WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ALB/I/2 
30 July 2010 
 (10-4096) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original:   English/ 
 anglais/  inglés 
 
  
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
ALBANIA 
   The present text
1 reproduces Law No. 9947 of 7 July 2008 on Industrial Property, as notified 
by the Delegation of Albania on 16 June 2010 un der Article 63.2 of the Agreement (see document 
IP/N/1/ALB/4). __________________________________________________________________________________ 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ALBANIE 
   Le présent document contient le texte
1 de la Loi n° 9947 du 7 juillet 2008 sur la propriété 
industrielle, notifiée par la délégation de l'Albanie le  16 juin 2010 au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/ALB/4). 
__________________________________________________________________________________ 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
  
 
NOTIFICACIÓN DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ALBANIA 
 
  En el presente documento se reproduce el texto
1 de la Ley Nº 9947 de 7 de julio de 2008 
sobre Propiedad Industrial, notificada por la delegaci ón de Albania el 16 de junio de 2010 en virtud 
del párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/ALB/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ALB/I/2 
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  LAW 
 
Nr. 9947 dated 07.07.2008 
 
ON INDUSTRIAL PROPERTY 
 
In reliance on articles 78 and 83 (1) of the Constitution,  on the proposal of the Council of Ministers,  
  
THE ASSEMBLY 
OF THE REPUBLIC OF ALBANIA 
 
D E C I D E D: 
 
PART I 
 
GENERAL PROVISIONS 
 
Article 1 
Purpose 
 
1. The object of this Law is to establish a system for the grant and protection of the industrial property 
rights. The protection of Industrial Property has as its object:  
a) Patents and utility models;  
b) Industrial designs; 
 c) Trademarks and service marks;  ç) Geographical indications. 
 
2. Inventions are protected by means of patents or utility models, which shall be granted by the 
General Directorate of Patents and Trademarks, hereinafter calle d the “GDPT.” Industrial designs, 
trademarks and service marks and geographical indica tions are protected by means of registration in 
the GDPT. The protection as above of industrial desi gns does not exclude any other right provided by 
law and, in particular, the rights based on the law “On copyright and related rights”. 
 
Article 2 
Field of Application of Industrial Property 
 
The field of application of Industrial property sh all comprise industry, commerce and agriculture as 
well as all manufactured or natural products. 
 
Article 3 
Application of Law 
 
1. This Law shall apply to all territory of the Re public of Albania including the land space, territorial 
and internal sea waters, the air space extending over the land space and territorial and internal sea 
waters and any other territory unde r the sovereignty of Albanian State such as the residencies of the 
Albanian diplomatic and consular missions, the ships carrying the flag  of the Republic of Albania, the 
ships belonging to the navy, the carriers of the milita ry and civil aviation wherever they happen to be. 
  IP/N/1/ALB/I/2 
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  2. This Law shall also apply to inventions creat ed or used in outer space, including on celestial bodies 
or on spacecraft, which are under the jurisdicti on and control of the Republic of Albania in 
accordance with international law.  3. This Law shall apply to Albanian natural or legal persons as well as to foreign natural or legal 
persons: 
 
a) from states and territories that are contracting parties to international conventions and treaties in the field of industrial property to wh ich the Republic of Albania is also a party; 
 
b) from states and territories which are members of World Trade Organization; 
 c) from authorities with which the principle of reciprocity in the field of industrial property is applicable. 
 
Article 4 
Definitions 
 
For the purposes of this Law:  1. “Person” means every natural or legal person; 
 
2. “Paris Convention” is the Convention for the Protection of Industrial Property done in Paris on 
20 March 1883, together with its subsequent amendments; 
 3. “International exhibition” is an exhibition or  fair within the meaning of the Convention on 
International Exhibitions done in Paris on 22 N ovember 1928, together with its subsequent 
amendments;  4. “Madrid Agreement” is the agreement and prot ocol to this Agreement for the international 
registration of marks of 14 April 1891, together with its subsequent am endments and additions; 
 
5. “International classification” is the internati onal classification of goods and services in the function 
of the registration of marks established by the Ni ce Agreement of 15 June 1957, together with its 
subsequent amendments;  6. “GDPT Gazette” is the official periodical journal of the General Directorate of Patents and Marks 
where data about the objects of this prope rty protected by this Law are published; 
 7. "Biotechnological inventions" means inven tions which concern a product consisting of or 
containing biological material or a process by means of which biological material is produced, processed or used;  
8. "Biological material" means any material c ontaining genetic information and capable of 
reproducing itself or being reproduced in a biological system;  9. "Plant variety" means any plant grouping with a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the condition s for the grant of a plant variety right are fully 
met, can be: 
 
a) defined by the expression of the characteristics that result from a given genotype or combination of genotypes;  IP/N/1/ALB/I/2 
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  b) distinguished from any other plant grouping by the expression of at least one of the said 
characteristics; and  c) considered as a unit with regard to its  suitability for being propagated unchanged; 
 
10. "Essentially biological process for the production of  plants or animals" means a process consisting 
entirely of natural phenomena such as crossing or selection;  11. "Microbiological process" means any process involving or performed upon or resulting in 
microbiological material; 
 
12. “PCT” is the Patent Cooperation Treaty done in  Washington on 19 June 1970 together with its 
subsequent amendments;   13. “Well-known mark” means a mark within the meaning of article 6 of the Paris Convention 
accepted in the Republic of Albania in conformity with articles of this Law; 
 14. “Licensing” is the granting of a license by means of which the owner of the registration of one of 
the objects of industrial property (t he licensor) allows another party (the licensee) to perform any of 
the actions mentioned respectively in ar ticles 46, 47, 129 and 163 of this Law; 
 
15. “Exclusive license” means a license that is gran ted only to one licensee and prevents the owner of 
the object of industrial property from using the object and from licensing it to other Persons; 
 16. “Non-exclusive license” means a license that that does not prevent the owner of the object of the 
industrial property from using it or licensing it to other persons. 
 
17. “Court” means the District Court of Tirana.   
PART II 
PATENTS FOR INVENTIONS AND 
UTILITY MODELS 
 
CHAPTER I 
PATENTABILITY OF INVENTIONS 
 
Article 5 
Patentable Inventions 
 
1. Patents shall be granted for inventions, in a ll fields of technology, provided that they are: 
 
a) new; 
 
b) involve an inventive step; and  c) are susceptible of industrial application. 
 
2. The following in particular shall not be regarded  as inventions within the meaning of paragraph 1: 
 
a) discoveries, scientific theories and mathematical methods;  b) aesthetic creations;  IP/N/1/ALB/I/2 
 Page 5 
 
 
   
c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;  ç) presentations of information. 
 
3. Paragraph 2 shall exclude patentability of the s ubject-matter or activities referred to therein only to 
the extent to which a patent application or a patent  relates to such subject-matter or activities as such. 
 4. The subject-matter of an invention protected by a patent may be a product or a process.  
 
5. Biotechnological inventions shall also  be patentable if they concern: 
 
a) biological material which is isolated from it s natural environment or produced by means of 
a technical process even if it pr eviously occurred in nature; 
 
b) plants or animals if the technical feasibility of  the invention is not confined to a particular 
plant or animal variety;  c) microbiological or other technical process, or a product obtained by means of such a 
process other than a plant or animal variety; 
 
ç) an element isolated from the human body or  otherwise produced by means of a technical 
process, including the sequence or partial seque nce of a gene, may constitute a patentable 
invention, even if the structure of that element is identical to that of a natural element. The 
industrial application of a sequence or a partial sequence of a gene must be disclosed in the 
patent application. 
 
Article 6 
Exceptions to patentability 
 
Patents shall not be granted in respect of: 
 
1. Inventions the commercial exploitation of which would be contrary to public order, morality or 
public health and human life; such exploitation may be  deemed to be so contrary even if it is not 
prohibited by law or regulation. On this basis, the following, in particular, shall be considered 
unpatentable: 
 
a) processes for cloning human beings;  b) processes for modifying the germ line genetic identity of human beings;  c) uses of human embryos for industrial or commercial purposes; 
 
ç) processes for modifying the genetic identity of animals which are likely to cause them 
suffering without any substantial medical benefit to man or anim al, and also animals resulting 
from such processes. 
 
