EMERGING

EMERGING MARKETS:
A Review of Business and Legal Issues
Table 1. Comparative table of types of preventive measures according to Agreement of
TRIPS, CCP and ECP of Ukraine
No
Types of preventive measures
As to article 50 of Agreements
of TRIPS 1
As to article 133 of CCP of
Ukraine
1 Actions directed on keeping of Obtaining on demand and (or)
proofs (obtaining of proofs on review of proofs, including on
demand )
their location
2 Actions which prevent
Interrogation of witness
appearance of violation,
including administrative
measures (stopping of custom
procedures)
As to article 432 of ECP of
Ukraine
Obtaining of proofs on demand
Imposition of arrest on property
which belongs to the person or is
in his possession or in other
people’s possession to whom the
preventive measures have been
used.
3 Setting of examination Inspection of rooms in which
actions related to violation of
rights take place;
4 Other ways of proofs provision
Experience of foreign countries in relation to practical application of temporary
measures in accordance with Agreement TRIPS is interesting for the awareness of essence of
preventive measures and peculiarities of their application.
For example, in Great Britain there exists famous practical application of decision in
case of Anton Piller [13, p. 719] (warrant of Anton Piller), according to which search and
confiscation of proofs in the apartment of a probable violator is possible according to the
court decision , however in other countries such a measure is sometimes considered too
difficult 2 .
A decision in the case of the company Doorstep is considered effective for application
[14, p. 252], by which way enquiries can be sent for the receipt of documents and objects
without a right to get into the apartment.
Another measure, known as a decision on freezing or decision in the case of company
Mareva [15, p. 509], is used to block bank accounts and other assets of the defendant, until the
1 Agreement of TRIPS does not list any specific procedural actions , it only specifies the criteria these actions are
to meet.
2 Analoguous to English Anton Piller warrant French legislation has the institute of proofs provision (saisiecontrefaçon).
Page 106 Volume 1, April 2009