen obliges every participant: the advertising customer, the producer and the distributor must keep the advertising materials or copies of them, including all subsequent changes, for 2 months from the day the advertising was last distributed, and where the material becomes disputed — until the dispute is resolved by the corresponding organs. For every participant in a campaign this means that the files of the content and the record of changes must be preserved for at least two months; the version history is precisely the evidence that supports each party's position in a dispute.
The Allocation of Responsibility
Article twenty determines who answers for which part: the advertising customer is liable for the content of the information submitted for the creation of the advertising, unless it is proven that the breach occurred due to the producer or the distributor. The producer is liable for the part concerning the design, production or preparation of the advertising, and the distributor — for the time, place or means of distribution. In the brand-creator relationship this allocation matters: the roles agreed in advance determine who answers for which breach.
Liability and Protected Rights
Under article twenty-one, advertising customers, producers and distributors bear liability for breaches of the advertising legislation in accordance with Georgian law. The fulfilment of the requirements established by the law is ensured by the relevant organ of the municipality or the public-law entity founded by a self-governing city, while liability for the non-fulfilment of the norms regulating broadcast advertising rests with the Georgian National Communications Commission. Persons whose rights and interests are violated by improper advertising may sue in court, in the established manner, for compensation for damage caused to health and property, to one's name, dignity and business reputation, and may demand the public refutation of the improper advertising.
The imposition of liability on the participants does not exempt them from the cessation of the breach and the execution of the decision on counter-advertising. The customer, the producer and the distributor may apply to the court with a statement for the full or partial annulment of the decision of the corresponding organ; the application itself does not suspend the execution of the decision unless the court has ruled on its suspension.
Frequently Asked Questions
Questions about brand deals most often concern the qualification of sponsorship, the retention of materials, the allocation of responsibility and the tobacco sponsorship ban.
When does a creator's deal become sponsorship?
When a brand contributes to the creator's activity in money, property or services on condition that advertising of its goods is distributed — such a deal is sponsorship, and the brand is the advertising customer.
May the brand interfere in the content?
The sponsor has no right to interfere in the activity of the producer and distributor of the advertising — the creator creates the content.
For how long are advertising materials kept?
For 2 months from the last distribution, including all changes; in a disputed case — until the dispute is resolved.
Who answers for which part of the campaign?
The customer — for the content of the submitted information; the producer — for design and production; the distributor — for the time, place and means of distribution.
May a tobacco brand sponsor a creator?
No — direct or indirect sponsorship by manufacturers, importers and sellers of tobacco products, accessories or related devices is prohibited.
How We Help on Legal.ge
The Legal.ge team works with creators and brands: we draft partnership agreements in compliance with the sponsorship rules, structure the retention of materials and demarcate responsibility among the participants.
If you are planning cooperation with a brand or have an advertising dispute, write to us on Legal.ge — we will assess the terms and protect your interests on a legal footing.