2. Plant or animal varieties or essentially biological  processes for the production of plants or animals, 
without prejudice to the patentability of inventions which concern a microbiological or other technical 
process or a product obtained by means of such a process;  IP/N/1/ALB/I/2 
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  3. The human body, at the various stages of its fo rmation and development, and the simple discovery 
of one of its elements, including the sequence or partial sequence of a gene. 
 4. Methods for treatment of the human body or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body; this provision shall not apply to products, in 
particular substances or compositions, for use in any of these methods.   
 5. Substances obtained through internal nuclear transformations for military purposes.  
Article 7 
Novelty 
 
1. An invention shall be considered to be new if it does not form part of the state of the art.  2. The disclosure of a document or any kind of disc losure must be considered in isolation when 
assessing novelty. 
 3. Irrespective of paragraph 2 of this article, f eatures of a second document may be combined with 
those of a first document when assessing novelty, if th e first document contains a specific reference to 
these features and the features unequivocally form part of the invention.  
4. The state of the art shall be held to comprise ev erything that has been made available to the public 
by means of a written or oral description, by use, or in any other way, before the date of filing of the 
patent application or before the earlier filing da te of the application when priority is claimed 
according to article 24 of this Law, which he reafter, shall be called the priority date. 
 
5. The state of the art shall also include the content of patent applications as  filed in the Republic of 
Albania or valid for Albania, whose filing date or prio rity date is earlier than the date referred to in 
paragraph 4, to the extent that they have been published by the GDPT under article 26 on or after that 
date.  
Article 8 
First and Further Medical Use 
 
1. The provisions of article 6 shall not exclude the patentability of any su bstance or composition, 
comprised in the state of the art,  for use in a surgical or diagnostic method or in a method of 
therapeutical treatment, provided that its use for any such method is not comprised in the state of the 
art. 
 2. The provisions of article 6 shall also not exclud e the patentability of any substance or composition 
referred to in paragraph 1 for any specific use in a surgical or diagnostic method or in a method of 
therapeutical treatment, provided that such use is not comprised in the state of the art. 
 
Article 9 
Inventive Step 
 
1. An invention shall be considered to involve an in ventive step if, taking into account the state of the 
art, it is not obvious to a person skilled in the art. 
 
2. If the state of the art includes documents, within the meaning of paragraph 5 of article 7 of this 
Law, these documents shall not be considered in d eciding whether there has been an inventive step. 
  IP/N/1/ALB/I/2 
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  Article 10 
Applicability in Industry and Agriculture 
 
1. An invention shall be considered applicable in industry when it can be made or used in any kind of 
industry, including agriculture. 
 
2. The industrial application of a sequence or a par tial sequence of a gene must be disclosed in the 
patent application.  
Article 11 
Period of Immunity 
 
1. The disclosure of information that would affect the patentability of an invention shall not be taken 
in consideration, if it occurred no earlier than 6 mont hs preceding the filing date or the priority date of 
the claimed invention, when: 
 
a) the publication is made by the applicant or his predecessor in title;  b) the publication is made by a third party who has received the information directly or 
indirectly from the applicant or his predecessor in title;  
c) the applicant or his legal predecessor has displa yed the invention at an official, or officially 
recognized, international exhibition;  ç) the publication is made by an office and the information is found: 
 
i) in another application filed by the ap plicant or his predecessor in title and which 
should not have been published by the office;  ii) in an application filed by a third pa rty without the knowledge and the permission 
of the applicant or his predecessor in title , although the party received the information 
directly or indirectly from the applicant or his predecessor in title. 
 
2. In the case of paragraph 1(c), paragraph 1 shall apply only if the applicant states, when filing the 
patent application with GDPT that the invention has been so displayed and files a supporting certificate within the time limit and under the conditi ons laid down in the Implementing Regulation. 
 
 
CHAPTER II 
THE RIGHT TO A PATENT 
 
Article 12 
The Right to Apply for a Patent 
 
A patent application may be filed by any Person, or any body equivalent to a legal person by virtue of 
the law governing it. A patent application may also  be filed by two or more joint applicants. 
 
Article 13 
The Right to a Patent 
 
1. The right to a patent shall belong to the invent or or his successor in title. Joint applicants shall have 
equal rights between them, except for cases when they  have reached another agreement on this issue. 
 IP/N/1/ALB/I/2 
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  2. If two or more applications have been filed fo r the same invention by different Persons, and when 
they have made the invention indepe ndently of one another, then the ri ght to the patent shall belong to 
the applicant whose application bears the earliest fili ng date or where applicable, the earliest priority 
date, provided that this first application has been published.  
Article 14 
Patent Applications by Persons No t Having the Right to a Patent 
 
1. If by a final decision it is adjudged that a Person other than the applicant is  entitled to the grant of 
the patent that Person may: 
 
a) prosecute the patent application as his own application in place of the applicant;  
 b) file a new patent application in respect of the same invention, or  
c) request that the patent application be refused. 
 2. Article 23 shall apply mutatis mutandis to a new application filed unde r paragraph 1(b) of this 
article.  
Article 15 
Invention by an Employee 
 
1. If an invention is made in the framework of a work contract or agreement:  
a) the right to the patent shall belong to the Person who ordered it or to the employer, except 
when it is provided otherwise in the contract; 
 b) when the invention has an economic value mu ch higher than what the parties contemplated 
at the time of concluding the employment c ontract, the employee shall have the right to 
special compensation. In the absence of an agreement between the parties, the amount of 
compensation shall be determined by the court. 
 
2. When an employee whose work contract does not  obligate him to deal with inventive activity 
makes an invention, using data and other means th at were made known through his employment in the 
field of activity of the employer:   
a) the right to a patent for this invention sh all belong to the employee, except for cases when 
within a four month period from the date on wh ich the report according to paragraph 2(b) of 
this article is submitted to the employer, or from the date when the employer is notified of the 
invention in other ways, whichever date is earlier, the employer notifies the employee by 
means of a written declaration of his interest in the invention;  
b) the employee who has made an invention in c onformity with paragraph 2(a) of this article 
shall immediately submit a written report about the invention to the employer;  c) if within the period defined in paragraph 2(a) of this article the employer makes a 
declaration expressing interest in the invention, then the right to the patent shall belong to 
him, from the beginning. The employee shall have the right to compensation, depending on 
his pay, the economic value of the invention and the profit that the employer receives from the invention. If the parties do not agree, the amount of compensation shall be set by the 
court. 
  IP/N/1/ALB/I/2 
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  3. Every contract that is less favorable to the inve ntor than the provisions of this article shall be 
considered invalid.  
Article 16 
Name of the Inventor 
 
1. In every publication of the GDPT in which patents or patent applications are published, it shall be 
obligatory to mention the name of the inventor or inventors.  2. The name of the inventor shall be mentioned unless he informs the GDPT in writing that he has 
waived his right to be mentioned. 
  
CHAPTER III 
APPLICATIONS AND PROCEDURES FOR ISSUANCE OF A PATENT 
 
Article 17 
Requirements of an Application for a Patent 
 
1. A patent application shall contain:  
a) request for the grant of the patent; 
 b) a description of the invention;  c) one or more claims; 
 
ç) drawings, referred to in the description or the claims;  d) an abstract;  dh) a priority document if priority is claimed 
 
2. The application shall designate the inventor or, wh ere there are several inventors, all of them. If the 
applicant is not the inventor or is not the sole  inventor, the designation shall contain a statement 
indicating the origin of the right to the patent.  
3. The application shall be subject to the payment of the set fees. 
 4. The application shall meet all the conditi ons defined in the implementing regulation. 
 
Article 18 
Date of Filing 
 
1. The date of filing of the patent application shall be the date when the application together with the 
necessary documentation is filed with the GDPT. The necessary documentation contains: 
 
a) an indication showing that the elements of the documentation constitute an application as 
specified in the implementing regulation; 
 b) indications that identify the applicant and that enable contacts with him;  IP/N/1/ALB/I/2 
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  c) a document describing the invention or a refere nce to a previously filed application. In the 
case of a reference to a previously filed appli cation, the reference shall state the filing date 
and number of that application. Such reference shall indicate that it replaces the description and any drawings. 
 
2. The indications mentioned in paragraphs 1(a) and (b) of this article shall be filed in the Albanian 
language, while the document mentione d in paragraph 1(c) of this ar ticle may also be submitted in 
foreign languages, on the condition that a translation into the Albanian language shall be filed within 
two months from the date of  filing of the application. 
 
3. If a date of filing cannot be accorded following  the examination under the precedent paragraphs, 
the application shall not be dealt with as patent application.  4. In conformity with paragraphs 1 and 2 of this  article, the GDPT shall determine the date of filing 
and without delay shall notify the applicant. 
 
