IMPACT OF THE TRIPS AGREEMENT PROVISIONS ON BORDER MEASURES ON THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The relevance of the research topic is due to the importance of recognizing the need to strengthen border measures with respect to intellectual property rights at borders, especially with respect to counterfeit trademarks and pirated goods protected by copyright. This issue was also discussed during negotiations held within the framework of the World Trade Organization (WTO), which served as an impetus for the introduction of provisions on the procedure for border measures into the Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS Agreement). Such measures, especially taking into account the expansion and interconnectedness of the global market, have become the first step in protecting intellectual property rights and combating offenses in this area. Also, one of the conditions of the TRIPS agreement is the implementation of the "ex officio" principle. The purpose of the article is to consider the measures taken by the Republic of Kazakhstan to fulfill its obligations to protect intellectual property rights in accordance with the TRIPS agreement, especially with regard to border control measures. To achieve this goal, this agreement analyzes the provisions on border measures, as well as analyzes the application of the "ex–officio" principle by the customs authorities of the member states of the Eurasian Economic Union (EAEU) for the protection of intellectual property. When writing the article, such scientific methods as analysis, observation, clarification were used. The authors of the article used the works of domestic and foreign scientists who studied this area. At the end of the article, it was concluded that in the EAEU countries it is necessary to further strengthen the formation of common standards in the regulation of objects of intellectual property rights at the border.