RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/ALB/36
30 March 1999
(99-1291)
Working Party on the
Accession of AlbaniaOriginal:  English
ACCESSION OF ALBANIA
Memorandum on Conformity of Trade–Related Aspects of
Intellectual Property Rights (TRIPS) With the WTO
The Ministry of Economic Co-operation and Trade of the Republic of Albania has submitted
the following Memorandum on Conformity of Trade- Related Aspects of Intellectual Property Rights
(TRIPS) with  the WTO, with the request that it be circulated to members of the Working Party.
_______________
Implementation of the WTO Agreement on Trade-Re lated Aspects of Intellectual Property Rights
(TRIPS)
TRIPS Agreement A LBANIA
General Obligations Albania is a member of the Convention Establishing
the World Intellectual Property Organisation, the ParisConvention for the Protection of Industrial Property,the Berne Convention for the Protection of Literaryand Artistic Works, the Madrid Agreement
Concerning the International Registration of Marks,
and the Patent Co-operation Treaty, ExtensionAgreement between EPO and Albanian Patent Office
Compliance with Articles 1 through 12 and Article 19of the Paris Convention for the Protection of IndustrialProperty in respect of Parts II, III, and IV of theTRIPS Agreement.  TRIPS Article 2.Albania is a Member of the Paris Union.
Under Paris, Article 1(2), industrial property has as its
object patents, utility models, industrial designs,
trademarks, service marks, trade names, indications of
source or appellations of origin, and the repression ofunfair competition.Article 1 of Albania’s Law on Industrial Property
identifies as objects of the Law
- patents for inventions and utility models
- trademarks and service marks- industrial designs- appellations of originWT/ACC/ALB/36
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TRIPS Agreement A LBANIA
In  Paris, Article 1(3), industrial property applies not
only to industry and commerce proper, but toagricultural and extractive industries and to allmanufactured or natural products, e.g., wines, grain,tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.Albanian Law on Industrial Property does not  exclude
the protection for agricultural and extractive industriesand all manufactured or natural products, e.g., wines,grain, tobacco leaf, fruit, cattle, minerals, mineralwaters, beer, flowers and flour.
Under Paris, Article 2, nationals of Members are to
enjoy in other Members the advantages that their
respective laws grant to nationals, and shall have thesame protection and the same legal remedy againstany infringement of their rights if they conform to theconditions and formalities imposed upon theMember's nationals.The Albanian intellectual property law provides
national treatment, except that foreign nationals must
be represented before the Patent office by an Albanianpatent and trademark agent, a practice authorised byparagraph 2 of Article 3 of the TRIPS Agreement.
Article 2(2) of the Law on Industrial Property
provides national treatment for legal and natural
persons that are foreign nationals either on the basis of
international treaties and conventions to whichAlbania is a Party or on the basis of reciprocity.
Paris, Article 3, requires that nationals of non-membercountries domiciled or that have real and effectiveindustrial or commercial establishments in a Membercountry be treated as nationals of a Member country.A new paragraph added in Article 100 (International
Agreements) of Albanian Law on Industrial Property,is in accordance with Article 3 of Paris Convention.
Under Paris, Article 4, a right of priority must begiven an applicant for a patent, for registration of a
utility model, an industrial design, or of a trademark
who has filed the equivalent of a regular nationalfiling under the domestic legislation of a Membercountry.  The periods of priority are to be 12 monthsfor patents and utility models, and 6 months for
industrial designs and trademarks.  The Article
discusses the technical details of granting priority indepth.Article 18 of the Law on Industrial Property provides
for a right of priority as required by the Paris
Convention.
Article 4bis states that patents obtained for the same
invention in various members of the Paris Union areindependent of each other.A new paragraph, paragraph 3,added in Article 100
(International Agreements) of Albanian Law onIndustrial Property, addresses the independent statusof patents claiming the same invention in variouscountries of Paris Union. The same is provided
concerning European Patents.
Article 4ter requires that inventors have the right to be
named as such in the patent.Article 10 of the Law on Industrial Property requires
that the inventor be named in the patent for hisinvention unless the inventor files a declaration withthe Patent Office asking not to be so named.
Under Article 4quater restrictions or limitations on thesale of a patented product or a product produced by apatented process cannot be the grounds for refusing a
patent or invalidating one already issued.There does not appear to be anything in the Law on
Industrial Property that would permit a patent to berefused or invalidated based upon restrictions or
limitations on the sale of a patented product or a
product produced by a patented process.
Under Article 5(A)(1), importation of a patentedproduct manufactured in a Paris Union country cannotbe the basis of forfeiture of the patent.There does not appear to be anything in the Law on
Industrial Property that would permit a patent to beforfeited based upon the fact that the patented productis imported.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Article 5(A)(2) and (3) authorise countries to use
compulsory licensing as a means to prevent abuses,such as the failure to work, but they may not forfeit apatent unless the grant of a compulsory licence wouldnot be sufficient to prevent the abuse.  Proceedings forforfeiture or revocation cannot be institute until two
years after the grant of the first compulsory licence.Article 39 of the Law on Industrial Property authorises
the grant of a compulsory licence for non-working orinsufficient working after a period of the greater offour years from the filing date or three years fromgrant of the patent, so long as the Patent Office is notconvinced that circumstances justifying the non-
working or insufficient working exist.
Article 40 authorises the Minister to authorise a
government agency or a person to make, use, or sell apatented invention or one for which an application forpatent has been filed where the national security orpublic safety so require.  The patentee is to be paid
equitable remuneration and the Minister's decision is
appealable.
Article 5(A)(4) prohibits application for a compulsorylicence for failure to work until four years have passedsince the application was filed or three years from dateof grant and no compulsory licence is to be granted ifthe patentee justifies the failure to work.  Licences are
to be non-exclusive, and may not be transferred except
with the enterprise or goodwill that exploits thelicence.Article 39 of the Law on Industrial Property authorises
the grant of a compulsory licence for non-working orinsufficient working after a period of the greater offour years from the filing date or three years fromgrant of the patent, so long as the Patent Office is not
convinced that circumstances justifying the non-
working or insufficient working exist.  The new article39/1 provides the conditions for such a compulsorylicence.
Article 5(B) prohibits forfeiture of industrial designsfor failure to work or for importing articlescorresponding to those that are protected.There does not appear to be anything in the Law on
Industrial Property that would authorise forfeiture ofan industrial design for failure to work or for
importing products protected.
Article 58 prohibits cancellation of a mark for
unjustified non-use before a reasonable period of timehas passed and permits the proprietor to use differingelements that do not diminish the distinctive characterof a mark without invalidating the registration ordiminishing the protection granted the mark.
Concurrent use of the mark by co-proprietors is
permitted so long as the public is not mislead.Article 92 of the Law on Industrial Property authorises
revocation of a registration of a trademark only after aperiod of five years of unjustified non-use.  A markmay not be revoked if, during the period, there hasbeen use by a licensee under a contract recorded in theregister of marks; use of the mark in a modified form
that does not alter its distinctive character; or use of
the mark in publicity and business correspondence.
Under Article 5(D), protection of patents, registeredtrademarks, and industrial designs cannot beconditioned on any marking requirement.The Law on Industrial Property does not condition
protection for industrial property on any marking.
Article 5bis requires that a grace period of at least sixmonths be provided for the payment of maintenancefees for industrial property, but a surcharge ispermissible.  Countries are authorised to restore
patents that lapsed for non-payment of fees.Article 28(3) of the Law on Industrial Property
provides for a six month grace period for patentmaintenance fees to be paid, with a supplementary feefor the delay.  The new paragraph, paragraph 1, of
Article 86 of Albanian law on Industrial Property
establish a grace period of 6 months after theexpiration date for renewing a trademark, on paymentof an additional fee.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Article 5ter prohibits a Paris Member from treating as
an infringement the use of patented devices aboard avessel, aircraft, of land vehicle temporarily oraccidentally in the territory or the Member.Article 31 of the Law on Industrial Property states that
the rights under the patent shall not extended to theuse the patented invention of any foreign vessel,aircraft or land vehicle which temporarily oraccidentally enters the waters , airspace or land ofAlbania, provided that the patented invention is used
exclusively for the needs of the vessel or in the
construction or operation of the aircraft, spacecraft orland vehicle.
Article 5quater requires that process patent ownershave all the rights against an imported productproduced by the patent process that they would havewith respect to products manufactured at home.Article 27(2)(b) of the Law on Industrial Property
gives the patent owner the right to prevent the offeringor putting on the market of a product directly obtainedfrom the patented process, the using of such product,
or the importing or stocking of such product for
offering or putting the product on the market.
Article 5quinquies requires that Paris Members protectindustrial designs.Part II of the Law on Industrial Property provides for
protection of industrial designs and Article 2(1) statesthat such protection shall not exclude any other rightsprovided for in the law, in particular, rights based onthe Law of Copyright.
Article 6 makes the conditions for filing andregistration of trademarks subject to domestic
legislation but also makes filing and registration
independent of those in other countries, including thecountry of origin.The Law  does not appear to contain any provision
that so specifies.
Article 6bis requires parties, ex officio if legallypossible or at the request of an interested party, torefuse to register or, for a period of at least 5 years, tocancel the registration of a trademark confusingly
similar to a well-known mark.  No time limit is placed
on a mark used in bad faith.Article 76(2)(b) provides that a sign shall not be
protected if it is a well-known mark within themeaning of Article 6bis. Albanian Patent Office takesinto account the information gathered by consumers,
national offices, International Bureau for Registration
of International Trademarks and Alicante Office.