Article 19 
Disclosure of the Invention 
 
1. The disclosure of the invention in the patent application shall be clear and shall contain the 
necessary information for a person skilled in  the art to be able to carry it out. 
 
2. If the invention involves the use of or concerns biological material which is not available to the public and that cannot be described in the applicati on, in order to make it possible for a person skilled 
in the art to carry it out, the application would ha ve to be accompanied by the filing of the necessary 
materials at an appropriate institution designated for this purpose. 
 
Article 20 
The Claims 
 
1. The claims shall define the matter for which protection is sought.  
2. The claims shall be clear, concise and s upported by the description of the invention. 
 3. The claims shall be presented in the manner defined in the implementing regulation.  
Article 21 
Abstract 
 
The abstract shall serve only to give technical in formation. It may not be taken into account for any 
other purpose, in particular for interpreting the scope  of the protection sought or applying article 7(5) 
of this law.  
Article 22 
Unity of the Invention 
 
1. The unity of the invention shall relate to the s ubmission in the application of a single invention or a 
group of inventions, related so as to form t ogether a single general inventive concept. 
 
2. Failure to comply with the requirement of unity  of invention shall not be a ground for invalidation 
(revocation) of a patent.   IP/N/1/ALB/I/2 
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  Article 23 
Divisional Application 
 
1. The applicant of the earlier application may divide  it into two or more separate applications, on the 
condition that each of them shall not extend beyond the content of the earlier application as filed. 
 
2. Each divisional application shall be deemed to have  been filed on the filing date or the priority date 
of the earlier application.  3. The documents of priority and all necessary tran slations that were presented in the GDPT for the 
earlier application shall be valid fo r all the divisional applications. 
 
Article 24 
The Right to Priority 
 1. An application filed with GDPT may contain a declaration claiming priority and shall enjoy a right 
of priority if it is equivalent to one or more earlie r and regular national filing, filed by the applicant or 
by his successor in title:  
a) under the national law of a member state of Paris Convention;  
b) under the national law of a member of World Trade Organization. 
 c) A regular national filing shall mean any filin g that is sufficient to establish the date on 
which the application was filed, whatever  the outcome of the application may be. 
 
2. When the application has the declaration menti oned in paragraph 1 of th is article, the GDPT shall 
ask the applicant within a three-month time period after the filing of the application to deliver a 
certified copy of the earlier application.  3. The right of priority shall have the effect that th e date of priority shall count as the date of filing of 
the patent application. 
 
4. When the GDPT observes that the requirements of th is article have not been met, it shall notify the 
applicant to correct the deficiencies within the tim e period defined in the implementing regulation. If 
the deficiencies are not remedied in due time, the declaration shall be invalid.  
5. The application filed with GDPT shall enjoy a righ t of priority from the date of filing of the first 
application with the condition that the application with GDPT is filed within a period of 12 months 
from the date of filing of the first application. This period shall start from the date of filing of the first 
application; the day of filing shall not be included in the period. If the last day of the period is a 
holiday, the period shall be extended until the first following working day.  
6. When the product or products that the invention contains have been presented for the first time in 
an official exposition or in an activity recognized as such, priority may be claimed from the date of 
introduction of the goods into the exhibition.  7. The testimony of an exposition of the products that  the invention contains will be submitted in the 
form of a certification issued by the responsible authorities of the exposition in which the date when 
the invention was presented for the first time is noted.  IP/N/1/ALB/I/2 
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  Article 25 
Changes and Corrections 
Withdrawal of an Application 
 
1. Formal changes and corrections in the applica tion can be made on the applicant's own initiative or, 
on request of the GDPT, up to the date of grant of  the patent, subject to the payment of a fee. 
 2. The applicant shall have the right to withdraw the application at any time before the patent is 
granted, with a request in writing directed to the GDPT.  
3. The withdrawal of a patent application shall be  done only by unanimous decision of all the joint 
applicants.  
Article 26 
Publication of Patent Applications 
 
1. The GDPT shall publish all patent applications file d with it in conformity with article 18 of this 
Law:  
a) The GDPT shall publish every application file d with it as soon as possible, after the end of 
a time period of 18 months from the date of fili ng or, when there is a claim for priority, from 
the priority date. Nevertheless when the appli cant requests in writing before the end of the 18 
month time period that the application be publis hed prematurely, the GDPT shall publish it in 
the nearest publication.  b) The publication of the patent application shall be done in the manner defined in the 
implementing regulation. 
 2. The GDPT shall not publish applications if they ha ve been withdrawn or refused before the end of a 
time period of 18 months, which begins from the date of filing or, when there is a claim for priority, 
from the priority date of the application.  
3. The GDPT shall publish the patent application at the same time as the specification of the patent, 
when the decision to grant the patent  becomes effective before the expi ry of the period referred to in 
paragraph 1(a) of this article.  4. Immediately after the decision to grant the pa tent, the GDPT shall publish it together with the 
specification, in conformity with the implementing regulation. Inventions co nsidered "state secret", 
will be handled by separate provisions of this regulation.   
Article 27 
Rights Conferred by the Publication of a Patent Application 
 The publication of a patent application shall provisiona lly confer the applicant the same rights that the 
publication of the respective patent would give.  
Article 28 
Examination of the Application and Grant of the Patent 
 
1. After verifying that the application filed is in c onformity with articles 17, 18, 19, 20, 21, 22 and 24 
of this Law, the GDPT shall grant the respective pate nt, subject to the payment of the relevant fee. 
  IP/N/1/ALB/I/2 
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  2. If the application does not meet, or partially meet s, the requirements of paragraph 1 of this article, 
the GDPT shall notify the applicant, who, within a th ree months period, shall correct the deficiencies. 
If the deficiencies are not corrected in due time, th e application shall be rejected and the GDPT shall 
notify the applicant of this decision.  
3. A decision taken in conformity with paragraph 2 of  this article may be appealed to the appeal board 
of the GDPT within a three months period from the da te of receipt of notification, subject to the 
payment of a fee. The decision of the appeal board may be appealed to the court within a period of 
30 days from the date of receipt of notification.  
4. The GDPT shall not make a substantive examination of the invention, in conformity with articles 5, 
6, 7, 9 and 10 of this Law. Therefore, the pate nt granted by GDPT shall have legal effect only if 
within 10 years from the filing date, the patent’s owner files an examination report issued by an 
institution authorized in substantial examination of inventions, otherwise the patent shall be 
considered invalid. 
 
5. Immediately after a decision to grant the patent, the GDPT shall publish it as provided in 
article 26 (4) of this Law.  
Article 29 
Patent Register 
 
1. The GDPT shall keep a register of patents in wh ich all patent applications  that are published shall 
be registered. No entry shall be made in the Pate nt Register before the publication of the patent 
application. Granted patents shall be registered according to the registration number.  
2. All facts and information that are related to the patent shall be registered in the patent register, 
according to the manner defined in the provisions of  this Law and in the implementing regulation, as 
well as corrections, additions, changes of ownershi p and other data that the GDPT is obligated to 
register according to this Law.  3. An excerpt of the patent register shall be a declarative ( prima facie ) document for all information 
noted in it, in conformity with the provisions of this Law. 
 4. The GDPT shall issue certified copies of various notes made in the patent register for every Person 
who is interested, subject to the payment of a fee.  
Article 30 
Inspection of the Files 
 
1. The patent register shall be open for public inspec tion, in conformity with the rules defined in the 
implementing regulation.  
2. Files relating to a patent application that are not published cannot be inspected without the consent 
of the applicant.  3. After publication of the patent application, the files may be inspected, always in conformity with 
the provisions of this Law. 
 
4. Any Person who can prove that the applicant has invoked the rights under the patent application 
against him may obtain inspection of the files before  the publication of that application and without 
the consent of the applicant.  IP/N/1/ALB/I/2 
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  Article 31 
Inventions Related to the Defense and Security 
 
1. The requirements for inventions related to th e defense and security of the country shall be 
considered “state secret” and shall be filed with th e Ministry of Defense. The Ministry of Defense and 
the GDPT shall classify a patent application as a "sta te secret" no later than five months after all 
necessary information on the patent application is  available and a date of filing is accorded. 
 2. When the GDPT considers a patent application as a “state secret,” it shall notify the applicant, who, 
within the time period defined in the impl ementing regulation, shall state whether: 
 
a) he agrees with the evaluation of the GDPT, th e application shall be sent to be examined in 
the Ministry of Defense;  b) he does not accept the evaluation of the GD PT and proves the contrary with evidence, 
which is accepted, then the GDPT shall begin th e procedure for examination and issuance of a 
patent in conformity with the provisions of this Law;  c) he does not accept the evaluation of the direct orate and fails in bringing evidence, then the 
GDPT shall send the application to the Ministry of Defense to be examined. 
 
