RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/267/Add.1
5 July 2001
(01-3362)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Albania to the questions posed by Canada and Switzerland
Addendum
By means of a communication from the delegation of Albania dated 14 June 2001, the
Secretariat has received the following responses to the questions posed by Canada and Switzerland in
documents IP/C/W/261 and 263, respectively.
_______________
CANADA
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61 of the TRIPS Agreement andthroughout?
Article 83 of the "Law on industrial property" (1994) provides the right to the owner of a
trademark.  According to this article:
The owner of a registered mark shall have the right to prevent a third party from using,
without his authorization, in the course of trade, as a mark or as a trade name, an identical or similar
sign for goods or services which are identical or similar to those in respect of which the mark isregistered , where such use would result in a likelihood of confusion. Where the use relates to an
identical sign for identical goods or services , the likelihood of confusion shall be assumed.
The owner of a registered mark shall have the right to prevent a third party from using,
without authorization, in the course of trade as a ma rk or as a trade name, an identical or similar sign
for goods or services which are neither identical nor similar to those in respect of which the mark is
registered, where the mark has become highly reputed and the use is detrimental to the distinctive
character or reputation of the mark.
Notwithstanding paragraph (1) of this Article, the owner of the registered mark shall not have
the right referred to in that paragraph in respect of goods which have been put in the territory of the
Republic of Albania or in any other territory determined in an bilateral or multilateral agreement of
the Republic of Albania, by the owner of registered  mark, or with his consent, provided that neither
the goods nor the manner in which the mark is applied to the goods are altered.
The holder of a trademark which is considered to be well-known in the Republic of Albania,
even if it is not registered under this Law, shall have the right to prevent third parties from using in
commerce without his authorization, any sign which constitutes a reproduction, an imitation or a
translation of the trademark.  The concept of a well-known trademark shall be established by the
Patent and Trademark Office.IP/C/W/267/Add.1
Page 2
Right-holders of trademarks enjoy the option provided under articles 89 and 101 of the "Law
on industrial property" (1994) and articles 11 and 19 of the Law "Some changes and supplements on
the "Law on industrial property" (1999) in compliance with article 61 of the TRIPS Agreement.
According to these Articles:
The owner of the registered mark shall have th e right to institute proceedings in the Court
against any person who has infringed or is infringing his rights under the conditions of Article 83 of
the Law.  The owner shall have the same right against any person who has performed acts or is
performing acts which make it likely that such in fringement will occur imminent infringement.
If the owner of the registered mark proves that an infringement has been committed or is
being committed, the Court shall award compensation. In these compensations will be included the
profit of the person who has performed the infringe ment, the damage which has incurred the owner of
the mark except the one is included in the profit of the breaker and the expenses including the law
costs.  The Court shall grant an injunction to prevent further infringement and any other remedyprovided in the general law.
If the owner of the registered mark proves imminent infringement, the Court shall grant an
injunction to prevent further infringement and any other remedy provided in this Law and in the Code
of Civil Procedure.
In addition to the measures specified in the previous paragraphs, the Court may re-establish
the situation that existed before the infringement and to stop infringing actions, to proceed with an
effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be
used to manufacture the goods and the goods themselves in absence of possibility to remove anyillegally mark from such goods.
The judicial authorities shall have the authority to order prompt and effective provisional
measures :
- to prevent an infringement of any intellectual property right from occurring and in
particular to prevent the entry into channels of commerce in their jurisdiction of goods,including imported goods immediately after customs clearance;
- to preserve relevant evidence in regard to the alleged infringement.The new Article 89/3 of the Law on Industrial Property states :In addition to the measures specified in paragraph 2(a) of this Article, the Court may re-
establish the situation that existed before the infringement and to stop infringing actions, to proceed
with an effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that
could  be used to manufacture the goods and the goods themselves in absence of possibility to remove
any illegally mark from such goods.
Any natural or legal person who performs an ac t which he knows constitutes an infringement
of the patent, mark or design shall commit an offence and shall be punishable from the Court by a
fine between 20 000 and 100 000 "Lek" (Albanian currency).
