DECISION  
No. 752, dated 19.12.2018   
ON APPROVAL OF THE REGULATION O N ORGANIZATION, FUNCTIONING 
AND DETERMINATION OF THE REMUNERATION OF THE BOARD OF 
APPEAL MEMBERS OF THE GENERAL DIRECTORATE  OF INDUSTRIAL 
PROPERTY   
Pursuant to Article 100 of  the Constituti on and po ints 5 and 7, Article 193 /b, of  Law no. 9947, 
dated 7.7.2008, “On industrial property ”, as amended, on the proposal of  the Minister of  Finance 
and Economy, the Council of  Ministers   
DECIDED:   
1. The a pproval of  the regulation o n organi zation, functio ning and de termination of  
remuneration of  the members of  the board of  appeal  of the General Directorate of  Industrial 
Property, according to the text attached to this decision.   
2. The financial effects that arise from the implementation  of  this decision, sta rt after its 
publication in the “Official Gazette ”. 
3. The General Directorate of  Industrial Property is in charge of  the implementation of  this 
decision.   
This decision enters into force after its publication in the Official Gazette.   
 
DEPUTY PRIME MINISTER   
Senida Mesi   
 
REGULATION   
ON ORGANIZATION, FUNCTIONING AND DETERMINATION OF THE 
REMUNERATION  OF THE BOARD OF APPEAL MEMBERS OF THE GENERAL 
DIRECTORATE OF INDUSTRIAL PROPERTY   
Article 1   
Purpose   
1. The purpose of  this regulat ion is to determine the rul es and procedures regarding the 
organization, functioning and determination of  th e remuneration amount of the members of  the 
board of  appeal of  the General Directorate of  Industrial Property.   
2. The Board of  Appeal (hereinafter BA)  is a body established unde r Article 193 /b of  Law no. 
9947, dated 7.7.2008, “On industrial property ”, as amended, (hereinafter the law) and examines the 
issues of  resolving disputes related to property  and rights over IP objects .  
Article 2   
Composition, a ppointment and releas e from duty of 
BA members    
1. The Board of Appeal  is compos ed of  five members, three of  wh om are employees of  the 
GDIP  and two are external members of  the IP field, who meet the requirements for IP experts.  
2. The Chairman of  BA is the Gene ral Director of  GDIP .  
4. The c andid ates for  BA members, selected among the ranks of  GDIP  employees, as well as 2 
external members selected by the General Director from the presented  candidacies, are proposed for 
approval to the Supervisory Board, at the begi nning of  each calendar year, by t he General Directo r  
 of  GDIP , for appointment as members of  BA. The General Director also acquaints the supervisory 
board with all the candidacies that meet the conditions of  point 1, article 193 /b, of  law no. 9947, 
dated 7. 7.2008, “On industrial property ”, as amended, as w ell as with the reasons for selection. In 
November  of  each  year two vacancies will be announced for the next calendar year, for BA external 
members. Vacancies will be announced on the official website of  GDIP.  
5. The official request  to run as an externa l member of the BA must be signed by the candidate 
himself  and must be accompanied by the following documents:   
a) Data on personal identity, correspondence address, e -mail and any other correct contact point 
provided by law;  
b) Curriculum vit ae; 
c) Diplom a of  the second cycle of  studies “Scientific Master ”; 
ç) Any other document that proves the contribution and knowledge in the field of  IP .    
The documents of  letters "c" and "ç" of  this point, which will not be  original or notarized, will be 
considered no t filed. GDIP  will not send notice for completion of  documentation.   
The official request to run as a member of  the BA, unaccompanied by the documents specified 
in letters "a", "b", "c", and "ç" of  this point, w ill be considered unsubmitted and , as such,  will not be 
taken into consideration .  
6. The release from duty of  BA members is done by the supervisory board for the following 
reasons:   
a) Each member of  the BA shall be considered released at the end of  the cale ndar year, with the right 
of  reap pointment;   
b) Upon  his/her request f or resignation;  
c) When he /she is prohibited from exercising this activity by a final court decision;   
ç) When it violates more than once, unjustifiably, the obligations arising under this reg ulation;  
d) By decision of  the su pervisory board, for violation of  the rules of  ethics.   
7. The member of  BA, who resigns, according to letter "c", of  article 193 /c, of  the law, is 
obliged to submit a written request for resignation and the reasons for resign ation, at least one 
month before the date of  release from duty , unless he proves or it is certifie d that this has not been 
possible.   