3. If the Ministry of Defense judges that the inven tion should not be considered a “state secret” and it 
is de-classified, it shall return the application to the GDPT, which shall treat it in conformity with the 
provisions of this Law.  4. When an invention that is a “state secret” is not evaluated any more as such, the Ministry of 
Defense shall send the complete file of the patent to the GDPT, which shall register it in the patent 
register, grant the patent and publish the specificati on according to paragraph 5 of article 28 of this 
Law.  5. All secret patent applications and secret patents shall be treated according to special rules provided in the rules of GDPT and in the Law and other su b statutory acts for information classified “state 
secret.” 
 6. Natural and legal Albanian nationals may ask for patents for “state secret” inventions outside the 
Republic of Albania only with the approval of the Directorate of the Security of Classified 
Information (DSCI). 
 
7. In the case of inventions made in Albania, pa tents may not be applied for in any foreign country 
until 5 months have elapsed after the patent has been  applied for at the GDPT. When the inventor is 
usually residing in Albania, unless there is  evidence to the contrary, the invention 
shall be deemed to have been made in Albania. 
 
8. The Minister of Defense shall be charged with issuing the respective instructions for “state secret” 
patents, in which the procedures and authorities responsible for examining them are defined. 
 
Article 32 
Exploitation of Secret Patents 
 
1. The Ministry of Defense shall have  the right to exploit secret patents. 
 2. The applicants or the owner of a patent that is secret shall be compensated by the Ministry of 
Defense.  IP/N/1/ALB/I/2 
 Page 15 
 
 
   
3. An agreement between the parties shall be entered into for the amount of the compensation 
mentioned in paragraph 2 of this article. If an agre ement is not reached, the applicant or the owner of 
the patent shall have the right to turn to the court to set the amount.  
4. Assignment contracts of secret patents shall be en tered into and shall be va lid only after approval in 
writing from the Ministry of Defense, the Ministry of Interior or the State Information Service. 
 5. Licensing agreements of secret patents shall be en tered into and shall be va lid only after approval in 
writing from the Ministry of Defense, the Ministry  Interior or the State Information Service. 
 
Article 33 
Oppositions to the Grant of a Patent 
 
1. Every Person shall have the right, within nine m onths from the date of publication of the grant of a 
patent, to file an opposition to the grant of the pate nt with the appeal board of the GDPT, subject to 
the payment of a fee.  2. An opposition to the grant of a patent may be made when it was granted contrary to the requirements of articles 13, 17, 18, 19, 20, 21, 22 and 24 of this Law.  
3. A copy of the opposition shall be sent, according to  paragraph 1 of this article, to the owner of the 
patent, who shall be entitled to file  observations within three months from the date of receipt of the 
notification.  4. The appeal board shall assess the opposition reque st. Each party to the opposition procedure shall 
have the right to take part in the procedure and to  submit its arguments orally or in writing within a 
period to be fixed by the appeal board.  5. In conformity with the results of the assessmen t, the appeal board shall take a decision for the 
revocation of the patent or for the rejection of the opposition request.  
6. The decision of the appeal board may be appealed  by the parties before the court within 30 days 
from the date of receipt of the decision.  
Article 34 
Further processing of the patent application 
 
1. If an applicant fails to observe a time limit vis-à-vis the GDPT, he may request further processing 
of the application.  2. The GDPT shall grant the request, provided that the requirements laid down in the implementing 
regulation are met. Otherwise, it shall reject the request. 
 
3. If the request is granted, the legal consequences of the failure to observe the time limit shall be 
deemed not to have ensued.  4. Further processing shall be ruled out in respect of the time limits in article 24 of this Law, as well 
as the time limits for requesting further pro cessing or the re-establishment of rights. The 
implementing regulation may rule out fu rther processing for other time limits. 
 IP/N/1/ALB/I/2 
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  Article 35 
Re-establishment of rights 
 
1. An applicant for or proprietor of  a patent who, in spite of all due  care required by the circumstances 
having been taken, was unable to observe a time  limit vis-à-vis the GDPT shall have his rights 
reestablished upon request if the non-observance of th is time limit has the direct consequence of 
causing the refusal of the patent application or of a request, or the deeming of the application to have 
been withdrawn or the loss of any other right or means of redress.  2. The GDPT shall grant the request, provided that  the conditions of paragraph 1 and any other 
requirements laid down in the implementing regulation are met. Otherwise, it shall reject the request. 
 3. If the request is granted, the legal consequences of the failure to observe the time limit shall be 
deemed not to have ensued.  
4. Reestablishment of rights shall be ruled out  in respect of the time limit for requesting 
reestablishment of rights. The implementing regulati on of this Law may rule out reestablishment for 
other time limits.  5. Any Person who has in good faith used or made effective and serious preparations for using an 
invention which is the subject of a published patent application or a patent in the period between the 
loss of rights referred to in paragraph 1 and publica tion in the Gazette of the GDPT of the mention of 
reestablishment of those rights, may without payment continue such use in th e course of his business 
or for the needs thereof.   
CHAPTER IV 
EFFECTS OF A PATENT 
 
Article 36 
The Rights Conferred by a Patent 
 1. When a patent is related to a product, the owne r of the patent shall have the exclusive right to 
prohibit any third party from performing the followi ng actions without his authorization: making, 
using, offering for sale, selling, stocking  or importing for these purposes that product. 
 2. When the patent is related to a process, the owne r of the patent shall have the exclusive right to 
prohibit third parties from performing the following actions without his authorization:  
 
a) to use the process that constitu tes the subject of the patent; 
 b) to use, offer for sale, sell, stock or im port for these purposes at least the product obtained 
directly by that process. 
 
3. The owner of a patent has the right to assign and to  transfer the patent to his successors in title, as 
well as to make license agreements on the patent.  
Article 37 
Prohibition of indirect use of the invention 
 
1. The owner of a patent shall have the right to impe de third parties, other than those who have gained 
the right to use the invention for which the patent was granted, from supplying or offering to supply to 
a Person, other than one entitled to exploit the pa tented invention, means relating to an essential  IP/N/1/ALB/I/2 
 Page 17 
 
 
  element of the invention, for putting it into eff ect therein, when the third party has knowledge, or 
when from the circumstances it beco mes clear that those means are suitable and intended for putting 
that invention into effect.  2. This provision shall not apply if these means ar e staple commercial products, except when the third 
party induces the Person supplied to co mmit acts prohibited by article 36. 
 
Article 38 
Limitation of the Effects of the Patent 
 The rights conferred by the patent shall not extend to: 
 
a) acts performed privately, not for commercial purposes;  b) acts performed merely for experimental purposes relating to the subject matter of the 
invention; 
 c) the extemporaneous individual preparation of a medicine in a pharmacy according to a 
medical prescription or with other processes that lead to its preparation.  ç) the use on board vessels of other countri es of the Paris Union of devices forming the 
subject of the patent in the body of the vessel, in the machinery, tackle, gear and other 
accessories, when such vessels temporarily or accidentally enter Albanian waters, provided 
that such devices are used there excl usively for the needs of the vessel; 
 d) the use of devices forming the subject of the patent in the construction or operation of 
aircraft or spacecraft or land vehicles of other countries of the Paris Union, or of accessories 
of such aircraft or land vehicles, when those aircraft or spacecraft or land vehicles temporarily enter Albania;  dh) biological material obtained from the propagation or multiplication of biological material placed in the market by the holder of the patent  or with its consent, where multiplication or 
propagation necessarily results from the applica tion for which the biological material was 
marketed, provided that the material obtained is  not subsequently used for other propagation 
or multiplication.  e) the use by a farmer of the product of hi s crop for propagation or multiplication on his own 
holding, provided that the reproductive vege table material was sold or otherwise 
commercialized by the holder of the patent or with his consent to the farmer, for agricultural 
purposes.  ë) the use by a farmer of protected livest ock for farming purposes, on condition that the 
breeding animals or other animals reproduc tive material was sold or otherwise 
commercialized to the farmer by the holder of the patent or with his consent. Such use 
includes the provision of the animal or other animal reproductive material for the purposes of his agricultural activity, but not the sale as part of or for the purpose of commercial 
reproductive activity. 
 IP/N/1/ALB/I/2 
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  Article 39 
Exhaustion of rights 
 
The rights conferred by a patent shall not extend to  acts committed in the Republic of Albania with 
regard to a product protected by the patent after the said product has been put on the market in the 
Republic of Albania by the patent's owner or with his consent. 
 
