The legal and evidential questions
Company and Manager Product Liability. The first task is to separate product, consumer, IP, licensing and criminal issues. The statutory starting point shown on this page is Article 198 (Hazardous products). It may apply to manufacture, import or sale of products hazardous to life or health, or unlawful labelling; representative testing and supply-chain role are central.
Map the product batch, supply-chain responsibility, safety testing, complaints and recall decisions. Preserve board and management records showing who knew what, when, and which corrective action was authorised.
Regulatory non-compliance and crime are different
A product complaint, recall or labelling problem may engage regulatory, civil, IP and criminal routes. Composition, knowledge, supply-chain role, scale and harm must be tested separately.
Questions to answer first
Separate product, consumer, IP, licensing and criminal issues
Preserve representative samples and the complete supply chain
Identify manufacturer, importer, distributor, retailer and manager roles
Test composition, labelling, knowledge, quantity and alleged harm
Evidence that may matter
- Samples, batch and laboratory records
- Labels, packaging and marketing material
- Supplier, customs and distribution files
- Complaints, recalls and safety records
- Technical, medical and accounting expertise
Criminal Code articles to check
Hazardous products
May apply to manufacture, import or sale of products hazardous to life or health, or unlawful labelling; representative testing and supply-chain role are central.
Read full Article 198 text on this pageIllegal transportation or sale of forged goods
Requires proof that the goods were forged, that the accused transported or sold them and that the person knew their character.
Read full Article 197¹ text on this pageUnlawful use of a trade or service mark
Not every infringement is criminal: the protected right, accused use, repetition or substantial damage and each participant's knowledge must be assessed.
Read full Article 196 text on this pageRead the relevant Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
Article 198Manufacturing, import or sale of products hazardous to human life or health+
1. Manufacturing, import or sale of products hazardous to human life or health, or illegal usage of labels on such products, –
shall be punished by a fine or corrective labour for up to three years, by house arrest for a term of six months to two years, or by imprisonment for a term of three to five years.
2. The same act that has endangered human life or health, –
shall be punished by imprisonment for a term of five to eight years.
The same act that has caused human’s death or other grave consequences, –
shall be punished by imprisonment for a term of eight to twelve years.
The consolidated official source is listed in the source section at the end of this guide.
Article 197¹Illegal transportation or sale of forged goods+
Illegal transportation or sale knowingly of the forged goods, –
shall be punished by a fine or corrective labour for up to two years, house arrest for a term of six months to two years, or by imprisonment for up to two years.
The consolidated official source is listed in the source section at the end of this guide.
Article 196Unlawful use of trade (service) marks or other commercial designations+
1. Illegal manufacturing or use of another person’s trade (service) marks, designations of origin or geographical indications in large quantities, as well as production or introduction into civil circulation of goods illegally marked with another person’s trade (service) marks, designation of origin or geographical indications or with the registered brand name, which has resulted in considerable damage, –
shall be punished by a fine or corrective labour for up to two years or by imprisonment for the same term.
2. False indication of a warning mark along with a non-registered trade (service) mark, designation of origin or geographical indication, –
shall be punished by a fine or community service from 120 to 180 hours and/or by corrective labour for up to one year or by imprisonment for a term of two to three years.
3. The act provided for by paragraph 1 or 2 of this article which has been committed:
a) repeatedly;
b) by a person convicted for this kind of offence;
c) by a group of persons with the preliminary agreement, –
shall be punished by a fine or by imprisonment for a term of three to five years.
Note: The illegal manufacturing of another person’s trade (service) mark, designation of origin or geographical indication of goods is considered to be in large quantities if their total quantity is over 1 000, and an offence shall be deemed to have resulted in considerable damage if the cost of the goods manufactured or introduced into civil circulation and illegally marked with another person’s trade (service) marks, designation of origin, geographical indication or registered brand name exceeds GEL 5 000.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Criminal Code of Georgia↗︎Constitution of Georgia↗︎