Article 6ter requires Members to refuse to register orto invalidate the registration that includes, withoutauthorisation, armorial bearings, flags, state emblems,official signs and hallmarks, etc.  An exception isprovided for owners of rights acquired in good faith
before the Convention entered into force for that
country.Article 75 prohibits registration as a mark or as an
element of a mark, state names (complete orabbreviated); state emblems; official hallmarksadopted by states; abbreviations and emblems ofintergovernmental organisations; and religious
symbols.
Article 6quater makes the assignment of a mark valid
if the portion of the business or goodwill of thebusiness together with the exclusive right tomanufacture and sell the goods bearing the mark arealso transferred.Article 85 of the Law on Industrial Property provides
only for the recordation procedure but does notimpose limitations on the ability to assign a mark. Anew Article added in the Chapter “Transfer andlicensing of marks” allows rights in a mark to be
transferred with or without the transfer of the
business.  If the contract transferring the rights is notregistered, the transfer has no effect.
Article 6quinquies requires that trademarks dulyregistered in a Member be accepted for filing in otherMembers, with certain reservations, and establishesthe conditions under which a trademark may be denied
registration or may be invalidated.Article 78(5) of the Law on Industrial Property
provides for priority filing dates.  The provisions ofArticles 73-77 appear to comply with Paris Article6quinquies.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Article 6sexies states that Paris Members undertake to
protect service marks without being required toprovide for their registration.Part III of the Law on Industrial Property provides for
protection of both trademarks and service marks.
Article 6septies requires that trademark owners beable to oppose or request cancellation of a registrationof their trademarks applied for by their agent orrepresentative without their authorisation unless the
agent or representative justifies his action.Article 91 provides for invalidation of a mark if there
are earlier rights, which, under Article 76(2)(a) wouldinclude the rights of a trademark owner which will beregistered by that trademark owner.
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle to
the registration of the trademark.  (Duplicate languageis in TRIPS Article 15 .4.)Nothing in Articles 74, 75, or 76 of the Law on
Industrial Property, which provide the basis for refusal
of registration would authorise refusal based on thenature of the goods to which the trademark applies.
Article 7bis requires that Members permit registrationof collective marks belonging to associations theexistence of which is not contrary to the law of thecountry of origin, even where the association is not
established in the country where protection is being
sought.Article 73 of the Law on Industrial Property authorises
registration of collective marks used to designate thegoods or services of  an industrial or commercial co-operative or an association or like organisation of
several enterprises.
Article 8 requires that trade names be protected by
Members without the necessity of registration,whether or not the names are part of a trademark.Trade names are protected without necessity of filing
and registration, being in the Albanian Trade Register,after licensing for certain business or commercialactivity.
Article 9 requires seizure on importation or exclusionor goods bearing a trademark or trade name withoutauthorisation, unless a country's laws provide for
neither remedy, in which case domestic actions and
remedies must be available.Under draft Dispositions of Applicability, 119/1
constitutes that “the right holders of the intellectualproperty right as the owner of a trademark, production
licence or other rights specified in acts of applicability
of Customs Code, may lodge application to theGeneral Customs Directorate, upon which, customsauthorities may suspend the release of goods into freecirculation, exportation, re-exportation and placed
under specific suspending procedure or a procedure of
economic impact of the counterfeit or pirated goods”.
Article 10 applies the obligation of Article 9 to thedirect or indirect use of false indications of source ofgoods, or false indication of the producer,manufacturer, or merchant of such goods.Under draft Dispositions of Applicability of the
Customs Code, Article 120/1 it is stated that “wherecustoms authorities are satisfied after consulting theapplicant where necessary, that goods or part of thegoods  correspond to the description of the counterfeit
or pirated goods contained in the decision of the
General Customs Directorate, they suspend the releaseof the goods or provide for the seizure of the goodsdepending on the situation”.
Article 10bis requires Members to provide protectionagainst unfair competition, including against acts thatcreate confusion of various kinds about the goods oractivities of a competitor, that consist of false
allegations about a competitor, or that are apt to
mislead the public regarding a competitor's goods.The Albanian Law On Competition includes a number
of articles that deal with the regulation of competition(articles 24 -26) or with prevention of illegal actionsin competition with the purpose of gaining advantages
(articles 37 - 42).WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
According to point 3 of Article 10 bis of the Paris
Convention, the Albanian law on Competitionforesees the prevention of the actions that intent tocreate confusion (article 43 and 27.1 and 27.3); theprevention of the false allegations that intent todiscredit the competitor (articles 42,30.2 and 27.1) and
the prevention of false declarations that create a wrong
image about the characteristics of the goods of thecompetitor. (article 27.2, 5 and 6)
Article 10ter requires that Members undertake toassure to foreign nationals effective legal remedies torepress actions referred to in Articles 9, 10 and 10bis,and to allow federations and associations representing
foreign businesses, on the basis of reciprocity, to take
action in court and before administrative authorities torepress such acts.Under draft Dispositions of Applicability, Art. 120/5
“Customs have the authority to suspend upon theirown initiative the release into free circulation of thegoods which represents prima facie evidence that an
intellectual property right has been infringed. In these
cases the customs authorities can at any time seekfrom right holder any information which could assistthem in establishing intellectual’s propertyinfringement.
Article 11 requires that temporary protection,consistent with domestic legislation, be afforded to
patentable inventions, utility models, industrial
designs and trademarks in respect of goods exhibitedat official or officially recognised internationalexhibitions held in their territory.The Law  on Industrial Property provides such
temporary protection for patentable inventions related
to goods exhibited at official or officially recognised
international exhibitions held in their territory (a newarticle 10/1 is added in the chapter II of the Law).
Article 64 of the Law provides for temporary
protection on industrial designs in such circumstances.
Article 79 of the Law provides for temporary
protection for trademarks in such circumstances.
Article 12 requires Members to establish industrial
property offices for patents, utility models, industrialdesigns and trademarks for the communication to thepublic through publication of a periodic journal of thenames of patent owners with a brief designation oftheir inventions, and the reproduction of trademarks.The Patent Office of the Republic of Albania is
created in Part IV of the Law on Industrial Propertyand given responsibility for implementing theprovisions of the Law on Industrial Property.  Patentapplications for inventions and utility models arepublished after 18 months under Article 18 and
granted patents are published under Article 21(5).
Article 66(2) provides for the publication of industrialdesigns.  Article 83(3) provides for the publication ofregistered trademarks.
Article 19 authorises Members to enter into separateand special industrial property agreements amongthemselves, so long as those agreements do not
contravene the provisions of Paris.Albania has signed the Extension  Agreement with
European Patent Office;
Albania is preparing to sign  bilateral agreements with
different countries in the field of intellectual property
in accordance with Paris Convention
National treatment, with exceptions allowed in theParis, Berne and Rome Conventions. Article 3.The Albanian intellectual property law provides
national treatment, except that foreign nationals mustbe represented before the Patent office by an Albanianpatent and trademark agent.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Article 2(2) of the Law on Industrial Property
provides national treatment for legal and naturalpersons that are foreign nationals either on the basis ofinternational treaties and conventions to whichAlbania is a Party or on the basis of reciprocity.
Most favoured nation treatment, with enumeratedexceptions. Article 4.Albania will provide most favoured nation treatment
Copyright and Neighbouring Rights Law on Copyright
Compliance with Articles 1 through 21 of the Berne
Convention with the exception of Article 6bis. Article
9.1.Albania is a Party to the Berne Union.
Article 2 defines literary and artistic works as every
production in the literary, scientific and artistic
domain whatever may be the mode or form of itsexpression, giving examples.  Limitations related tospeeches are provided in Article 2bis.Albanian Law on Copyright (hereinafter referred to as
ALCP) protects the literary, artistic, public and other
works, including any original intellectual creation  ofthis nature, regardless of their form of expression as a)written works including computer programs; b)lectures, speeches, preachments and orally expressed
works; c) musical works, with or without
accompanying text; d) theatrical works and musicaltheatrical works; e) choreographic works andpantomimes; f) works of fine arts including drawings,pictures, sculptures, carvings and lithography; g)architectonic works; h) photographic works; j) works
of the applied arts; k) illustrations, maps, plans,
outlines and three-dimensional works in the fields ofgeography, topography, architecture and science; l)audio-visual works;
The protection does not depend on the manner andform of expression, quality or aim of the work.
Article 3 requires that protection be provided to theworks of authors who are nationals of Berne Unionmembers and to works of nationals of non-Union
countries if those works are published in a Union
member simultaneously with publication in the non-Union country.ALCP - under Section X General Provisions Article
51 provides for the protection of unpublished works orworks published for the first time in a foreign country
from authors with foreign citizenship and with
permanent living in a foreign country, in the caseswhen the country where the author lives, or when thecountry where the works are published for the firsttime offers the same protecting measures for the
authors with Albanian citizenship or living in Albania
for their unpublished works or published for the firsttime in Albania. The protection is provided on thebasis of reciprocity of international conventions towhich Albania is a party.
Article 4 requires that protection be providedcinematographic works not falling under Article 3 ifthe maker has a headquarters or habitual residence in a
Union member and to works of architecture or artistic
works incorporated into a building or structure in aUnion member.ALCP – under Section I Article 1 provides protection
for g) architecture works h) audio-visual woks; whileunder Section X Article 51 confirms that “This act is
also applicable to) works which will be protected in
Albania in accordance with the internationalconventions in which Albania is a party.WT/ACC/ALB/36
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Article 5 requires that authors enjoy the rights
required by Berne and any other rights a countryprovides works on a national treatment basis withoutbeing subject to any formalities.ALCP under Article 51 provides protection for works
which are published for the first time in Albania,independently from the citizenship or the residence ofthe authors;  works which shall be protected inAlbania in accordance with the internationalconventions which Albania is a party.