Article 40 
Time Extent of a Patent 
 1. The time extent of a patent shall be 20 years from the filing date of the application. 
 2. The grant of supplementary protection certifi cates for medicinal products and plant protection 
products is subject to the requirements provided in Chapter XVI of this Law . 
 
Article 41 
Renewal fees 
 
1. The maintenance of the patent shall be cond itioned on the payment of an annual renewal fee. 
 2. The renewal fee for the patent shall be due on the last day of the month containing the anniversary 
of the date of filing of the patent application, star ting from the first year after the grant of the patent. 
 3. If the renewal fee is not paid in due time, it may s till be paid within six months after the last day of 
the month containing the anniversary of the date of f iling of the patent application, provided that an 
additional fee is also paid within that period. 
 
4. If paragraphs 1 and 2 of this article are not co mplied with, the patent sh all be deemed to have 
lapsed on the day when the rene wal fee is due to be paid. 
 
Article 42 
Extent of Protection and Interpretation of the Claims 
 
1. The extent of protection conferred by a patent sh all be determined by the claims. Nevertheless, the 
description and the drawings shall be  used to interpret the claims. 
 2. For the purposes of determining the extent of pr otection conferred by a patent, due account shall be 
taken of any element which is equivalent to an element specified in the claims. 
 
Article 43 
Prior Users 
 
1. The rights conferred by a patent shall have no effect on Persons who within the territory of the 
Republic of Albania, have used the invention or  are in the process of serious and effective 
preparations for its use, before the filing date of th e application, or, in cases when priority is claimed, 
before the priority date. These Persons shall have th e right to continue use or preparations for use. 
 2. The right of prior use may be transferred, with th e enterprise or company, or with that part of the 
enterprise or company where the use or th e preparations for use have been made. 
   IP/N/1/ALB/I/2 
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  CHAPTER V 
CHANGE OF OWNERSHIP AND JOINT OWNERSHIP IN THE  
APPLICATION FOR A PATENT OR A PATENT 
 
Article 44 
Change of Ownership of the Application  
for a Patent or of the Patent 
 
1. Every contract assigning a patent application or a patent shall be made in writing and signed by the 
contracting parties. Otherwise, it shall be considered invalid. 
 
2. Every change in ownership of a patent applicatio n or a patent shall be s ubject to the payment of a 
fee. In case of a change in ownership of a patent, th e change shall be registered in the register of 
patents. The owner of the patent shall have the right  to begin a judicial proceeding for that patent only 
if the change of ownership has been registered in  the patent register. The GDPT shall publish changes 
in the ownership of patents. 
 3. The transfer or assignment of a patent application or a patent shall have effects vis-a-vis third 
parties only after entry in the Patent Register. Nevert heless, such an act, before it is so entered, shall 
have effects vis-a-vis third parties who have acquire d the rights concerning the patent after the date of 
that act but who knew of the act at the date on which the rights were acquired. 
 
Article 45 
Joint Ownership in a Patent Application or a Patent 
 
1. If two or more applicants submit a patent applica tion jointly, each of them shall have the right to 
separately transfer his part of the application. Th e entering into of a licensing agreement with third 
parties shall be done only by unanimous decision of all the joint applicants. 
 2. When there are joint owners of a granted patent, th e transfer of the patent and the entering into of a 
licensing agreement with third parties shall be done onl y by unanimous decision of all the joint patent 
owners. Each of the joint owners shall have the ri ght, without the approval of  the other joint owners, 
to begin a judicial process for a violation of the patent rights against a Person who is infringing the 
patent. The use of the invention by one of the join t owners does not require the approval of the others. 
 3. The provisions of this article shall be applicable  only when an agreement to the contrary does not 
exist. 
 
 
CHAPTER VI 
LICENSING AGREEMENT 
 
Article 46 
Licensing Agreement 
 
1. A licensing agreement shall be made in written and shall be signed by the parties. Otherwise, it 
shall be considered invalid.  
2. The object of the licensing agreement may be a patent application or a patent.  
 3. The license shall be registered in the patent regi ster subject to the payment of a fee. The licensor 
shall have the right to bring a judicial proceeding fo r a licensing agreement only if it is registered in 
the patent register. IP/N/1/ALB/I/2 
Page 20  
 
   
4. The licensing of a patent applica tion or a patent shall have effects vis-a-vis third parties only after 
entry in the Patent Register. Nevertheless, such an  act, before it is so entered, shall have effects vis-a-
vis third parties who have acquired the license rights c oncerning the patent after the date of that act 
but who knew of the act at the date on which the rights were acquired. 
 
5. If the owner of a patent does not pay the relevant fee in conformity with article 41 (1) of this Law, 
and a license in favor of a third Person is entere d in the Patent Register, the GDPT shall notify the 
licensee that the fee has not been paid and that he may pay the fee within six months from the date of 
notification, in order to keep the validity of th e license registered. In case of a disagreement about 
securing the registered rights of the licensee, the court may decide that the patent shall be transferred 
to the licensee.  
Article 47 
The Rights of the Licensee 
 
1. A licensing agreement shall confer to the license e all the rights defined in article 36, and it shall 
extend to the entire territory of the Republic of Albania and to every application of the invention, unless provided otherwise in the licensing agreement.  2. The licensee shall not have the right to allow third parties to perform the actions defined in 
article 36 of this Law, unless provided otherwise in the licensing agreement. 
 
Article 48 
The Rights of the Licensor 
 1. If the licensing agreement is exclusive, both th e licensor and third parties are prevented from 
performing the rights defined in article 36 of this Law.  2. In the absence of any provision to the contra ry, the licensing agreement shall be nonexclusive. If 
the licensing agreement is non-exclusive, the licenso r may allow other licensees to perform the rights 
defined in article 36, and shall not be prevented from performing them himself. 
 
Article 49 
Licenses of right 
 
1. If the owner of a patent informs the GDPT in writin g that he is ready to allow any Person to use the 
invention as a licensee in return for appropriate co mpensation, the renewal fees which fall due after 
receipt of the statement shall be reduced according to the provisions of the implementing regulation of 
this Law.  2. The written statement mentioned in  paragraph 1 of this article ma y be withdrawn by the owner of 
the patent at any time, by a written notification dir ected to the GDPT, on the condition that no Person 
shall have notified the owner of the patent  of an intention to use the invention. 
 3. The written statement mentioned in paragraph 1 of  this article shall not be valid for as long as an 
exclusive license is registered in the patent register  or a request for the recording of such a license is 
before the GDPT. 
 
4. On the basis of the statement, any Person sh all be entitled to use the invention as a licensee in 
conformity with the conditions defined in the impl ementing regulation and shall be obligated, at the 
end of every calendar year, to give the owner of the patent data about the manner of its use and to pay  IP/N/1/ALB/I/2 
 Page 21 
 
 
  the respective compensation. A license obtained under the terms of this article shall be treated as a 
contractual license. 
 
 
CHAPTER VII 
COMPULSORY LICENSES 
 
Article 50 
Compulsory Licenses 
 1. On request, the court is entitled to grant a com pulsory license to any Person who can demonstrate 
the capability to exploit the invention which is the su bject-matter of the granted patent in the Republic 
of Albania when he meets all the requirements defi ned in the implementing regulation of this Law, 
provided that:  
a) four years have expired from the filing of th e application and three years have expired from 
the grant of the patent;  b) the patent owner has not exploited the patent  on reasonable terms or has not made effective 
and serious preparations to do so, unless he provi des legitimate reasons to justify his inaction. 
 
c) the Person requesting the compulsory license has made efforts to obtain authorization from 
the patent owner on reasonable commercial terms and conditions, and if such efforts have not 
been successful within a reasonable period of time. 
 2. On request, the court is entitled to grant a compul sory license in respect of a first patent to the 
owner of a subsequent patent who cannot use his patent without infringing the first patent, provided 
that the invention in the second patent involves an  important technical advance of considerable 
economic significance in relation to the invention claimed in the first patent. In the case of a compulsory license in respect of a dependent patent, the owner of the first patent shall be entitled to 
use the subsequent patented invention on reasonable terms.  
3. On request, the court is entitled to grant a compulsory license in respect of patents and 
supplementary protection certificat es relating to the manufacture a nd sell of pharmaceutical products, 
when such products are intended for export to importi ng countries in need of such products in order to 
address public health problems, subject to the implementing regulation.  
4. The type of use covered and the conditions to be met shall be specified by the court. The following 
conditions shall apply:  
a) The scope and duration of the exploitation shall be limited to the purpose for which it was 
authorized;  
b) The exploitation shall be non-exclusive; 
 c) The exploitation shall be non-assignable. In th e case of a compulsory license in respect of a 
dependent patent, the exploitation authorized in  respect of the first patent shall be non-
assignable except with the assignment of the second patent. 
 
