A rising volume of sales of counterfeit and pirate products has led to entry into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) between the member nations of the World Trade Organization (WTO) in 1994 the principal object whereof was to establish minimum standards for the regulation by national governments of different forms of intellectual property (IP).
The TRIPS agreement provides the application, to the nationals of other member nations, of the national treatment principle with the preservation of exceptions to the national treatment principle defined by the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations with the application of such exceptions in relation to judicial and administrative procedures of right protection being possible, however, only in the events that do not contravene the Agreement as well as when such actions operate as a hidden restriction of trade .
Provisions of the Agreement concerning civil law, administrative, and criminal procedures and remedies to protect intellectual property rights; provisional measures to protect rights; and special requirements for measures at borders are principally new. The judicial authorities shall have the authority to order to terminate the infringement of intellectual property rights through the prevention of goods imported with the infringement of intellectual property rights from being entered into commercial channels directly after customs clearance of such goods.
In Ukraine, customs authorities are involved actively in anti-piracy, customs authorities and police communicate to each other in the respect; criminal responsibility has been made stricter. The customs supervision system for counterfeit products has been implemented by national regulations.
Experts and counsels of our company may be your representatives when filing the respective applications and statements as well as may be persons duly authorized by you to deal with the matters associated with assistance in the protection of intellectual property rights and with those of the identification of goods in customs authorities; moreover, they will assist in the preparation and execution of requisite documents, will consult you on the preparation and submittal of such documents including on the request of customs authorities.