Article 50 of Copyright Law as amended by the Law No. 8594 dated 6 April 2000 underlines
that the translation, adaptation, sound or visual recording, reproduction, the transmission of an artistic
work without the authorization of its author, which conflicts with the provisions of this law or the
international conventions ratified by the Republic of Albania, when the author's moral and economicIP/C/W/267/Add.1
Page 3
rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to
one year."
Whereas the Penal Code, as amended by the Law 7883 dated 24 January 2001, under
Articles 147-149 underlines fines and imprisonment by up to four years for misappropriation ofproperty through fraudulence by introducing, a work of art and culture as the original or by changing
the authenticity of the authorship; and fines and imprisonment by up to two years for partially or
completely plagiarizing somebody else's work or for unauthorized reproduction of somebody's work.
According to Article 82.4 of the Customs Code, the customs authorities upon request of the
holder of a trademark or patent of production or other neighbouring rights specified in the
Implementing Provisions of this Code, may prohibit their release in free circulation, the exportation,the re-exportation and their placing, under the suspensive procedure of the goods that are recognized
to be counterfeited or pirated goods, according to the procedure provided for in the Implementing
Provisions of this Code.
And the Implementing Provisions on Customs C ode, Article 120/1, states that the General
Directorate of Customs may suspend the release of the goods or seize the goods depending on the
situation.
The Code of Civil Procedure authorizes judges to order the payment of monetary damages
adequate to compensate for the injury done.  Article 68 of this Code states : "When a sum of money ora removable thing is requested the value is determined on the basis of the amount indicated or of the
value declared by the plaintiff.  In the absence of indication or of declaration, it is accepted that the
determination of the value is a competence of the court".
And any person has the right to claim compensation of costs and damages caused by the
infringer. Under Article 106 it is stated among others: "In its final decision, the court charges the party
whose lawsuit has been dropped, to pay the judicial expenses in conforming with article 102 of this
Code including, the payment for one advocate.
Article 67 of the Law on Competition authorizes courts to impose fines not less than 10.000
lek and not more than 200.000 lek to any person or company who does not respect business secrets.
2. What protection does your Copyright le gislation afford to “foreign works”?
Article 51 of the Copyright Law as changed by the Law No. 7564 dated 19 May 1992
stipulates that the provisions of this law shall apply not only to works the author of which has
Albanian citizenship or lives permanently in the Republic of Albania, regardless of the country wherethey were published for the first time, but also to works published for the first time in Albania or in a
country that is a member of an international Copyright treaty or convention to which Albania is also a
signatory as well as to works published for the first time in a country that is not a member of an
international Copyright treaty or convention, to which Albania is a signatory, when the works are
published simultaneously in the territory of this country and in the Republic of Albania or in anothercountry which is a signatory to the international Copyright treaty or convention.IP/C/W/267/Add.1
Page 4
SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Protection of geographical indications (appellation of origin) is provided by Articles 93 of the
"Law on industrial property" (1994) and Articles 13 and 14 of the Law "On some changes and
supplements on the "Law on industrial property"" (1999) as follows:
The appellation of origin is used to mark the natural, agricultural products, the industrial and
handicrafts products.
The appellations of origin protect :
(a) geographical names of products, whose distinctive properties are mainly due to the
location or region where they are produced, if such properties are a natural
consequence of either the climate or soil or of established manufacturing procedures
or processes;
(b) the name of a product which has become generally known through long term use in
the course of trade as an indication that the product originates from a certain location
or region.
Geographical names which have become generally, known through long - term use in the
course of trade as designations for certain kinds of products may not be protected by appellations oforigin.
The Patent Office shall grant the right to use the appellation of origin after obtaining the
expert opinion of the competent authorities, which must include :
(a) products which may be marked under that appellation of origin;
(b) locations or regions in which products marked under the appellation of origin
originate;
(c) production requirements a product must fulfill in order to be marked under the
appellation of origin ;
(d) the required marking of products and further detailed requirements for grant of the
right to use the appellations of origin.
An appellation of origin shall be established:
(a) by entering the geographical name and kind of product to which the name relates in
the register of appellations of origin ;
(b) on behalf of a foreign person, on the basis of an international agreement on reciprocal
protection of appellation of origin concluded by the Republic of Albania.