ç) The amount of products manufactured under the license shall not ex ceed what is necessary 
to meet the needs of the importing country or countries cited in the application, taking into account the amount of products manufactured under other compulsory licenses granted elsewhere. IP/N/1/ALB/I/2 
Page 22  
 
   
5. The exploitation shall be authorized, above all, to supply the market of the Republic of Albania, 
except in the case provided in paragraph 3 of this article.  6. A compulsory license shall be valid until the end of the time period designated by the court or until 
the end of the term of the patent. However, the court may, on reasoned request, decide to cancel the 
authorization, subject to adequate protection of the legitimate interests of the Persons so authorized, if 
and when the circumstances which led to it cease to exist and are unlikely to recur. 
 7. Compulsory licenses shall be registered in the patent register. 
 
8. The owner of the patent shall be entitled to ad equate compensation for a compulsory license, taking 
into account the economic value of the authorizatio n. When the parties do not agree, the amount of 
this compensation shall be set by the court.  
9. The holder of a compulsory license may renounce at it at any time. If the holder does not begin 
exploitation within one year from the final grant of  the compulsory license, the owner of the patent 
may claim for the compulsory license to be modified or annulled.   10. The requirements of paragraphs 1( c) and 5 of this article shall not be applicable when such use is 
permitted to remedy a practice determined after judicial or administrative process to be anti-
competitive. The need to correct anti-competitiv e practices may be taken into account of in 
determining the amount of remuneration in such cases.  The court shall have the authority to refuse 
termination of an authorization if the conditions th at led to such authorization are likely to recur. 
 
Article 51 
Exploitation by the Government or Thir d Parties Authorized by the Government 
 
1. When the interests of essential defense or national security require it, the Minister of Defense or the 
Minister of Health may, even without the approval of  the owner of the patent or the applicant, by a 
notification in the GDPT Gazette, authorize a governme ntal agency or a specific Person to make, use 
or sell the invention for which the patent applicati on was submitted, or the patent was granted, subject 
to payment of equitable remuneration to the owner of the patent or to the patent applicant. The owner 
of the patent or the patent applican t shall be notified as soon as possible. 
 2. An appeal to the court can be taken against the decision of the Minister of Defense or the Minister 
of Health. 
 
 
CHAPTER VIII 
INFRINGEMENTS 
 
Article 52 
Acts that Constitute an Infringement 
 
Any act taken by a Person in violation of articl es 36, 37(1), 47 and 48 of this Law, concerning an 
invention which is the subj ect-matter of a patent or patent appli cation, shall constitute an infringement 
of patent rights. 
  IP/N/1/ALB/I/2 
 Page 23 
 
 
  Article 53 
Procedures in Case of Infringement 
 
1. The owner of a patent or the patent applicant sh all have the right to bring a lawsuit in the court 
against any Person who has infringed or infringes or threatens to infringe the patent or the patent 
application. However, the court ma y not decide on the merits of a case until the grant of the patent has 
been published.  2. When:  
a) the owner of the patent proves that a viola tion has happened or is ha ppening, the court shall 
set the respective compensation and take measures to prevent other violations in conformity 
with the legislation in force;  b) the owner of a patent proves the possibility of  an imminent violation, the court shall order 
the taking of preventative measures, in conf ormity with the legislation in force; 
 c) the application for a patent proves that a violation has been committed or is being 
committed, the court shall order the respective compensation, as well as the taking of measures in conformity with the legislation in force. 
 
3. In addition to the provisions provided for in the Albanian Code of Civil Procedure, when handling 
cases concerning the industrial property rights, cour ts shall also comply with articles included in 
Chapters IX and X of this Law.  4. If the licensee has: 
 
a) an exclusive license, he may bring proceedings  for infringement if the owner of the patent 
or the patent applicant, after formal notice, does not himself bring infringement proceedings within an appropriate period;  b) a non-exclusive license, he may bring proceedin gs for infringement of a patent only if its 
owner or the patent applicant consents thereto. 
 5. The owner of the patent or the patent appli cant shall be entitled to participate in infringement 
proceedings brought by the licensee.  
6. In the event that the infringement proceedings are initiated by the patent owner, the licensee is 
entitled to participate as interested third person.  7. Where the subject-matter of the patent is a pro cess for obtaining a product, unless there is proof to 
the contrary, it shall be presumed that any product with the same characteristi cs has been produced by 
using the patented process. During proceedings to pr ove the contrary, the legitimate interests of the 
defendant shall be taken into account so as to protect  his manufacturing or trade secrets. In the case of 
trade secrets, the GDPT shall act acco rding to the provisions of the le gislation into force concerning 
the trade secrets, during the revocation and surrender proceedings.  8. The right to bring a lawsuit in the court referred to  in this Chapter and in the Chapters IX and X of 
this law shall be barred after three years have elapsed from the date on which the requesting party 
became aware of facts justifying proceedings or s hould have become aware of them and in any case 
after ten years have elapsed from the infringement.  IP/N/1/ALB/I/2 
Page 24  
 
  Article 54 
Declaration of Non-Infringement 
 
1. Any interested party may bring an action before th e court against the owner of the patent in order to 
prove that a particular act does not constitute infri ngement of the patent. The licensee of an exclusive 
license must also be summoned in the court as a de fendant together with the owner of the patent. 
 2. The owner of the patent shall have the duty of notifying the licensees of the proceedings in 
question. The licensees shall have the right to take  part in these proceedings, with the status of 
interested third Person, except when it is said otherwise in the licensing agreement. 
 
3. If a claim for infringement of a given patent h as been filed by the patent owner or the licensee 
against a Person, the latter is entitled to counterclai m that his/her particular act does not constitute 
infringement of the patent.  
4. The action referred to in the present article may be  brought jointly with an action for revocation of 
the patent.   
CHAPTER IX 
PROCEDURE BEFORE THE COURT 
 
Article 55 
Evidence 
 
1. In proceedings before the court, the means of giving or obtaining evidence shall, in addition to 
those provided for by the civil procedures, include even the following: 
 
a) requests for information,  b) production of documents,  
c) inspection, 
 ç) comparative tests or experiments. 
 2. The onus of proof of any facts shall be on the party relying on such facts, unless it is provided 
otherwise in this Law. 
 
Article 56 
Production of evidence by other or third parties 
 
1. Where a party has sufficiently substantiated a cl aim and specified evidence relevant to such claim 
which is in the possession of another party, the court may order the other party to produce such 
evidence.  2. Where a party has sufficiently substantiated a cl aim and specified evidence relevant to such claim 
which is likely to be in the possession of a third party due to its relationship to another party, the court 
may order that third party to produce such evidence.  The Court shall take due account of the interests 
of that third party and shall, before making such or der, give that party an opportunity to present its 
interests unless this is incompatible with an effective enforcement of such order. 
  IP/N/1/ALB/I/2 
 Page 25 
 
 
  Article 57 
Costs 
 
1. In accordance with the Rules of Procedure, the unsuccessful party shall bear  the cost of litigation 
before the court incurred by the other party and the court. The court may order the infringer to pay the 
right holder expenses, including the attorney’s fees. 
 2. Where a party succeeds only in part, or where the circumstances are exceptional, the court may 
order that costs be apportioned equitably or  that the parties bear their own costs. 
 
3. Notwithstanding paragraph 2 of this article, th e court may order a party to bear any costs it has 
unnecessarily caused the Court or another party.  
Article 58 
Rules of the Code of Civil Procedure 
 
The rules of procedure concerning the proceedings having as an object the industrial property rights 
are established by the Code of Civil Procedure and this Law.  
Article 59 
Penalty for non-compliance 
 
The court may order any noncompliance with an orde r of the Court to be sanctioned by a penalty, 
payable to the party mentioned in the order, in compliance with articles 165-169 of the Code of Civil Procedure.  
Article 60 
Injunction 
 
The court may order a party infringing or threateni ng to infringe a patent to cease and desist from any 
act infringing the patent.  
Article 61 
Forfeiture 
 
1. The court may order that goods found to be infri nging be destroyed or otherwise given for charity 
purposes, without compensation of any sort and in such a manner as to prevent any harm to the 
injured party. 
 2. The court may also order that materials and devices used mainly to manufacture infringing goods or carry out an infringing process be destroyed or otherwise given for charity purposes, without compensation of any sort, and in such a manner as to prevent any harm to the injured party. 
 