Article 7 requires that the term of protection for
copyright be 50 years following the death of the
author.  Special terms are authorised forcinematographic works, anonymous or pseudonymousworks, photographic works and works of applied art.Moral rights of a work are protected forever and the
economic rights are protected – under Article 17 of
the ALCP- during the whole author’s life and seventy(70) years after his death. Article 18 protects thecopyright of an anonymous or nicknamed work isprotected for seventy (70) years from the first legalpublication of the work. Article 19 protects copyright
of collective and audio-visual works for a period of
seventy years from the day the work is legally offeredto the public or in a contrary case, for seventy yearsfrom the day of the production of the work i.e. seventyyears after the making. Article 20 protects thecopyright of Applied Arts Works for a period of
twenty-five (25) years from the making.
Article 8 gives authors of protected works the
exclusive right to make or authorise the making oftranslations of the work.Article 5 of ACLP declares that the author of a work
has the exclusive right in his work and he canauthorise i.e. c) the translation of the work.
Article 9 requires that authors be given the exclusiveright to authorise reproduction of the work in anymanner or form with only limited exceptions that donot conflict with the normal exploitation of the work
and do not unreasonably prejudice the legitimate
interests of the author.ALCP – under Section II Article 5 confirms that “the
author has the exclusive right on his work and he canauthorise a) the reproduction of the work. ALCPunder Section III Article 6 allows the Free
Reproduction for Personal Use except for a)
architectural works in terms of building or otherconstructions, reprographic reproduction of works offine arts, musical works, notebooks or otherpublications meant for a single use purpose, b)computer programs, excluding what provided for in
Article 13, while the last paragraph of the same
provides exemption from any other reproductionwhich would come against the process of theexploitation of the work or would damage thelegitimate interests of the author; Article 7 ` Freereproduction in the Form of Citation` stating also that
`The quotation has to be honest, correct and it must
not exceed the context of its original use; Accordingto the Article 8 3rd paragraph, it is permitted to‘reproduce’  by means of reprography, special articleslawfully made available to the public in a newspaperor magazine, to reproduce written pieces taken out of
a work lawfully made available to the public or a short
full published work lawfully made available to thepublic, for teaching purposes or for the period ofexams in educational institutions. The activity of theseinstitutions must not bear any direct or indirect profit
purpose and the usage of the work must be honest;WT/ACC/ALB/36
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Article 9 `Free reproduction from Libraries and
Archives`; Article 10 `Free Reproduction for Legaland Administrative Purposes`; Article 11 ‘Free use forthe purpose if giving information’ permits a) thereproduction and distribution by press, broadcastingby wire to the public of any article published in a
newspaper or magazine treating an economic, political
or religious issue or of any other broadcasted work, ifthe right of reproducing, broadcasting or any othersimilar communication for the public is notexpressively limited; b) the reproduction and offeringto the people in case of news on daily events …,
without exceeding the informing purpose as well as
the reproduction in press, broadcasting or by othermass media means of speeches, lectures, reports,preachments and other works similar to them , whenall these have informing purpose. Article 12 ‘Free use
of Pictures of Publicly exposed Works’ permits the
reproduction, broadcasting or wire communication tothe public of a picture or an architectonic work, of afine arts work, photographic or applied arts workplaced in a public area, excluding the cases when thework is the main theme of reproduction, broadcasting
or communication and when it is used for commercial
purposes; Article 13 `Free Reproduction and
Adaptation for Computer Programs` allows the ownerof the computer program to make a copy for archivalpurposes and to adapt this program if such  adaptationis indispensable for the use of the program; Article 14‘Free Use of Computer Programs’ allows the
reproduction of the code and adaptation when it
becomes necessary to get the required data for theinteraction of a computer program , which  is createdindependently from the other programs, except for a) apurpose different from that  of interacting capacity of
the computer program b) giving them over to third
parties, except for the cases when this is indispensable
for the for the interacting capacity of the computerprogram c) the development , production or handingover of a similar computer programs concerning theway of expression or for any other purpose whichviolates the copyright. The reproduction is permitted
when a) this actions are done by means of a licence,
by another person who has the right to use the copy ofthe program or by any authorised person b) thenecessary data for interaction are not previously givento the persons mentioned as per above c) these actions
are limited in those parts of the original program
which are indispensable for the creation of theinteraction capacity. The use of the following isprohibited due to the provisions of Article 15 `FreeTemporary Recording by Broadcasting Agencies`.WT/ACC/ALB/36
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Articles 10 and 10bis define certain authorised free
uses of works.ALCP – under Section III Articles 7,8, 11,12,14,
confirms as per following:
Art. 7-Free Reproduction in the Form of Quotation;
Art. 8-Free Usage for teaching;
Art. 11- Free Use for the Purpose of Giving
Information; Art. 12- Free Use of
 Pictures of Publicly Exposed Works; Art. 14- Free
Use of Computer Programs.
Under Article 7 of the law, it shall be permissible tomake quotations, according to the law, of a publishedwork into another work under the condition that in thequotation must be included the source of the author’sname, if it is in the original work. The quotation has to
be fair, correct and it must not exceed the context of
its original use.
Under Article 8 of the law, it is permitted the free
usage of a work for teaching
purposes and specifically a) use a work lawfully made
available to the public for illustrations, broadcasts,
sound and visual recordings for teaching purposes;
Under Article 12 exception is provided in cases when
the picture is the main theme
of the reproduction and when it is used for
commercial purposes.
Under Article 15 the law provides an exception for the
recording for temporary use by broadcasting
organisations that have the authorisation to broadcast
that work.
Under Article 16 the law provides an exception for
public performance of  works by educationalinstitutions, by the staff and students of suchinstitutions, is the audience is exclusively the staff and
students of that institution, parents and guardians of
the students and others directly connected with theactivities of the said institution.
Articles 11, 11bis, and 11ter require that authors ofdramatic, dramatico-musical and musical works andany translation thereof and authors of literary andartistic works, be given the exclusive right to authorise
the public performance of their works, including by
broadcast, public recitation and any communication tothe public.ALCP –  under Article 5 ‘Economic Rights of the
Author’ constitutes the exclusive right of the author onhis work and on authorising a) the preparation andadaptation, alteration and transformation of the work
b) the presentation of the work in public c) the
communication of the work to the public bybroadcasting and rebroadcasting d) thecommunication of the work to the public by cable orother means.
Article 12 requires that authors of literary or artisticworks have the exclusive right to authorise
adaptations, arrangements and other alterations of
their works.ALCP – under Article 5 constitutes the exclusive right
of the author on his work and the fact that he can
authorise the preparation or adaptation, alteration or
transformation of the work.WT/ACC/ALB/36
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Article 13 authorises countries to impose reservations
and conditions on the exclusive right granted authorsof musical works or written works that are recorded.ALCP – under Article 38 constitutes that Articles
35,36,37 are not applied when activities provided bythese articles are performed for private use, teaching,scientific research, and all these reservations shallapply with the condition that the use does not conflictwith the normal exploitation of the work as a show,
phonogram or broadcast; and always without violating
at a large scale the legal interests of the owners of therights mentioned in those articles;
The obligation for an authorisation mentioned inArticles 35,36 and 37 to ) register shows andbroadcasts ) to produce them and to reproducepublished phonograms for commercial purposes, are
not applicable when the reproduction is done by a
broadcasting organisation with its own means and forits own programs only in case of  )broadcasting theregistration of a show or of its reproduction, thebroadcasting agency has the right to broadcast exactlythis show ) broadcasting the registration of a program
made according to the conditions of this program, the
broadcasting agency has the right to broadcast exactlythis program )a registration, made according to thisparagraph, its reproduction or the recording of suchreproduction shall be destroyed within sixty days,except for a single copy which can be preserved for
archive purposes.
Articles 14 requires that authors of literary and artistic
works have the exclusive right to authorise thecinematographic adaptation and reproduction of theirworks and the distribution, public performance andcommunication to the public  of the adaptation orreproduction, without the limitations authorised under
Article 13(1).ALCP is in compliance with the above stating under
Section II Article 5 that  “The author has the exclusiveright on his work and he can authorise a) thereproduction of the work, b) the import of the workwithin the country with the purpose of its distribution(selling, leasing, renting, loaning) for/to the public; c)
the preparation of adaptation, alteration or
transformation of the work; d) the presentation of thework in public”.
Article 14bis specifies that a cinematographic work isto be protected as an original work without prejudiceto any work that is adapted or reproduced and theauthor of the cinematographic work is to enjoy the
same rights as the author of any other work.ALCP –  under Section I Article I states that “This law
protects the literary, artistic, public and other works,including any original intellectual creation of thisnature, regardless of their form of expression as for
example-audio-visual works; and the protection does
not depend on the manner and form of expression,quality or aim of the work”.WT/ACC/ALB/36
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Article 14ter requires Adroit de suite in connection
with subsequent sales works of art and manuscripts.ALCP under Section VI Article 33 Constitutes that
“When the author alienates the original or a copy ofhis work, he does not transfer the economic rights, andhe doesn’t grant any licence for performing activitiesincluded in the economic rights, unless it is providedotherwise by the contract. The legitimate  buyer of an
original work or its copy has the right to expose the
original work or its copy directly to the public, unlessthe contract provides otherwise. The privilege definedas per above does not include the persons who possessthe original works or their copies because of a rent,lease, contract or other ways, without being the
owners of the original work or of its copy”.