An appellation of origin is a collective right and may be used as such only by those who
produce or market the product for which an appellation of origin has been established.IP/C/W/267/Add.1
Page 5
Persons not authorized to use an appellation of origin may not use such appellation even they
add the words "type", "style", "fashion", "produced as" or similar words.
The protection of the appellation of origin shall be applicable against a geographical indication
which, although literally true as to the territory, region or locality in which the goods originate, falsely
represents to the public that the goods originate in another territory.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
According to Article 3 of the "Law on industrial property" (1994):
(1) In order to be patentable, an invention sh all be novel, shall involve an inventive step
and shall be industrially applicable.
(2) The following, in particular, shall not be regarded as inventions within the meaning of
paragraph (1):
(a) discoveries, scientific theories and mathematical methods;(b) aesthetic creations ;(c) schemes, rules and methods for performing mental acts, playing games or
doing business, and programs for computers;
(d) presentations of information.
(3) The provisions of paragraph (2) shall exclude patentability of the subject-matter or
activities referred to in that provision only to the extent to which a patent application
or patent relates to such subject-matter or activities as such.
(4) A patent shall not be granted in respect of an invention the publication or exploitation
of which would be contrary to public order or morality.
(5) No patents shall be granted for substances obtained through internal nuclear
transformations for military purposes.
(6) No patents shall be granted for inventions of surgical, diagnostic or therapeutical
methods practised on the human or animal body, as they shall be regarded as
inventions which are not susceptible of industrial application within the meaning of
paragraph (1).  This provision shall not apply to inventions relating to substances anddevices for use in any of these methods.
(7) No patents shall be granted in respect of plant or animal varieties or essentially
biological processes for the production of plants or animals this provision does not
apply to microbiological processes or the products thereof.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider impor tation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?IP/C/W/267/Add.1
Page 6
According to Article 27 of the 'Law on industrial property" (1994):
(1) Where the patent concerns a product, the owner of the patent shall have the right to
prevent third parties from performing, wit hout his authorization, the following acts:
(a) the making of a product incorporating the protected invention;(b) the offering or the putting on the market of a product incorporating the
protected invention, the using of such a product, or the importing or stocking
of such a product for such offering or putting on the market ;
(c) the inducing of other parties to perform any of the above acts.
(2) Where the patent concerns a process, the owner of the patent shall have the right to
prevent third parties from performing, wit hout his authorization, the following acts:
(a) the using of a process which is the subject matter of the patent;
(b) in respect of any product directly obtained by such process, any of the acts
referred to in paragraph (1)(b), even where a patent cannot be obtained for the
said product ;
(c) the inducing of other parties to perform any of the above acts.
(3) The owner of a patent shall have no right to prevent third parties from performing,
without his authorization, the acts referred to in paragraphs (1) and (2) in thefollowing circumstances:
(a) where the act concerns a product covered by the patent after it has been put
on the market by the owner of the patent , or with his express consent, in the
Republic of Albania or in any territory specified in the bilateral or
multilateral agreements which have been acceded to by Republic of Albania;
(b) where the act is done privately and for non-commercial purposes, provided
that it does not significantly prejudice the economic interests of the owner of
the patent ;
(c) where the act is done for purely experimental purposes or for scientific
research ;
(d) where the act consists of the extemporaneous preparation for individual
cases, in a pharmacy or by a medical doctor, of a medicine in accordance
with a medical prescription or acts concerning the medicine so prepared.
(4) A patent shall also confer on its owner the right to prevent third parties from
supplying or offering to supply a person, other than a party entitled to exploit the
patented invention, with means, relating to an element of that invention, for carrying
it out , when the third party knows, or it is obvious in the circumstances, that thosemeans are suitable and intended for carrying out that invention.  This provision shall
not apply when the means are staple commercial products and the circumstances of
the supply of such products do not constitute inducement to infringe the patent.IP/C/W/267/Add.1
Page 7
4. Does your legislation make the granting of a compulsory licence subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
The granting of compulsory licences is regulated under Articles 39 and 40 of the Law and
general provisions adopted by government (temporary) for granting a compulsory licence:
(1) On the request of any person who proves his ability to work the patented invention in
the Republic of Albania, made after the expiration of a period of four years from the
filing date of the application for the patent or three years from the grant of the patent,
whichever is later, the Patent Office may grant a non-exclusive, non-voluntary licence
if the patented invention is not worked or is insufficiently worked in the Republic of
Albania. The grant of the non-voluntary licence shall be subject to the payment ofequitable remuneration to the owner of the patent.