8. The meeting to consider the issue of  release from duty of  the BA member is convened by the 
Director General of  GDIP .  
The meeting to review the release  from duty of  the BA member does not take place without 
inviting him to atte nd and submit his explanations, unless this is not possible.  
The decision taken at this meeting is final and implemented immediately.   
9. The Chairman of  the BA and the supervisory board take measures for the substit ution  of  the 
released  member from duty as soon as pos sible, by announcing the vacancy on the website of  the 
GDIP  and proceeding as in points 4 and 5 of  this article. The deadlines for processing  in this case 
are determined by t he chairman of  BA. In any case, these deadlines cannot  be shorter than 7 (seven) 
days.  
Article 3   
Technical Secretary   
1. BA meetings are assisted by the technical secretary. The Director General appoints a GDIP  
employee to t he technical secretary role at the beginning of  each calendar year.  
2. The technical secretary of  BA is an employ ee of  GDIP  who exercises the following duties:   
a) Receives with the signature of  the General Director, the file of  the request submitted for 
review to BA;    
 b) It is the authorized pers on who initially ascertains these deficiencies and sends notifications 
for th e completion of  the deficiencies and /or inaccuracies of  the request;   
c) Notifies the parties to submit to BA the arguments, objections and any other  necessary 
documents defined in t he law and in the decision of  the Council of  Ministers, for the approval of  
the patent regulation, the industrial design regulation, the trademark regulation, the geograp hical 
indicat ion regulation , fee regulation;   
ç) Keep s the minutes of  the meeting with  all the elements that the minutes must contain, as well 
as other tasks assi gned by BA.   
3. Within 10 (ten) days from the completion of  all documents required by law, the technical 
secretary sends a copy of  the complete file t o each member of the BA for recog nition.   
4. The Technical Secretary, after receiving from the  General  Director the order on the date of  the 
BA meeting, informs the m embers on the dat e of  the meeting  together with its agenda by e-mail 
and/or telephone.   
Artic le 4  
BA meeting and decision mak ing  
1. The BA meeting is opened by the chairman.   
2. Before  taking into cons ideration  any new issue, the Technical Secretary shall orally present to 
the BA a summary of  the parties ’ claims, facts and evidence submi tted concerning  the matters and 
shall keep the minutes  of  the meeting and  members’ discussions.   
3. The BA, under the lead of  the chairman, puts forward for discussion all the issues placed on 
the agenda.   
4. At the end of  the entire  review procedure and exc hange of  opinions by the BA members , the 
chairman i nvites the m embers to cast th eir vote. The youngest membe r votes first and the chairman 
of  the session is the  last to vote . None of  the members can abstain from decision making. Voting is 
open in all cases . The opinion of  the member remain ed in  minority, submitted in writing, is attached 
to the decision.   
5. In case sever al solutions are proposed on an issue and the first vote is equal, the vote of  the 
chairman is decisive in accordance with Article 15 of  Law no. 8480, dated 27.5.1999, “On the 
functioning of  c ollegial bodies of  state administration and public entities ”.  
6. The General Director appoints a member of  the BA who, within 3 (three) days from the 
decision, prepare s the reasoned decision, a copy of  which  is submitted to the technical secretary to 
attach to the case file.   
7. The decision must be signed by all BA members w ho participated in the awarding . The member, 
whose opinion has remained in minority, writes the word "against" and signs the decision.  
8. The decision is submitted to the GDIP  record  office, to  notify the parties.   
Article 5   
Remuneration of  BA members   
1. The chairman, members and technical secretary of  the BA will receive a reward for each BA 
meeting.   
2. The remuneration of  the BA chairman and memb ers is equal to the amount of  15 000 
(fifteen thous and) ALL, for each meeting of  the BA, but in any cas e, the number of  rewards should 
not be more than 6 payments per year , regardless of the number of  BA meetings.   
3. The remuneration of  the technical secreta ry is equal to the amount of  5 000 (five thousand) 
ALL, for each meeting of  BA, but in any case, the n umber of  remunerations  should not be more 
than 6 payments per year, regardless of  the number of  meetings of  BA.    
 4. The expenses derived due  to the implementati on of  this regulation are predicted  to be covere d 
by the budget of  GDIP , as an autonomous agency.