Article 15 requires that ownership of a work, for
purposes of litigation, be presumed to be that whichappears on the work in the usual manner.ALCP under Section V Article 27 constitutes the
following:
“In order that the author of a work is recognised as
such, and consequently  have the right to make a legalcomplaint in case of procedure violation, in lack ofcontrary facts, it will be enough that his name appears
in the work in the usual way. In the case of an
anonymous work or of a work published under anickname, the editor, whose name appears in the workhas the responsibility to represent the author, andwhen there are no contrary facts, he has the right toprotect the author and ask the respectability of the
author’s right. The above mentioned statement is not
valid when the author reveals his identity and provesthe claim on the work’s authorship”. Under Article 26“The producer of  the audio-visual work will be thephysical  person or the legal entity that undertakes the
initiative to protect the work. The contract between
the producer and the compositor and the other authorsof an audio-visual work provides producer’s right touse the audio-visual work, excluding the moral andeconomic rights of the author”.
Article 16 requires that infringing copies of a work besubject to seizure whether domestically produced or
imported.ALCP under Section IX Article 50 constitutes that
“The authors or  the persons who are enjoying their
rights on a work according to this law are entitled to
challenge in the court if they are hindered inexercising these rights or someone else is using themunjustly. After the challenge made by the author, bythe author’s agency or  by any of their associationsagainst the person who has made use of the moral and
economic rights of a work created in the sense of this
law (sic), the penal case starts according to theprovisions defined in the Penal Code”.WT/ACC/ALB/36
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Draft Dispositions of Applicability of the Customs
Code of Albania constitutes under Article 119.1 and120.1  that  “ Any right holder  of  a registered trademark or copyright, has the right to lodge application inwriting with General Customs Directorate and requirethe suspension of the release into free circulation of
goods, when it is provided adequate evidence that
such imported/exported goods are pirated copyrightgoods.
Article 18 requires that copyright protection beapplied to all works which, at the moment Bernebecomes effective, have not fallen into the publicdomain in the country of origin through the expiry of
the term of protection.ALCP under Section X Article 51 last paragraph states
: “This law is also applicable to works which will beprotected in accordance with the internationalconventions where Albania participates”. Under the
same article third paragraph : “the works of
intellectual property created before this law wasapproved, are used according to the dispositionsdetermined by this law on condition that the economicrights be realised after the proposed changes havecome into power”.
Article 19 authorises Union members to provide
greater protection than that required by the
Convention.ALCP already provides - in terms of Duration of
Protection – a period of 70 years after author’s death
instead of 50 years provided by Berne Convention.
Article 20 authorises Union members to enter intospecial agreements among themselves to provide moreextensive rights than those provided by Berne.There are no provisions excluding the right to enter
into special agreements with other members of BerneUnion.
Protect computer programs, whether in source orobject code, as literary works under the BerneConvention.  Protect compilations of data, whether inmachine readable or other fo rm are to be protected as
intellectual creations if they constitute such. Article
10.ALCP under Article 1 “protects written works
including computer programs and data compilations”.
Provide rental rights at least for computer programsand cinematographic works with certain exceptions.Article 11.ALCP under Article 5 constitutes that “The author of
an audio-visual work, or any other  works likephonograms, computer programs, data base and of anyother work which is read by apparatus, has theexclusive right to allow giving on lease or lending of
his work”. No exceptions provided.
Provide a term of protection of fifty years from the
death of the author (Berne Article 7.1 and TRIPSArticle 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50 yearsfrom the end of the calendar year of authorisedpublication, or, if not published within fifty years from
making, fifty years from the end of the calendar year
of making. Article 12.ALCP under Articles 17 through 21 provides the
following:
“The moral rights are protected forever and the
economic rights of a work are protected during thewhole authors life and 70 years after his death. Themoral and economic rights of an anonymous,
nicknamed, collective photographic or audio-visual
work are protected for 70 years from the day this workis legally offered to the public or in a contrary case,for 70 years from the day of the production  of thework, i.e. 70 years after its creation.
The protection provided in this chapter lasts to the endof a calendar year”.WT/ACC/ALB/36
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Confine limitations and exceptions to exclusive rights
to certain special cases which do not conflict with anormal exploitation of the work and do notunreasonably prejudice the right holder's legitimateinterests.  Article 13.Articles 6-16 of the Albanian copyright law provide
limitations to the exclusive rights of authors that donot conflict with a normal exploitation of the workand do not unreasonably prejudice the right holder'slegitimate interests.
Provide performers with the right for 50 years fromthe date of a performance to prevent unauthorised
fixation of their unfixed performances and of
reproductions of such fixations and to prevent theunauthorised broadcast by wireless means andcommunication to the public of their liveperformances.  Article 14.1 and 5.ALCP under Article 34 states that: No one can (1)
broadcast programs unauthorised by their performers
(executors); (2) communication to the public of their
show, except for a fixation of the program or abroadcast of the show; (3) fixation of an unfixedshow.  The duration of the protection provided for inthis article is 50 years, starting from the end of theyear in which the show is performed.
Provide phonogram producers with the right for 50years from the date of first authorised fixation to
prohibit unauthorised reproduction of their
phonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold orotherwise distributed.  Article 14.2, .4, and .5.Without the authorisation of the phonogram
producers, no one can reproduce directly or indirectly
the phonogram; import any copy of the phonogram;
lease or loan a copy of the phonogram.
The duration of the protection provided for in the first
paragraph is 50 years, starting from the end of the yearin which the phonogram was produced for the first
time.
Providing broadcasting organisations with theexclusive rights for 20 years of fixation, reproduction
of fixations, and rebroadcasting by wireless means oftheir broadcasts and the communication to the publicof broadcasts of their broadcasts or provide to theowners of the copyright in the material broadcast the
possibility of exercising such rights.  Article 14.3 and
5.No one can do the following activities without the
authorisation of broadcasting organisations: (1)
rebroadcasting of their programs; (2) registering oftheir programs; (3) reproducing of a registration oftheir programs when the registration on which basisthe reproduction is done, is realised without the
authorisation of this organisation, or the broadcasting
is firstly registered in accordance with the provisionsof Article 39 of this law, but the reproduction is donefor purposes other than those mentioned in that article.As per this Article, protection ends in 50 years,starting from the end of the year, in which the
broadcasting is done.
Trademarks Part III of the Law on Industrial Property
Provide trademark or service mark protection for any
sign, or combination of signs capable of distinguishing
the goods or services of one undertaking from those ofother undertakings.  Article 15.1Article 73 of the Law on Industrial Property declares
that any sign or any combination of signs capable of
distinguishing the goods or services of one natural orlegal person from those of another and of beingrepresented graphically may serve as a mark for goodsor services.
Not deny registration for a mark based solely on thenature of the goods or services to which a trademark is
to be applied.  Article 15.4.Nothing in Articles 74, 75, or 76 would appear to
authorise denial of registration based solely on the
nature of the goods or services to which the mark is
applied.
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity toapply for cancellation.  Article 15.5Article 82(3) requires that the decision to register a
mark or reject the application be made within 5months of acceptance of an application forexamination and that the decision to register bepublished.WT/ACC/ALB/36
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Provide trademark owners the exclusive right to
prevent unauthorised use identical or similar marks forsimilar goods or services of other parties if confusionis likely to result.  Article 16.1Article 83(1) gives the owner of a registered mark the
right to prohibit unauthorised third parties from usingthe same or similar mark on identical or similar goodswhere such use would result in a likelihood ofconfusion.
Presume confusion where an identical mark is usedwithout authorisation on identical goods or services.
Article 16.1.An amendment to the law is prepared that provides an
express presumption if use of an identical mark occurs
in conjunction with identical goods or services.
Provide protection for well know trademarks andservice marks in accordance with Article 6bis of the
Paris Convention, even where use is on goods orservices which are not similar to those in respect ofwhich a trademark is registered if the latter use wouldimply a connection with the right holder or would belikely to damage the right holder's interests.  Article
16.2 and .3.Article 76(2)(b) on the Law on Industrial Property
precludes registration of a confusingly similar sign to
a well-known mark on identical or similar goods tothose for which the well-known marks is used.
An amendment to Article 83(6) is added that specifiesthat owners of an unregistered trademark that isconsidered well-known in the Republic of Albaniahave the right to prevent third parties from using areproduction, an imitation, or a translation of the well-known mark in commerce without his authorisation.
Allow only limited exceptions to the rights conferredby a trademark such as fair use of descriptive terms.Article 17.Article 83(2) expressly provides that first sale in
Albania of a trademarked good exhausts the trademarkright in such goods..
Provide a period of protection for registration of atleast seven years, renewable indefinitely.  Article 18.Article 86 of the Law on Industrial Property provides
a registration term of 10 years, renewable indefinitelyfor ten year periods.
Allow cancellation for non-use only after a period ofthree years of uninterrupted non-use unless valid
reasons exist for the non-use, including government
interference with use.  Article 19.1.Article 92 of the Law on Industrial Property provides
a procedure for revocation of a mark that has not been
used for a period of 5 years where such lack of use is
not justified.
The new article 92/1 is: The registration of a mark
may be revoked if the owner of the registered markhas not used it in connection with the goods orservices referred to in the registration during a period
of 3 years, without good reasons.
No encumbering of the use of a trademark by special
requirements.  Article 20.The Law on Industrial Property does not appear to
impose such encumbering of the use of a trademark.
May establish conditions for licensing but compulsorylicensing not permitted and owner of registered markmust be able to assign it with or without transfer ofbusiness.  Article 21.Article 87 of the Law on Industrial Property authorises
the owner of a registered trademark to licence othersto use the mark through a written agreement signed byboth parties.  The licence contract must be recorded.WT/ACC/ALB/36
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Article 88 requires that a licence contract contain a
clause obligating the licensor to ensure effectivequality control of the licensee's goods or services onwhich the mark is used.
A new article is provided to be added in the Chapter
“Transfer and licensing of marks” that states that the
rights in a mark may be transferred with or without the
transfer of the business of the assignor.