(2) A non-voluntary licence shall not be granted if the Patent Office is convinced that
circumstances exist which justify the non-working or insufficient working of the
patented invention in the Republic of Albania.
(3) In deciding whether to grant a non-voluntar y licence, the Patent Office shall give both
the owner of the patent and the person requesting the non-voluntary licence an
adequate opportunity to present arguments.
(4) Any non-voluntary licence shall be revoked when the circumstances which led to its
granting cease to exist, taking into account the legitimate interests of the patent owner
and of the licensee.  The continued existence of these circumstances shall be reviewed
upon request of the patent owner.
Where the national security or public safety so requires, the Prime-minister may authorize,
even without the agreement of the owner of the patent or of the applicant, by notice published in the
Official Journal, a government agency or a person designated in the said notice to make, use or sell an
invention to which a patent or a patent application for a patent relates, subject to payment of equitable
remuneration to the owner of the patent or the applicant.  The decision of the Prime-minister may be
the subject of an appeal to the Court.
1. An applicant for a compulsory licence shall be  required to prove that the requirements
for a compulsory licence have been complied with, and further that
a) the patentee was unwilling to grant a voluntary licence to exploit the patent
under appropriate conditions and within a reasonable period of time;
b) he is able to exploit the invention to the required extent.
2. The scope and duration of a compulsory licence shall be established by the court,
taking into account the purpose of the exploitation authorized by the compulsorylicence; a compulsory licence may be granted with or without limitation.  Unless
relinquished or cancelled, a compulsory licence shall have effect until expiration of
the term of validity fixed by the court or until the lapse of patent protection.
Compulsory licences shall be recorded in the Patent Register.
3. The patentee shall receive adequate compensation for the compulsory licence, which
shall be fixed, failing agreement between the parties, by the court.  The compensation
shall take into adequate account the economic value of the compulsory licence.  In
particular, it shall be commensurate with  the royalty the holder of the compulsory
licence would have paid on the basis of an exploitation contract concluded withIP/C/W/267/Add.1
Page 8
patentee, taking into account the licensing conditions in the technical field of the
invention.
4. The holder of a compulsory licence shall have the same rights as the patentee in
regard to the maintenance of the patent and exercise of the rights deriving fromprotection.
5. A compulsory licence may not be assigned or transferred to any other person.
Compulsory licences are non-exclusive and non-transferable, even in the form of sub-
licence, except with that part of the enterprise or goodwill which exploits such
licence.  The holder of the compulsory licence may not grant a licence of exploitation.
6. The holder of a compulsory licence may relinquish his compulsory licence at any
time. If the holder does not begin exploitation within one year from the definitive
grant of the compulsory licence, the patentee may claim modification or cancellation
of the compulsory licence.
7. The patentee may request modification or cancellation of a compulsory licence if the
circumstances on which it was based cease to exist and are unlikely to occur again.
Modification or cancellation shall take a form that does not prejudice the legitimate
interests of the holder of the compulsory licence.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
Our law provides for such a principle in its Articles 41-42:
(1) Subject to this Law, the performance of any act referred to in Article 27.1, 27.2 and
27.4 in Albania by a person other than the owner of the patent, and without the
consent of the latter, in relation to a product or process falling within the scope of
protection of the patent shall constitute an infringement of the patent.
(2) Subject to this Law, the performance of any, act referred to in Article 27.1, 27.2 and
27.4 in Albania by a person other than the applicant, and without the consent of theapplicant, in relation to a product or process falling within the scope of provisional
protection conferred on a published patent application under Article 20.3 shall
constitute an infringement of that provisional protection.