3. Due account shall be taken by the court of th e need for proportionality between the seriousness of 
the infringing act and the remedies ordered, the willingness of the party concerned to convert the 
materials into a non-infringing state, and the interests of third parties.  
Article 62 
Damages 
 
1. The court may order the party who knowingly, or with reasonable grounds to know, infringes the 
patent, to pay the injured party damages adequa te to compensate for the injury suffered. 
 IP/N/1/ALB/I/2 
Page 26  
 
  2. The court shall have the same power in re spect of a party who caused or tolerated such 
infringement, on the basis of his relationship with th e party infringing the patent, while it was in his 
power to stop it.  3. Regarding the assessment and awarding of damages,  the injured party shall, as far as possible, be 
restored to the position he would have been in if no infringement had ta ken place, and the party 
infringing the patent shall not benefit from the infringement.  4. Damages shall not be punitive.  
Article 63 
Kinds of damages 
 
1. Damages shall compensate for any loss suffered by  the injured party because of any infringing act. 
They shall include, without necessarily being confined to: 
 
a) the profits the injured party would have  made if no such act had taken place, or 
 b) any profits actually made or likely to have been made by the party infringing the patent. 
 2. The court may order the party infringing the patent  to lay open his books to the injured party or to 
such expert as the court may designate. 
 3. If it is impossible or disproportionately difficu lt or costly to establish the real extent of any 
damages under paragraph 1 of this article, the cour t may freely determine the amount of damages to 
be awarded, which shall in any event exceed  the amount of the customary license fee. 
 
4. In awarding damages, the court may also order th e party infringing the patent  to perform, or refrain 
from, certain acts.  
Article 64 
Indemnification of a party 
 
The court may order a party, at whose request me asures ordered by the court were enforced, to 
provide the other party wrongfully enjoined or rest rained with adequate compensation for the injury 
suffered as a result of such enforcement, and to pay his expenses. Article 63 shall apply mutatis 
mutandis. 
 
Article 65 
Limitation of right to claim damages 
 
1. The right to claim damages shall expire thr ee years from the date on which the injured person 
became, or had reasonable grounds to become, aware of the infringing act and the identity of 
infringer. 
 2. The suspension, discontinuance and calculation of the time period mentioned in paragraph 1 of this 
article shall be done in compliance with the provisions of the Code of Civil Procedure.  
Article 66 
Right of information 
 
1. In the context of proceedings concerning an infri ngement of a patent, and in response to a justified 
and proportionate request of the claimant, the court may order that information on the origin and  IP/N/1/ALB/I/2 
 Page 27 
 
 
  distribution networks of the goods which infringe th e patent be provided by the infringer and/or any 
other person who:  
a) was found in possession of the infringing goods on a commercial scale;  
b) was found to be providing on a commercial scale services used in in fringing activities; or 
 c) was indicated by the person referred to in letters “a” or “b” as being involved in the 
production, manufacture or distribution of the goods or the provision of the services. 
 
2. The information referred to in para graph 1 shall, as appropriate, comprise: 
 
a) the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods, as well as the intended wholesalers and retailers; 
 
b) information on the quantities produced, manufac tured, delivered, received or ordered, as 
well as the price obtained for the goods or services in question. 
 3. Paragraphs 1 and 2 shall not apply if:  
a) on the basis of the information available to it, the court has reason to assume that the right 
to information is misused; 
 b) providing the requested information would fo rce the person referred to in paragraph 1 to 
admit to his/her own participation or that of hi s/her close relatives in the infringement of the 
design right; or 
 
c) disclosure of the information cannot be requested pursuant to rules protecting the confidentiality of information sources or the processing of personal data. 
  
CHAPTER X 
PROVISIONAL AND PROTECTIVE MEASURES 
 
Article 67 
General 
 1. The court may order such provisional and prot ective measures as are laid down in this Law and 
may make its orders subject to ot her conditions, in particular secur ities, in accordance with the Code 
of Civil Procedure.  2. The court shall take due account of the likely out come of the proceedings as to the merits and the 
proportionality of the measure requested. 
 
3. Any such measure may be ordered even inaudita altera parte in case of exceptional urgency or if 
the measure could not otherwise be implemented effectively.  4. If no proceedings as to the merits are pending befo re the court at the date on which a provisional or 
protective measure is ordered and if such procee dings are not brought before the court within 
15 calendar days from the day the measure is ordered or such other period as the court specifies, the 
order shall cease to have effect from the day after this time limit expires.  5. Article 64 shall apply mutatis mutandis . IP/N/1/ALB/I/2 
Page 28  
 
   
Article 68 
Preliminary injunctions 
Measures at the border 
 1. Where there is an immediate need to protect an d safeguard a party’s interests, the court may, in 
accordance with the Code of Civil Procedure, issue a preliminary injunction under article 60 of this 
Law.  2. If the owner of a patent submits a complaint a bout goods imported into the Republic of Albania or 
the goods inside the market that violate their rights defined in this law, the customs authorities or the 
authorities responsible for the supervision of internal  market, whichever the cas e, are obliged to make 
the necessary inspection and according to its result, to  decide not to release the goods from the custom 
regime or to remove them from the market and in both cases to store them in  a secure place, except 
when the importer or the seller has authen tic documents about the production of these goods. 
 
3. The owner of a patent is obligated to submit a guaranty for the damage that might be caused by the 
taking of the measures described in point 2 of this article. 
 4. The customs authorities or the authorities respons ible for the supervision of internal market 
immediately notify the importer and the recipient of the goods about the measures taken. 
 
5. The customs authorities or the authorities respons ible for the supervision of internal market 
interrupt the measures determined in point 2 of this article if the owners of the registered geographical 
indication do not file a lawsuit in court for the vi olation of rights within 20 days (working days) from 
the day of the notification of the measures taken by  customs authorities or the authorities responsible 
for the supervision of internal market. 
 
Article 69 
Orders for inspection of property 
 
1. The court may order the inspection of premises and the preservation of evidence that is or may be 
relevant in pending or futu re proceedings before it. 
 2. The order may instruct any person to permit some one specified in the order, or to ensure that 
someone so described, hereinafter referred to as "the executing person", is permitted, to enter 
commercial premises of any infringing party. 
 
3. In accordance with the terms of the order, the executing person may in respect of any goods, 
materials or devices described in the order:  
a) inspect the premises  
b) search for such articles 
 c) make or obtain a copy, photograph, sample or other record of such articles, and  ç) request any information or article and reta in for safe keeping anything described in the 
order. 
   IP/N/1/ALB/I/2 
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  CHAPTER XI 
CHANGES, SURRENDER AND REVOCATION OF PATENTS 
 
Article 70 
Changes to a Patent 
 
1. The owner of a patent shall have the right to ask the GDPT to make changes in a patent for the 
correction of formal unintentional mistakes or inaccuracies. The details about reflecting the corrections are defined in the impl ementing regulation of this Law. 
 
2. The GDPT shall publish the changes made to a patent according to this article. 
 
Article 71 
Surrender of a Patent 
 1. When the owner of a patent seeks to surrender the patent, he shall submit a request in writing to the 
GDPT. The surrender of a patent owned by the jo int owners shall be done only by unanimous 
decision of all of them. This action may also be limit ed to one or more claims submitted in the patent. 
 2. The GDPT shall register the surrender of the patent  in the patent register and publish it in the next 
number of the GDPT Gazette. Surrender shall have no effect until it is entered in the Patent Register. 
 
3. Proceedings for surrender could only start once the relevant third party who has acquired a right to 
the patent is informed.  
Article 72 
Lapse 
 
A patent shall lapse:  
a) 20 years after the date of filing of the application;  
b) if the patent owner surrenders it; 
 c) if a renewal fee and any surcharge have not been paid in due time. 
 