Geographical Indications Chapter XXVI of the Law on Industrial Property
Provide means to prevent deceptive use ofgeographical indications identifying location where agiven quality, reputation or other characteristic of agood is attributable to its location.  Article 22.1 and 2.Article 93 of the Law on Industrial Property provides
for protection through registration of appellations oforigin for natural, agricultural, industrial, or handicraftproducts which have distinctive properties mainly dueto the location or region where they are produced as aresult of climate, soil, or the established
manufacturing procedures or processes used.
Refuse to register or invalidate registrations of
trademarks containing geog raphical indications except
in instances in which such marks have been usedcontinuously for at least 10 years or in good faithbefore April 15 1994.  Article 22.3Article 75(2)(d) prohibits registration as a trademark
or an element of a trademark sign liable to mislead thepublic, particularly as regards the nature, quality orgeographical origin of the goods or services whichthey are intended to distinguish.
Protect against use of geog raphical indications even
when literally true but which falsely represent that the
goods originate in another territory.  Article 22.4Article 93(6) states that an appellation of origin may
be used only by those who produce or market the
product for which an appellation of origin has been
established. An amendment is being prepared thatprovides the required protection against use of ageographical indication that is literally true but falselyrepresents to the public that the goods originate inanother territory Article 93(8).
Protect, with certain exceptions, appellations or origin
for wines and spirits even against use accompanied by
expressions such as kind, type, style, etc.  Article 23.1and 24.  An amendment is being prepared that will expressly
provide such protection.
(Article 93/7 of the Law). Persons not authorised to
use an appellation of origin may not use suchappellation, even they add the words “type”, “style”,“fashion”, “produced as” or similar words.
Refuse or invalidate, with certain exceptionstrademark registrations containing geographical
indications for wines and spirits if they do not
originate in the place named.  Article 23.2 and 24.Article 75(2)(d) of the Law on Industrial Property
prohibits registration as a trademark or an element of a
trademark sign liable to mislead the public,
particularly as regards the nature, quality orgeographical origin of the goods or services whichthey are intended to distinguish.
Article 91 authorises invalidation of a registration that
is inconsistent with any provision in Article 75 and
invalidated registration would be considered null and
void from the registration date.
Industrial Designs Part II of the Law on Industrial Property
Provide, with certain exceptions, protection for new ororiginal, independently created industrial designs.
Article 25.1.Article 59 of the Law on Industrial Property provides
protection for new and useable industrial designs orhandicraft projectsWT/ACC/ALB/36
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Ensure that requirements for securing protection for
textile designs are not prohibitive of such protection.Article 25.2.Article 63 provides for registration of industrial
designs on the basis of an application.
Protection should last at least 10 years. Article 68 provides for protection of five years from
the filing date renewable for two additional terms for atotal of 15 years counted from the filing date.
Patents Part I of the Law on Industrial Property
Provide patents for any inventions, whether productsor processes, in all fields of technology if they arenew, involve an inventive step and are industrially
applicable.  Exceptions are permitted for plants and
animals, except for micro-organisms and non-biological and microbiological processes.  Exemptionsare also permitted for reasons of ordre public andmorality.  Article 27.Article 3 of the Law on Industrial Property  provides
that, to be patentable, an invention must be novel,involve an inventive step and be industrially
applicable.  Excepted from the definition of invention
are discoveries, scientific theories and mathematicalmethods; aesthetic creations; schemes, rules andmethods for performing mental acts, playing games,or doing business, and programs for computers;presentations of information as such.
Patents may not be granted in respect of an invention
the publication or exploitation of which would be
contrary to public order or morality; nor may they begranted for substances obtained through internalnuclear transformations for military purposes.  Alsoexcepted from patentability are inventions of surgical,diagnostic or therapeutical methods practised on the
human or animal bodies, as they are regarded as not
susceptible of industrial application.  Also exceptedare plant and animal varieties or essentially biologicalprocesses for producing the same, but the exceptiondoes not apply to microbiological processes or theproducts thereof.
Provide patent owners with the right to prevent othersfrom making, using, offering for sale, selling, orimporting a patented product or from using a patentprocess or using, offering for sale, selling or importinga product produced directly using such process.Article 28.1.Article 27 of the Law on Industrial Property provides
the required rights and, in addition, gives patentees theright to prevent others from importing or stocking, forpurpose of putting it on the market or offering it forsale, a patented product or a product produced by apatented process.  A right of action also is available
against anyone who induces others to violate any of
the patentee's exclusive rights.
Give patent owners the right to assign the rights in thepatent, or transfer the rights by succession, or licensethem.  Article 28.2Article 32 of the Law on Industrial Property requires
that changes in ownership of a patent application or apatent be recorded in the patent register.  The PatentOffice publishes such change in ownership.
Require applicants to disclose the invention so thatone skilled in the art can carry it out and may require
indication of the best mode and information on
corresponding foreign applications.  Article 29.Article 13 requires the disclosure of the invention to
be in a manner sufficiently clear and complete for the
invention to be carried out by a person skilled in the
art.  Any invention involving biologicallyreproducible material that cannot be disclosed in theapplication to be deposited in accordance with adepository institution.   Albania is not a Party to theBudapest Treaty regarding the international deposit of
biological materials.WT/ACC/ALB/36
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Ensure that any exceptions to exclusive patent rights
do not unreasonably conflict with normal exploitationof the patent and do not unreasonably prejudice thelegitimate interests of the patent owner, taking thirdparty interests into account.  Article 30.Article 27(3) excepts from infringement suit activities
related to the patent after the patent has been put onthe market by the patentee or with the patentee'sconsent in Albania or in any territory specified in
bilateral or multilateral agreements; acts doneprivately for non-commercial purposes provided it
does not significantly prejudice the patentee's
economic interests; acts doe for purely experimentalpurposes or for scientific research; and acts consistingof extemporaneous preparation for individual cases, ina pharmacy or by a medical doctor, of a medicine inaccordance with a medical prescription or acts
concerning the medicine so prepared.
Article 30 provides prior user rights.
Article 31 specifies that patent rights do not extend to
the use of a patented invention aboard foreign vessels,aircraft, or land vehicles temporarily or accidentally inAlbania's territory, provided the use is exclusively forthe needs of the vessel or in the construction or
operation of the aircraft, spacecraft, or land vehicle.
Compulsory licences can be issued only when
enumerated conditions are met, including such thingsas notice, remuneration, limitations on use andtransfer of the licence, etc.  Article 31.Article 39 of the Law on Industrial Property authorises
the grant of a compulsory licence for non-working orinsufficient working after a period of the greater offour years from the filing date or three years fromgrant of the patent, so long as the Patent Office is not
convinced that circumstances justifying the non-
working or insufficient working exist.
A new Article added (Article 39/1) addresses GeneralProvisions on Compulsory Licences)
Article 40 authorises the Minister to authorise a
government agency or a person to make, use, or sell apatented invention or one for which an application for
patent has been filed where the national security or
public safety so require.  The patentee is to be paidequitable remuneration and the Minister's decision isappealable.
Provide an opportunity for judicial review of decisions
to revoke or forfeit a patent.  Article 32.Articles 46 and 47 of the Law on Industrial Property
establish conditions for nullification of a patent.
Article 57 gives jurisdiction over patent disputes to theRegional Court of Tirana, and states that decisions ofthat court in patent disputes are appealable to theCourt of Appeal.
Provide a patent term of at least 20 years from thefiling date.  Article 33.Article 28 of the Law on Industrial Property provides
for a patent term of 20 years measured from the dateof filing.  Paragraph (5) of that Article authorises
extensions of terms for pharmaceutical products of up
to 5 years.WT/ACC/ALB/36
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Shift the burden of proof in process patent
infringement actions to the defendant in instances inwhich the product produced by the process is new orwhere it is substantially likely that the identicalproduct was made using the process and the patentowner has been unable through reasonable efforts to
determine the process used.  Article 34.Article 42(4) of the Law on Industrial Property
provides that the burden of proof in infringementactions shall be shifted to the defendant if the productis new or a substantial likelihood exists that theproduct was made by the process and the patentee hasbeen unable, through reasonable efforts, to determine
the process actually used.
Integrated-Circuit Layout Designs Albanian Government  has prepared a law protecting
integrated circuit layout designs and  the Patent Officewill be responsible. Draft law submitted to the WTO.
Provide protection for original layout designs ofintegrated circuits that are registered or have beencommercially exploited anywhere in the world.Articles 3, 4, 5, and 7 of the Washington Treaty asincorporated into TRIPS by Article 35.Article 8 of the draft law provides protection to
original layout designs entered in the Register oftopographies maintained by the Albanian PatentOffice.
Make unlawful, except in certain circumstances, the
reproduction, importation, sale or other distribution of
a protected layout design or an integrated circuitembodying such design or an article containing such amicrocircuit.  Article 6 of Washington and Article 36of TRIPS.Article 9 gives the holder of the right in a protected
topography the exclusive right of commercial
exploitation, including the right to authorise orprohibit reproduction of the topography by any meansor in any form; and importation, sale or other form ofdistribution of the topography or products that includeintegrated circuits incorporating the protected
topography.
Provide such protection for a term of 10 years from
the filing of an application for registration or fromfirst  commercial exploitation.  Article 38.Article 10 provides a term of protection of 10 years
beginning from the earlier of the date of firstcommercial exploitation anywhere in the world or thedate of filing of an application for protection.  If atopography is not commercially exploited, theexclusive rights expire after 15 years from fixation or
encoding.  (The 15 year term presumably applies also
only if no application for rights has been filed.)