(1) The owner of a patent and the applicant fo r a patent shall have the right to institute
proceedings in the Court against any person who has infringed or is infringing the
patent or the provisional protection conferred on a published patent application.  The
owner of the patent and the applicant shall have the same rights against any person
who has performed acts or is performing acts which make it likely that such
infringement will occur imminent infringement").  The proceedings may not beinstituted after five years from the act of infringement.
(2)(a) If the owner of the patent proves that an infringement has been committed or is being
committed, the Court shall award damages and shall grant an injunction to prevent
further infringement and any other remedy provided in the general law.
(b) If the owner of the patent proves immi nent infringement, the Court shall grant an
injunction to prevent infringement and any other remedy provided in the general law.IP/C/W/267/Add.1
Page 9
(3)(a) Unless the licence contract provides otherwise, any licensee may request the owner of
the patent to institute Court proceeding s for any infringement indicated by the
licensee, who must specify, the relief desired.
(b) Such licensee may, if he proves that the owner of the patent received the request but
refuses or fails to institute the proceedings within three months from the receipt of the
request, institute the proceedings in his own name, after notifying the owner of the
patent of his intention.  The owner of the patent shall have the right to join in the
proceedings.
(c) Even before the end of the three-month period referred to in subparagraph (3)(b), the
Court shall, on the request of the licensee, grant an appropriate injunction to preventinfringement or to prohibit its continuation, if the licensee proves that immediate
action is necessary to avoid substantial damage.
(4) Where the subject matter of the patent is a process for obtaining a product, the burden
of establishing that a product was not made by the process shall be on the allegedinfringer if either of the following conditions is fulfilled:
(a) the product is new, or,
(b) a substantial likelihood exists that the product was made by the process and
the owner of the patent has been unable through reasonable efforts to
determine the process actually used.
Articles 12, 14 and 17 of Civil Procedure Code provide also the principle of burden of proof
in a process patent litigation.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the first applicant, when applying subsequently for marketauthorisation for his own product.  Does your legisl ation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
Protection of undisclosed test or other data submitted by an applicant in the procedure for
market authorisation of an pharmaceutical is pr ovided under the "Regulation of the Commission for
the Verification of Manufacturing Conditions on Pharmaceutical" point 12 and under the Regulation
"On a supplement and a change on the regulation No. 393 dated 20 January 1998 - On the
Registration of Drugs in the Republic of Albania" point 2.  In both of them it is defined that this
information is confidential and, after the verification by the Commission, the documentation isdeposited in the National Center of Drugs Control together with a copy of the marketing
authorisation and is exclusive property of the Albanian authorities.  The time period during which
Albania protects data submitted to obtain marketing approval for pharmaceuticals is not defined
(normally, it can't be less than the period of the working of the factory or the validity of the
marketing authorisation).  Each pharmaceutical company submits the dossier for any drugs to getmarketing authorisation along with the bioequivalent study, when required.  All this information is
protected and other applicants or third persons are not allowed to consult it.  The legislation does not
provide for exceptions to this.IP/C/W/267/Add.1
Page 10
Concerning agriculture chemical products, data submitted by companies in order to obtain
marketing authorisation are protected by the Decision of the Council of Ministers No. 72 dated 15
February 2001 "On the Approval of the regulation of Plant Protection Products".  In Article 6 of this
regulation it is defined the protection of data is ensured upon request of the applicant and no time
limit is foreseen for this.
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
According to the "Law on indust rial property" (1994) (articles 83, 89 and 101) and Article 19
of the Law "Some changes and supplements on the "Law on industrial property"" (1999) constituteeffective deterrents to infringement of industrial property rights.
The owner of the registered mark shall have th e right to institute proceedings in the Court
against any person who has infringed or is infringing his rights under the conditions of Article 83 of
the Law.  The owner shall have the same right against any person who has performed acts or isperforming acts which make it likely that such in fringement will occur (" imminent infringement")
If the owner of the registered mark proves that an infringement has been committed or is
being committed, the Court shall award compensation.  In these compensations will be included the
profit of the person who has performed the infringe ment, the damage which has incurred the owner of
the mark except the one is included in the profit of the breaker and the expenses including the law
costs.  The Court shall grant an injunction to prevent further infringement and any other remedy
provided in the general law.
