IP crime & counterfeit goods

Intellectual Property Crime & Counterfeit Goods

Intellectual-property and counterfeit cases in Georgia: distinguish civil, customs and criminal routes; preserve registrations, samples and supply-chain evidence.

English legal guideTbilisi · Georgia-wide

Short answer

Counterfeit and IP criminal cases require proof of the protected right, the accused goods or content, commercial conduct, knowledge and scale, supported by reliable comparison and supply-chain evidence.

Discuss this issue →

Start with your actual position

Compare the protected right with the accused material

Criminal-law guidance for alleged trademark misuse, counterfeit goods and packaging, copyright piracy, falsified products, border detention and cross-border brand-enforcement cases in Georgia.

Labels, packaging, software, media and imported goods can raise trademark, copyright, customs, document and consumer issues together. Preserve genuine exemplars, the questioned material and the complete acquisition or distribution chain.

Control right, comparison, source and knowledge

Separate criminal allegations from civil infringement and customs procedures

Identify the protected right, accused conduct, knowledge, quantity and alleged damage

Preserve authentic comparison material, samples and supply-chain records

Distinguish manufacturer, importer, distributor, retailer, platform and brand-owner roles

Legal route map

Counterfeit goods can trigger several distinct procedures

The same shipment, shop, warehouse or online listing may create trademark, customs, civil, consumer-safety and criminal questions. The correct response begins by identifying the protected right and the exact legal route—not by treating the word “counterfeit” as a concluded criminal finding.

Criminal route

Article 196 addresses specified unlawful use or manufacture of another person's trademark or related designation and goods illegally marked and introduced into civil circulation. The current provision contains scale or damage elements and aggravated forms.

Border route

Georgia's border-measures law allows defined customs action concerning suspected counterfeit or pirated goods. Suspension, inspection, release or destruction procedures do not by themselves establish criminal guilt.

Civil and administrative routes

A right holder may have injunction, damages, removal, regulatory or other remedies even when criminal elements are absent. Each route has its own standing, proof and deadlines.

Article 196 is not a catch-all for every IP dispute.

Its elements must be proved under the current Criminal Code. A civil infringement, customs suspension or brand-owner assertion may be important evidence, but none is automatically a conviction. Conversely, the absence of a criminal case does not eliminate other remedies.

Six questions that organise the case

Protected right

Confirm the Georgian registration or other legally protected right, the owner or licensee, relevant goods or services and territorial scope.

Object and conduct

Identify the goods, packaging, labels, digital files or commercial designation and the alleged manufacture, use, import, storage, supply or sale.

Scale and damage

Article 196 currently treats illegal manufacture as large where the total exceeds 1,000 units and considerable damage where the cost of illegally marked goods manufactured or put into civil circulation exceeds GEL 5,000. The current consolidated text and valuation method must be checked.

Knowledge and role

Separate the positions of manufacturer, importer, distributor, retailer, marketplace account holder, employee and company management. Possession or job title alone does not answer every element.

Authenticity and chain of custody

Use reliable genuine comparators, representative samples, photographs and technical features. Record seizure, seals, transfers, storage and testing so an authenticity opinion can be evaluated.

Parallel product issues

Falsified composition, dangerous products, false documents, tax or customs markings and copyright piracy may engage different provisions; they should not be described automatically as trademark counterfeiting.

For international brands

Foreign ownership, international reputation and cross-border supply chains may be highly relevant, but Georgian proceedings still require proof of the right protected in Georgia, reliable authentication, the domestic conduct alleged and the role of each participant. Overseas brand-protection material should be translated, sourced and capable of being tested.

Georgian Criminal Code — explained

IP allegations across creation, import and sale

Article 196

Unlawful 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 guide →Article 197¹

Illegal 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 guide →Article 362

Making, sale or use of a forged official document

The original document, method of alteration, intended use, knowledge and the role of the person who made or used it require separate proof.

Read full guide →Article 214

Breach of rules for moving goods across the customs border

The declaration, goods, route, value, knowledge and criminal threshold must be distinguished from an administrative customs breach.

Read full guide →Article 189

Encroachment upon copyright, related rights or database rights

Copyright and related-rights offences have their own protected-right, conduct and income tests and should not be treated as trademark counterfeiting.

Read full guide →Article 198

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 guide →

Complete topic directory

Need advice on this issue?

Discuss the facts, documents and next decision.

Use the urgent route for detention, searches, questioning or time-critical international matters. Standard and corporate enquiries can be scheduled separately.

Urgent assistance →Request consultation