Undisclosed Information Article 49 of the Law on Competition
Provide protection for undisclosed information that issecret (not generally known or readily ascertainable);has commercial value because of its secrecy; and hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.Albania's Competition Law protects business secrets,
including trade secrets.  Article 49 of the law prohibitsdisclosing business or operative secrets of competitorsin an illegal manner or encouraging the competitorsemployees to do so.
The Article also forbids using or giving othersbusiness or operative secrets obtained in the course of
employment or other confidential relations during the
term of those relations in order to gain competitiveadvantage for oneself or a third party or to damage theowner of a commercial company.
The obligation continues for a period of two yearsafter the employment or confidential relationship is
terminated if the owner of the business or operative
secret has a justifiable interest and the obligation doesnot unreasonably restrict the business or professionalactivity of others.WT/ACC/ALB/36
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Protect data submitted to obtain marketing approval
for pharmaceutical or agricultural chemicals utilising anew chemical entity.  Article 39.3.Albania protects data submitted to obtain marketing
approval for pharmaceutical or agricultural chemicalsutilising a new chemical entity. For the protection oftheir confidentiality, in the Regulation of theCommission of the Verification of ManufacturingConditions on Pharmaceutical point 12, is defined :
“After the verification from the Commission,
documentation which is confidential is deposited inNational Centre of Drugs Control together with a copyof authorisation (The authorisation mentioned is thatof marketing one).
For the registration of pesticides used in agriculture, a
pesticide State Commission is set up in the Ministry of
Agriculture and Food. This Commission does not useconfidential data for other societies (Article 5 of theRegulation “On the Pesticides used in agriculture”)
Enforcement Law on Copyright and Related Rights; Law on
Industrial Property; Law on Competition
General Provisions
Provide for effective action against infringement ofintellectual property rights without creating barriers tolegitimate trade or opportunities for abuse.  Article
41.1Article 50 of Albania's copyright law apparently
provides a right of action in court for infringement.
Article 89 of the Law on Industrial Property provides
a right of action for owners of registered trademarks.
ALCP under Section IX Article 50 constitutes that
“The authors or the persons who are enjoying theirrights on a work according to this law are entitled tochallenge at the court if they are hindered inexercising these rights or someone else is using themunjustly. Draft Dispositions of Applicability to the
Customs Code of Albania under Article 119 lays
down the provisions in the implementing of Article82(4) of the Customs Code. This last one states as perfollowing:
Customs authorities, upon the request weather of theowner of a trademark, production licence or other
rights specified  in the acts of applicability of Customs
Code, may suspend the release of goods into freecirculation, exportation, re-exportation and placingunder specific suspending procedure of the counterfeitor pirated goods, according to the procedures provided
in the acts of applicability of this code. Albanian Civil
Procedure Code, under Art. 34 states that “the personwho abuses his right to lodge an appeal to the court,being conscious that his request is not lawful, orcommits perjury, may be condemned by the court witha fee of 50,000 Albanian Leks, without taking into
account the recovery of profits and statutory
damages”.
The new Article 94/1 of Law on Industrial Propertyprovides the rights of the owner or user of anappellation of origin.WT/ACC/ALB/36
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Article 70 of the Law on Industrial Property provides
a right of action for owners of industrial designs.
Article 41 of the Law on Industrial Property identifies
what constitutes patent infringement and Article 42give s the patentee the right to institute proceedingsagainst any infringer.  Article 43 provides a
declaratory judgment action regarding patent
infringement.
Article 67 of Law of Competition authorises courts toimpose fine to any person who does not respectbusiness secrets
Article 101 authorises Courts to impose a fine on any
natural or legal person who knowingly infringes an
intellectual property right; the amount of the fine is to
be doubled in the event of a repetition of the knowinginfringement within 5 years of the original offence.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated orcostly and do not entail unreasonable time-limits or
unwarranted delays.  Article 41.2The Regional Court in Tirana is given jurisdiction
over the specified disputes involving patents byArticle 57 of the Law on Industrial Property. Draft
Dispositions of Applicability to the Customs Code of
Albania under Article 119/3 constitutes that “GeneralCustoms Directorate, afte r being provided adequate
evidence and the request of a holder of an intellectualproperty right, on bases of which Customs authoritiesmust intervene to suspend clearance of counterfeited
and piratical goods communicates its decision to the
applicant within 5 days. In the case of acceptance ofthe request, the General Customs Directoratedetermines the period of time within the CustomAuthorities must intervene. Both parties shall be
notified whether the decision regarding the suspension
of  the release of  goods has taken place or not.
Provide decisions on the merits based upon theevidence presented in the case to the parties,preferably in writing with the reasons explained.Article 41.3.Under Article 119/2 of the draft Provisions of
Applicability to the Customs Code is stated that “theright holders of the intellectual property right have theright to lodge application in writing with GeneralCustoms Directorate. The evidence must contain: a)
documents or sufficient data proving that the applicant
is the right holder of the said material, b) sufficientand detailed description of the goods in order to makeit possible to the customs authorities to appropriatelyidentify them, c) the period claimed for customsauthorities to intervene, d) any other information
necessary to the identification of the exporter/importer
and provide sufficient information that there isevidence of infringement of intellectual propertyrights”.WT/ACC/ALB/36
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Provide for appeals to judicial bodies of final
administrative decisions and of at least the legalaspects of initial judicial decisions on the merits of acase.  Article 41.4.Article 57 of the Law on Industrial Property provides
for appeal to the Court of Appeal of decisions of theRegional Court in Tirana on patent disputes.
 Draft Dispositions of Applicability to the Customs
Code of Albania under Article 119/3 constitutes that“Against the decision of General Customs Directorate
concerning the suspension or not of the infringing
goods, the applicant may app eal to the court according
to the procedures provided  under Article 19(4) and
20(5) of the Customs Code.
Civil and Administrative Procedures and Remedies
Provide a procedure that allows plaintiffs to bring anaction for infringement; requires that defendants benotified; permits both side to present evidence insupport of their position; and protects confidential
information.  Article 42Article 50 of Albania's copyright law apparently
provides a right of action in court for infringement.
Article 89 of the Law on Industrial Property providesa right of action for owners of registered trademarks.
Article 70 of the Law on Industrial Property providesa right of action for owners of industrial designs.
Article 41 of the Law on Industrial Property identifieswhat constitutes patent infringement and Article 42
gives the patentee the right to institute proceedings
against any infringer.  Article 43 provides adeclaratory judgment action regarding patentinfringement.
Draft Dispositions of Applicability Under Article
119/1 constitutes that “the right holders of the
intellectual property right have the right to lodgeapplication in writing with General CustomsDirectorate. Under Article 120/ 2 it is stated that “bothparties be notified regarding the decision taken by thecustoms authorities. The competent authorities have
the right to give the right holder, without prejudice to
the protection of confidential information, theopportunity to inspect any goods detained by thecustoms authorities in order to substantiate the rightholder’s claims”. Under Art. 119 “the right holdershould provide evidence of the reasons which prove
the infringement of  the imported /exported pirated
copyright goods”.WT/ACC/ALB/36
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Authorise judges to order production of evidence
necessary to substantiate a party's claims where thatparty has been unable to obtain such evidence fromthe opposing party.  Article 43.1.The regulations of  the Albanian Civil Procedure Code
concerning the rights and the obligations of the partiesin a civil trial authorise judges to order production ofevidence necessary to substantiate a party’s claims.Specifically under Article 223 it is stated that “thecourt, upon request of the interested party, may order
the other or a third party, the presentation weather of a
document or goods  each time the court considers itnecessary. In this case the court advises upon time-limits, place and manner of their presentation.Requesting party is obliged to describe in details allthe circumstances showing evidence of documents
placement, its characteristics and facts which shall be
proved by the presentation as per above”.
Authorise judges to enjoin a defendant, except thegovernment, from infringing intellectual propertyrights.  Article 44.1.Article 89 of the Law on Industrial Property authorises
the court to enjoin trademark infringement.
Article 70 of the Law authorises the court to enjoin
infringement of industrial designs.
Article 42 of the Law authorises the court to enjoin
patent infringement. Under Albanian Civil Procedure
Code, it is stated the right of the owner to bring to thecourt a suit concerning the relevant infringement ofintellectual property.
Authorise judges to order the payment of monetarydamages adequate to compensate for the injury doneby the infringement.  Article 45.1Article 89 of the Law on Industrial Property authorises
the court to award comp ensation for trademark
infringement.
Article 70 of the Law authorises the court to award
compensation for infringement of industrial designs.
Article 42 of the Law authorises the court to award
damages for patent infringement.
 Albanian Civil Procedure Code, under Section IV
`Regulations for the specification of the value of the
court appeal`, Art. 68 states that  “When it is claimed
an amount of money or movable asset, the value isdetermined according to sum presented or declaredvalue by the suer. If in the law suit there is lack ofamount determined or declared, it is presumed the
right of the court to decide upon the determination of
the value to be conferred”.
Authorise judges to order infringer to pay rightholders enforcement costs and recovery of profitsand/or statutory damages.  Article 45.2.Albanian Civil Procedure Code constitutes the right of
any person, according to the law, to claimcompensation of costs and damages caused by theinfringer. Under Art. 106  states among others that“The Court in its final decision charges the partywhose claim has been rejected,  with the enforcement
costs including appropriate attorney’s fees”.
Authorise additional remedies including seizure of
infringing goods, and the materials and implementsthe predominant use of which is infringement.  Article46.Articles 42, 70 and 89 of the Industrial Property Law
all authorise courts to grant “any other remedyprovided in the general law”.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
The new Article 89/3 of this Law states : In addition
to the measures specified in paragraph 2(a) of thisArticle, the Court may re-establish the situation thatexisted before the infringement and to stop infringingactions, to proceed with an effective seizure of thegoods and, when necessary, to destroy illegally used
marks, tools that could be used to manufacture the
goods and the goods themselves in absence ofpossibility to remove any illegally mark from suchgoods.
