Legal regulation of border measures in relation to counterfeit goods in the Republic of Kazakhstan and the European Union

https://www.doi.org/10.32523/2791-0954-2025-16-4-71-84

Abstract

The study is devoted to the legal regulation of combating counterfeit goods in the Republic of Kazakhstan and the European Union in the context of international standards for the protection of intellectual property. The purpose of the research is to provide a comprehensive analysis of mechanisms for protecting the rights of rightholders when goods cross the customs border, as well as a comparative examination of national and supranational approaches to the application of customs control measures. The theoretical framework of the study is based on the TRIPS Agreement, the customs legislation of the EAEU and the Republic of Kazakhstan, EU Regulation No. 608/2013, as well as judicial practice and legal positions of competent authorities. The findings demonstrate that the legal model of the European Union is characterized by a high degree of integration and procedural uniformity, whereas the Republic of Kazakhstan applies a two-tier protection mechanism operating at both the supranational level (within the EAEU) and the national level. The conclusion substantiates the need for further digitalization of procedures, strengthening of the ex officio mechanism, and expansion of cross-border cooperation. The practical significance of the research lies in the possibility of using its results to improve the customs regulation system, unify law enforcement practice, and enhance the effectiveness of intellectual property rights protection in the context of growing cross-border trade.