If the owner of the registered mark proves imminent infringement, the Court shall grant an
injunction to prevent further infringement and any other remedy provided in this Law and in the Code
of Civil Procedure.
In addition to the measures specified in the previous paragraphs, the Court may re-establish
the situation that existed before the infringement and to stop infringing actions, to proceed with an
effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be
used to manufacture the goods and the goods themselves in absence of possibility to remove anyillegally mark from such goods.
The judicial authorities shall have the authority to order prompt and effective provisional
measures:
- to prevent an infringement of any intellectual property right from occurring, and in
particular to prevent the entry into channels of commerce in their jurisdiction of goods,
including imported goods immediately after customs clearance;
- to preserve relevant evidence in regard to the alleged infringement.
The new Article 89/3 of the Law on Industrial Property states : In addition to the measures
specified in paragraph 2(a) of this Article, the Co urt may re-establish the situation that existed before
the infringement and to stop infringing actions, to proceed with an effective seizure of the goods and,
when necessary, to destroy illegally used marks, tools that could be used to manufacture the goodsand the goods themselves in absence of possibility to remove any illegally mark from such goods.IP/C/W/267/Add.1
Page 11
Any natural or legal person who performs an ac t which he knows constitutes an infringement
of the patent, mark or design shall commit an offence and shall be punishable from the Court by a fine
between 20 000 and 100 000 "Lek" (Albanian currency).
The Penal Code, as amended by the Law 7883 dated 24 January 2001, under Article 288/a
states shows up that the unlawful production and distribution on commercial scale of industrial and
nutritive articles and goods constitutes a criminal infringement and is punishable with fine or
imprisonment up to 2 years.  This offence, when committed in collaboration with other persons, more
than once, or when it has caused serious consequences, is punishable with imprisonment from 3 to 10
years.
Article 50 of Copyright Law as amended by the Law No. 8594 dated  6 April 2000 underlines
that the translation, adaptation, sound or visual recording, reproduction, the transmission of an artistic
work without the authorization of its author, which conflicts with the provisions of this law or the
international conventions ratified by the Republic of Albania, when the author's moral and economic
rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to
one year."
Whereas the Penal Code, as amended by the Law 7883 dated 24 January 2001, under
Articles 147 - 149 underlines fines and imprisonment by up to four years for misappropriation of
property through fraudulence by introducing a work of art and culture as the original or by changing
the authenticity of the authorship; and fines and imprisonment by up to two years for partially orcompletely plagiarizing somebody else's work or for unauthorized reproduction of somebody's work.
According to Article 82.4 of the Customs Code,. the customs authorities upon request of the
holder of a trademark or patent of production or other neighbouring rights specified in the
Implementing Provisions of this Code, may prohibit their release in free circulation, the exportation,the re-exportation and their placing under the suspensive procedure of the goods that are recognized to
be counterfeited or pirated goods, according to the procedure provided for in the Implementing
Provisions of this Code.
And, the Implementing Provisions on Customs C ode, Article 120/1, states that the General
Directorate of Customs may suspend the release of the goods or seize the goods depending on the
situation.
The Code of Civil Procedure authorizes judges to order the payment of monetary damages
adequate to compensate for the injury done.  Article 68 of this Code states : "When a sum of money
or a removable thing is requested the value is determined on the basis of the amount indicated or of
the value declared by the plaintiff. In the absence of indication or of declaration, it is accepted thatthe determination of the value is a competence of the court".  And, any person has the right to claim
compensation of costs and damages caused by the infringer.  Under Article 106 it is stated among
others : "In its final decision, the court charges the party whose lawsuit has been dropped, to pay the
judicial expenses in conformity with article 102 of this Code including the payment for one
advocate.".
Article 67 of the Law on Competition authorizes courts to impose fines not less than 10.000
lek and not more than 200.000 lek to any person or company who does not respect business secrets.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
According to Article 348 of the Code Civil Proce dure, all the cases of the infringement of the
industrial property rights will be tried by the commer cial section of the District Court of Tirana.  InIP/C/W/267/Add.1
Page 12
respect of this several seminars and training of judges and prosecutors are being planned in
cooperation with WIPO and EPO.
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