Under draft Dispositions of Applicability of theCustoms Code, Article 120/1 it is stated that “whencustoms authorities are satisfied after consulting the
applicant if necessary, that goods or part of the goods
referred to on Article 119.1(a) and (b), correspond tothe description of the counterfeit or pirated goodscontained in the decision of the General CustomsDirectorate, they suspend the release of the goods orprovide for the seizure of the goods depending on the
situation”.
Authorise indemnification of defendant, including
attorneys fees in the event of abuse by plaintiffs.Article 48.1.Under Draft Dispositions of Applicability, Article
120/4 and 119/4 it is stated that “ the plaintiff  isobliged to forward payment of all eventual chargesrelated to the warehousing of the goods and isresponsible for any damage caused to the
defendant/importer or a third party”.
Exempt public authorities and officials from liability
in connection with the administration of intellectualproperty laws only where the actions are taken orintended in good faith within the scope of the relevantauthority.  Article 48.2.Under Draft Dispositions of Applicability, Article
120/5 it is stated that “the competent authorities andtheir agents, within their scope, are responsible forunjustified suspensions of goods, except for caseswhen actions are taken in good faith.
Ensure that administrative remedies conform to theprinciples in the preceding Articles.  Article 49.The new Customs Law ensures the administrative
remedies conform the preceding articles
Provisional Measures
Authorise judges to grant temporary restraining ordersand provisional relief to prevent infringement and to
preserve evidence Article 50.1.Article 42 of the Law on Industrial Property states that
have a cause of action against any person who is
performing acts that make it likely that infringement
will occur (imminent infringement).
Courts are authorised to grant an injunction to preventinfringement and any other remedy provided ingeneral law.  Article 70 provides similarly forindustrial designs.  Article 89 provides similarly fortrademarks.  The new article 101/4 provides similarly
for geographical indications.
Under Albanian Civil Procedure Code, Article 170
seventh paragraph, it is stated that “as preliminaryactions the judge decides, according to the case, theprovision of the seizure of the goods or otherprovisional relief”.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Authorise judges to require the complaining party to
indemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified.  Article 50.3.Under draft Dispositions of Applicability, Art. 119/4
is stated that “General Customs Directorate candecide, upon approval of the application, that theapplicant forward advance payment,  subject torevising,  to the satisfaction of enforcement costs andindemnify the defending party against harm due to the
unjustified suspension of free release of  goods.
Provide for notice, for formal action by the plaintiff
after temporary restraining orders, etc.  Article 50.4+.Under draft Dispositions of Applicability, Art. 120/2
states that “Customs authorities shall immediatelyinform the applicant and the defendant concerning therelevant action undertaken. Complying with theprotection of professional, commercial and industrialsecret, custom authorities notify the right holder on
name and address of the defendant, and if applicable,
the name of goods recipient, in order  to enable theapplicant for formal  action according to the law.
Border Measures The preparation of a draft amendments has been
finished
Provide for suspension of release by customsauthorities of goods suspected of bearing a counterfeittrademark or of being a pi ratical copyrighted work,
either at the request of a right holder.  Members are
authorised to extend such protection to holders of
other forms of intellectual property.  Article 51Under draft Dispositions of Applicability, 119/1
constitutes that “the right holders of the intellectualproperty right as the owner of a trademark, productionlicence or other rights specified in acts of applicability
of Customs Code, may lodge application to the
General Customs Directorate, upon which, customsauthorities may suspend the release of goods into freecirculation, exportation, re-exportation and placedunder specific suspending procedure or a procedure of
economic impact of the counterfeit or pirated goods”.
Require right holders initiating border measures toprovide evidence of a prima facie infringement and a
description of the goods sufficient for customsauthorities to recognise them.  The right holder mustbe notified within a reasonable time is action will betaken on his behalf.  Article 52Under draft Dispositions of Applicability, 119/1  it is
stated that “the right holders of the intellectual
property right have the right to lodge application inwriting with General Customs Directorate. Theevidence must contain:
(a) documents or sufficient data proving that theapplicant is the right holder of the said material, (b)
sufficient and detailed description of the goods in
order to make it possible to the customs authorities toappropriately identify them , (c) the period claimed for
customs authorities to intervene, (d) any otherinformation necessary to the identification of theexporter/importer and provide sufficient information
that there is evidence of infringement of intellectual
property rights.
Under Art. 119/3 it is stated that “General CustomsDirectorate, after requests’ examination, takes adecision which shall be notified to both parts, within 5
days, in compliance with article 18 of the Code.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Authorise authorities to require the right holder
requesting border measures to post a bond sufficient toprotect the defendant and to prevent abuse.  Article 53Under draft Dispositions of Applicability, Art. 119/4
is stated that “General Customs Directorate  decide,upon approval of the application, that the applicantforward advance payment,  subject to revising,  to thesatisfaction of enforcement costs and indemnify thedefending party against harm due to the unjustified
suspension of free release of  goods”.
Requires prompt notification of the right holder and
the importer when action under Article 51 is taken.Article 54Under Art. 119/3 it is stated that “General Customs
Directorate, after requests’ examination, takes adecision  which shall be notified to both parties,within 5 days, in compliance with article 18 of theCode.
Requires that customs authorities be notified within amaximum of 20 days of the receipt of notice thatproceedings on the merits have begun or the
suspension is to be revoked.  Article 55Under draft Dispositions of Applicability, Art. 120/3
“ If, within 20 days after the notification of thedecision concerning the seizure of goods or the
suspension of the release of goods, customs authorities
have not been informed by the competent judicialauthorities that the proceedings leading to a decisionon the merits of the case have been initiated, customsauthorities shall  order the release of the goods,
provided that all other conditions for importation and
exportation have been complied with”.
Authorities must be authorised to require the rightholder to compensate the importer or owner of thegoods subject to border measures if goods werewrongfully detained or if proceedings leading to adecision on the merits are not begun within the
allotted time.  Article 56.Under draft Dispositions of Applicability, Art. 119/4
is stated that “General Customs Directorate  decide,upon approval of the application, that the applicantforward advance payment,  subject to revising,  to thesatisfaction of enforcement costs and indemnify the
defending party against harm due to the unjustified
suspension of free release of  goods”. Under Art.120/4  “the applicant should forward advance paymentof all eventual charges related to warehousing ofgoods”.
Right holders must be allowed to inspect the detainedgoods in order to substantiate the right holder's claims.Importers must be given similar authority.  Members
may give the right holder the names and addresses of
those involved in the importation when infringementis found to exist.  Article 57.Under draft Dispositions of Applicability, Art. 120/2
states that “Customs authorities shall immediatelyinform the applicant and the defendant concerning the
relevant action undertaken. In compliance with the
legislation on protection of professional, commercialand industrial secret in power, custom authoritiesnotify the right holder on name and address of thedefendant, and if applicable, the name of goods
recipient, in order  to enable the applicant for formal
action according to the law. Similar authority could be
given to the owner of the goods on order to establishweather goods are counterfeited or pirated ones.WT/ACC/ALB/36
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TRIPS Agreement A LBANIA
Establishes the conditions that must be in place if
customs authorities are authorised to act ex officio,including the ability to ask the right holder forinformation at any time; the requirement to notify theimporter promptly of the suspension; and therequirement that public officials be liable if they act in
bad faith. Article 58Under draft Dispositions of Applicability, Art. 120/5
“Customs have the authority to suspend upon theirown initiative the release into free circulation of thegoods which represents prima facie evidence that anintellectual property right has been infringed. In thesecases the customs authorities can at any time seek
from right holder any information which could assist
them in establishing intellectual’s propertyinfringement. Article 119 states that both parties willbe informed on the decision.
Under Article 120/5  it is stated that “the competent
authorities and their agents, within their scope, are
responsible for unjustified suspensions of goods,
except for cases when actions are taken in good faith”.
Competent authorities must be able to orderdestruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59Under draft Dispositions of Applicability of the
Customs Code, Article 120/1 it is stated that “whencustoms authorities are satisfied after consulting theapplicant if necessary, that goods or part of the goodsreferred to on Article 119.1(a) and (b), correspond to
the description of the counterfeit or pirated goods
contained in the decision of the General CustomsDirectorate, they suspend the release of the goods orprovide for the seizure of the goods depending on thesituation”.
Members are authorised to except from bordermeasures small quantities of infringing goods of a
non-commercial nature carried in personal luggage or
shipped in small consignments.  Article 60The new Article 89/3 of this Law 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 infringingactions, to proceed with an effective seizure of thegoods and, when necessary, to destroy illegally usedmarks, tools that could be used to manufacture thegoods and the goods themselves in absence of
possibility to remove any illegally mark from such
goods
Criminal Procedures
Provide criminal procedures and penalties, sufficientto act as a deterrent, for wilful trademarkcounterfeiting or copyright piracy on a commercialscale.Article 101 of the Law on Industrial Property appears
to provide for fines for intentional infringement ofpatents, trademarks and rights in industrial designs.
Authorises extension of criminal actions to other
forms of intellectual property where infringements are
wilful and on a commercial scale.   Article 61.Under Section  IX Article 50 of the ALCP it is stated
that “The authors or  the persons who are enjoying
their rights on a work according to this law are entitledto challenge at the court if they are hindered inexercising these rights or someone else is using themunjustly. After the challenge made by the author or bythe author’s agency against the person who has made
use of the moral and economic rights of a work
created in the sense of this law (sic), the penal casestarts according to the provisions defined in the PenalCode.WT/ACC/ALB/36
Page 28
ANNEX
(English only)
DISPOSITIONS OF APPLICABILITY OF CUSTOMS CODE
(Draft)
COUNTERFEITED AND PIRATICAL GOODS .
