The Trade-Related Intellectual Property Rights Agreement (TRIPS), which came into force in 1995, is the most comprehensive international agreement on intellectual property rights to date. The TRIPS agreement establishes an international framework of principles, rules and disciplines related to international trade in counterfeit goods and illicit products. It provides for border control measures in accordance with Article 51 and subsequently, and describes, among other things, the procedures for enforcing borders allowing a right holder to request customs measures in cases of suspected counterfeiting and counterfeiting. The European Union has also concluded partnership and cooperation agreements with a number of countries, including Russia and Ukraine, which cover customs cooperation and contain a mutual assistance protocol. It is possible to maintain existing bilateral agreements as long as they are not at odds with the Community`s competences and customs cooperation and mutual assistance agreements. The provisions of this agreement prevail over the provisions of a bilateral agreement on customs cooperation and mutual assistance that have been concluded or can be taken between the Member States and the contracting party, provided that the provisions of this agreement are incompatible with those provided by those agreements. Existing customs cooperation agreements also provide for the possibility for the EU and its trading partners to pay particular attention to the application of intellectual property at the border under free trade agreements. In the common interest of both parties, the application of intellectual property measures taken by their respective customs authorities will be strengthened beyond TRIPS standards (see below) and the basis for cooperation between these parties will be established. The parties also ensure that customs measures in this area are consistent with their obligations under WTO law. These agreements are part of the European Community`s customs cooperation strategy for third countries.
They focus on strengthening customs cooperation in order to ensure the correct implementation of the agreement and have discussed all issues arising from its implementation. B all issues related to the application of customs legislation in trade (classification of goods, problems of origin, etc.) or the future evolution of customs legislation (computerization); Changes to the customs code). It also serves as a forum for discussion and preparation of meetings with international organizations such as the WCO. This ambitious document reaffirms the main objectives of mutual cooperation and mutual assistance between the EU and China. For The policy of the European Community, cooperation between customs authorities at the international level is an important instrument to strike a balance between the necessary liberalisation of trade and the growing international trade with the world`s major trading partners.