Article 119
1. The holder of an intellectual property right, who can be the owner of a registered trade mark
or a copyright, can lodge a written application at the General Customs Directorate, on basis of whichthe Customs Authorities can intervene suspending the customs clearance, if the counterfeited and
piratical goods are in the following conditions:
- put into free circulation, exported or exported for a second time.
- fixed according to the transit customs regime, or according to an economical customs regime.
2. The application mentioned at the paragraph 1, should include:- documents and sufficient data proving that, the applicant is the right holder of  the mentioned
goods;
- a sufficient and detailed description of goods, to help the Customs Authorities to make their
identification;
- the period claimed for the Customs Authorities to intervene;
- any other information necessary to the identification of the exporter or the importer to prove
that there is an infringement of the intellectual property right.
3. The General Customs Directorate after having examined the request, communicate its
decision to the applicant  within 5 days, according to the Article 18 of the Code.  This decision must
be communicated to the defendant too (the importer or the exporter).
If the applicant does not agree with the decision taken, he can lodge a complaint, according to
the  procedures foreseen at the Article 19(4) and the Article 20(5) of the Code.  In the case ofacceptance of the application, the General Customs Directorate determines the period of time within
which the Customs Authorities must intervene.  The above-mentioned deadline can be changed on
basis of the written request of the right holder.  The decision of the acceptance of this request should
be communicated to all the customs offices.
4. The General Customs Directorate can establish that, with the acceptance of the request, the
applicant should provide a security sufficient to cover all the administrative expenses that will be
operated during the performance of the service, from the Customs Administrate, and also to protect
the defendant (the exporter or the importer), for the loss or the damages that would be caused by
unjustified suspension of the circulation of goods.  The amount of this security can be a re-examination subject.
5. The right holder should announce immediately to  the General Customs Directorate, in every
case that his right over the goods become invalid, or when this right it is no more correctly registered,
or expires.WT/ACC/ALB/36
Page 29
Article 120
1. When, after consulting the applicant, the Custom Authorities prove that the goods or a part of
the goods mentioned in the paragraph 1(a) and (b) of the Article 119, correspond to the description of
counterfeited or piratical goods, according to the decision of the General Customs Directorate, shouldsuspend immediately the circulation of the goods or confiscate them depending on the situation.
2. The Customs Authorities should inform immediately the right holder for the actions
undertaken. According to the legislation in power, on the protection of the professional, commercial,
industrial secret, the Customs Authorities inform the right holder of the names and addresses of the
consignor, and if it is known also the names and addresses of the consignee, making possible for the
applicant to open a juridical process according to the existing laws, if it will be necessary.  TheCustoms Authorities give to the applicant a possibility to control the sequestrated goods or those
suspended. Such a possibility may be given to the consignor too, to determine whether the goods are
counterfeited or piratical.
3. If within 20 days from the announcement day of the sequestration of goods, or the decision of
their suspension, the Customs Authorities, do not take a copy of the appeal addressed to the juridical
competent authorities by the right holder, they determine the decision of the sequestration and
suspension as invalid, and become the good necessarily free from any customs duty.
4. The applicant should also prepay all the possible expenses that have to do with the storage of
the goods.
5. The Customs can suspend upon its own initiative, the release of goods in respect of which
they have required prima facie  evidence that an intellectual property right is being infringed. In this
case, the Customs authorities may at any time seek from the right holder any information that mayassist them to exercise this power. Customs is liable for all its actions, with the exceptions of those
cases when it is fully proven that it was acting on good faith.WT/ACC/ALB/36
Page 30
IMPLEMENTATION OF THE LAW ON INDUSTRIAL PROPERTY WITH TRIPS
AGREEMENT
AMENDMENTS
Article 10/1
Temporary protection of patentable inventions and ut ility models exhibited at official or officially
recognised international exhibitions
1. The applicant for registration a patentable invention who has exhibited a product or products
incorporating the invention at an official or officially recognised international exhibition and who
apply for the registration of that invention within one year from the day on which the product or
products incorporating the invention were first exhibited in the exhibition shall on his request be
deemed to have applied for registration on that day.
2. Evidence of the exhibition of products incorporating the invention shall be given by a
certificate issued by the competent authorities of the exhibition, stating the date on which the
invention was first shown in connection with products included in the exhibition.
Article 39/1
General provisions on Compulsory Licences
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 authorised by the compulsory licence; 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 with patentee, taking into account the licensing conditions in the technical field ofthe 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 from protection.
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.WT/ACC/ALB/36
Page 31
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.
Article 81.4
If the application conforms to the requirement of Article 78 of this Law, the Patent Office
shall send a written notice to the applicant on the acceptance of the application for examination.
Article 82.3
Within a period of 5 months after the application has been accepted for  examination, the
Patent Office, in accordance with the results of the examination, shall adopt the decision to register
the trademark or to reject the registration thereof and shall publish the trademark. The applicant shall
be notified of the decision in writing and, if the decision is positive, shall be invited to pay a fee forregistration and publication of the mark.
Article 82.6
If the applicant has paid the fee, as soon as possible after the adoption of a favourable
decision resulting from the examination, the Patent Office shall register the Trademark in the Register
of Trademark and publish the mark in the trademark gazette, as well as issue an establish form of a
certificate of the registration of the Trademark to the applicant.
Article +  (Opposition to trademark registration)
(1) The opposition in written form shall be filed with the Board of Appeal.
(2) The Board of Appeal shall inform the applicant of the opposition and       determine a period
for submitting a reply.
(3) In accordance with the results of reviewing the opposition, the Board of Appeal shall adopt
the decision of the full or partial satisfaction of the opposition or on its rejection.
Article ++  (Examination of opposition)
(1) The opposition submitted in accordance with the provisions of Article 73(3)(4) and Article
75(a)(b)(c) of this Law shall be examined by the Board of Appeal.
(2) The opposition shall be reviewed within three months from the date of receipt of the
applicant's reply.
(3) The appellant or his authorised representative shall be invited to take part in the proceedings
of the Board of Appeal. Where oppositions are examined, both interested parties shall have the rightWT/ACC/ALB/36
Page 32
to participate in the proceedings, to submit necessary materials and to provide oral explanations. The
decision shall be made in the absence of the inte rested parties and they shall be notified of the
decision within one month in writing.
(4) The decision of the Board of Appeal on the conformity of the application with the
requirements of Articles 73(3)(4) of this Law shall be final. The applicant may, within six months
from the date of decisions, appeal against other decision of the Board of Appeal to the Court.
Article 83.1
The owner of a registered mark shall have the right to prevent a third party from using,
without his authorisation, 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 is
registered, 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 presumed.
Article 83.6
The holder of a trademark which is considered to be well-known in the Republic of Albania,
even it is not registered under this Law, shall have the right to prevent third parties from using in
commerce without his authorisation, any sign which constitutes a reproduction, an imitation or atranslation of the trademark. The concept of a well-known trademark shall be established by the
Patent Office
Article 86.1
The registration of a trademark and service mark is made for ten years counted from the filing
date. If the registration is not renewed in due time, the Patent Office shall, upon the owner’s request
and the payment of an extra fee, allocate an additional six months period  for the renewal of the
registration
Article 89.3
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 ne cessary, 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.
Article 92.1
The registration of a mark may be revoked if the owner of the registered mark has not used it
in connection with the goods or services referred to in the registration during a period of three  years,
without good reason.WT/ACC/ALB/36
Page 33
CHAPTER XXIII “TRANSFER AND LICENSING OF MARKS”
Article +  “The transfer of rights”
(1) The rights in a mark may be transferred with or without a transfer of the business of the
assignor.
(2) The transfer of a mark may cover one, several or all the goods or services to which it is
applied.
(3) The transfer of a mark shall have no effect if the transfer has not been recorded in the Register
of  Trademarks.
CHAPTER XXI “T HE PROCEDURE FOR REGISTRATION ”
The holder of a mark shall notify the Patent Office for the following changes :
(1) Change in the name or address of the holder
(2) Change in the name or address of the representative
(3) Limitation of the list of goods or services
(4) Change in whole or in part in the ownership of the registration.
The Patent Office shall, upon payment of the fee and upon submission of any evidence it may
require , enter the changes in the Register of Trademarks and also in the registration  certificate
Article 93.7
Persons not authorised to use an appellation of origin may not use such appellation even they
add the words “type”, “style”, “fashion”, “produced as” or similar words
Article 93.8
The protection of the appellation of origin shall be applicable against a geographical
indication which, although literally true as to th e territory, region or locality in which the goods
originate, falsely represents to the public  that the goods originate in another territory.
Article 94.1
Any person who has registered an appellation of origin and/or whose name is entered as a
user of the appellation of origin  shall be entitled to use  it for the designation of the goods covered byits registration  or to use it in advertising or on business papers. He shall be entitled to prohibit the use
of the appellation of origin by third persons not entered as its users.
Article 100.2
Nationals of Non-member countries domiciled or that have real and effective industrial or
commercial establishments in a Member country shall be treated as nationals of a Member country.WT/ACC/ALB/36
Page 34
Article 100.3
Patents applied for in the various countries of the Paris Union by nationals of countries of the
Union shall be independent of patents obtained for the same invention in other countries, whether
members of the Union or not.
Article 101.4
The judicial authorities shall have the authority to order prompt and effective provisional
measures:
(a) 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;
(b) to preserve relevant evidence in regard to the alleged infringement.
__________