Article 73 
Revocation of a Patent 
 
1. Where the validity of a patent has been contested , the court shall have the right to revoke or limit 
the patent if:  
a) the subject-matter of the patent is not pate ntable in conformity with the requirements of 
articles 5, 6, 7, 8, 9 and 10 of this Law; 
 b) the invention is not disclosed in a manner sufficiently clear and complete for it to be 
carried out by a person skilled in the art;  
c) the subject-matter of the patent extends be yond the content of the patent application as 
filed, or, if the patent was granted on a divi sional application, beyond the content of the 
earlier application as filed;  IP/N/1/ALB/I/2 
Page 30  
 
  ç) the protection given by the patent has been extended. 
 d) the owner of the patent is not en titled under articles 13 and 15 of this Law. 
 2. If the validity of a patent has been contested in proceedings initiated by the holder of an exclusive 
licence, in which proceedings the proprietor of the patent did not take part, the decision of the Court 
shall only take effect between the parties to those proceedings.  3. During the examination of a request for revocatio n, the court may ask the owner of the patent to 
submit to it for the purpose of examination publica tions and other documents showing the prior art 
which have been referred to in the patent appli cation or taken into account before other examining 
offices.  4. When an opposition proceeding starts before th e appeal board of the GDPT, ongoing revocation 
proceedings shall be suspended until a decision under article 33 (5) of this Law is issued. 
 
Article 74 
Effects of Revocation 
 
1. Every patent, claim or part of a claim that is revoked shall be considered  non-existent and invalid 
from the outset. 
 
2. If the grounds for revocation affect the patent onl y partially, revocation shall be pronounced in the 
form of a corresponding limitation of the patent. The limitation may be effected in the form of an 
amendment to the claims.  
3. When the court orders the revocation of a pate nt, wholly or partially, it shall notify the GDPT, 
which shall register the decision in the patent  register and publish it in the GDPT Gazette. 
  
CHAPTER XII 
INTERNATIONAL APPLICATIONS UNDER 
THE PATENT COOPERATION TREATY 
 
Article 75 
Application of the Patent Cooperation Treaty 
 1. For the purposes of this Law the term “internati onal application” means a patent application filed 
under the PCT.  2. Where reference is made in this law to the PC T, this reference also includes the Regulations under 
the PCT.  
3. The PCT and its Regulations shall have full effe ct and shall apply in accordance with the provisions 
of this Law.  4. If an international application is the subject of proceedings befo re the GDPT the provisions of the 
PCT and its Regulations shall be  applied, supplemented by the provisions of this Law and its 
implementing legislation. In case of conflict, the provisions of the PCT or its Regulations shall 
prevail.   IP/N/1/ALB/I/2 
 Page 31 
 
 
  Article 76 
Designated Office and Elected Office 
 
1. An international application designating the Re public of Albania and which has been accorded an 
international date of filing shall be equivalent to  an application filed with the GDPT in conformity 
with article 18 of this Law. For such applica tion the GDPT shall be a designated or, as the case may 
be, elected Office within the meaning of the PCT. Th e international date of f iling shall be considered 
to be the actual date of filing in  any proceedings under this Law. 
 2. In respect of an international application for wh ich the Republic of Albania is designated or elected 
and for which the applicant wishes to obtain protection under the provisions of Chapters I to IX of this 
law, the applicant shall within thirty-one months from the date of filing of the application or, if 
priority has been claimed from the priority date:  
a) furnish, a translation of the interna tional application in the Albanian language; 
 
b) pay the prescribed filing fee. 
 3. If the requirements in paragraph 2 (a) of this artic le are not met the application shall be deemed to 
be withdrawn and the applicant shall be notified thereof.  
4. Any international application designating the Republic of Albania which has been published under 
Article 21 PCT, shall give rise to the same right s as an application published in accordance with 
article 26 of this law. The rights shall be effec tive as from the date on which a translation into the 
Albanian language of the claims of the international application is published. This translation shall be 
published within three months from the date it was furnished by the applicant to the GDPT but not 
before the prescribed filing fee was paid. 
 
Article 77 
International applications filed with the GDPT 
 
1. The GDPT shall act as a receiving Office within the meaning of the PCT if the applicant is a 
resident or national of the Republic of Albania. 
 2. Each international application shall be subject to  the payment of the transmittal fee, which shall be 
paid within one month from the date of receipt of the international application.  
3. When the GDPT acts as a receiving Office under th e PCT the international application shall be 
filed in Albanian or English.   
CHAPTER XIII 
REGISTRATION OF EUROPEAN PATENTS 
 
Article 78 
Extension of the effects of European patents 
 
1. A European patent application and a European pa tent extending to the Republic of Albania shall, 
subject to the following provisions, have the effect  of and be subject to the same conditions as a 
national patent application and a national patent under this Law. 
 IP/N/1/ALB/I/2 
Page 32  
 
  2. For the purposes of these provisions of this Chapter, 
 
a) "European patent application" means an a pplication for a European patent filed under the 
European Patent Convention (EPC), as well as an international application filed under the 
Patent Cooperation Treaty (PCT) for which the European Patent Office (EPO) acts as 
designated or elected Office and in which Albania is designated; 
 b) "extended European patent" means a Europ ean patent granted by the EPO on a European 
patent application in respect of which extension to Albania has been requested; 
 
c) "national patent application" means a pate nt application filed under this Law with the 
GDPT;  ç) "national patent" means a patent gr anted on a national patent application. 
 
Article 79 
Request for extension 
 
1. A European patent application and a European pa tent granted on such application shall be extended 
to Albania at the request of the applicant. The requ est for extension shall be deemed to be filed with 
any European patent application filed on or af ter the date on which the Cooperation Agreement 
between the Government of the Republic of Albania and the European Patent Organization enters into 
force.  2. Any request for extension for which the prescrib ed extension fee was duly paid as laid down in 
article 80 shall be published by the GDPT as soon as possible after the GD PT has been informed 
thereof by the EPO but not before the expiry of 18 months from the filing date or, if priority has been 
claimed, the earliest priority date.  3. The request for extension may be withdrawn at any time. It shall be deemed withdrawn where the 
prescribed extension fee has not been paid in time or  where the European pate nt application has been 
finally refused, withdrawn or deemed withdrawn.  The GDPT shall publish this as soon as possible if 
the request for extension has already been publishe d by it in accordance with paragraph 2 of this 
article.  
Article 80 
Extension fee 
 
1. The extension fee under Article 79 (2) shall be pa id to the EPO within th e applicable timelimits 
provided under the EPC for the payment of the designation fee.  2. The extension fee may still be validly paid within  the period of grace specified in Rule 85a(2) of 
EPC, provided that a surcharge of 50% is paid within this period. 
 
3. For the payment of extension fees th e EPO Rules relating to Fees shall apply mutatis mutandis . 
Extension fees validly paid shall not be refunded.  
Article 81 
Effects of European patent applications 
 
1. A European patent application which has been accorded a filing date shall be equivalent to a 
regular national patent application, where appropria te with the priority claimed for the European 
patent application, whatever its outcome may be.  IP/N/1/ALB/I/2 
 Page 33 
 
 
   
2. A published European patent application shall pr ovisionally confer the same protection conferred 
by this Law as from the date on which a translation of the claims of the published European patent 
application in Albanian language has been communi cated by the applicant to the person using the 
invention in Albania. 
 
3. The European patent application shall be deemed not to have had ab initio the effects referred to in 
paragraph 2 of this article where the request fo r extension has been withdrawn or is deemed 
withdrawn.  
Article 82 
Effects of European patents 
 
1. An extended European patent shall, subject to para graphs 2 to 6 of this article, confer from the date 
of publication of the mention of its grant by the EPO the same rights as would be conferred by a 
national patent under this Law. 
 2. Within three months from the date on which the mention of the grant of the European patent has 
been published, the owner of the patent shall furnis h to the GDPT a translation of the claims of the 
European patent into the Albanian language a nd shall pay the prescribed fee for publication. 
 
3. If, as a result of an opposition filed with the EPO , the European patent is maintained with amended 
claims, the owner of the patent shall, within thr ee months from the date on which the mention of the 
decision to maintain the European patent as amended was published, furnish to the GDPT a 
translation of the amended claims into the Al banian language and pay the prescribed fee for 
publication. 
 
4. The GDPT shall publish any translation duly filed under paragraph 2 or  3 of this article. 
 5. If the translation specified in paragraph 2 or 3 of this article is not filed in due time or the prescribed fee is not paid in due time, the extende d European patent shall be deemed to be void ab 
initio . 
 
6. An extended European patent and the European patent application on which it is based shall be 
deemed not to have had ab initio the effects specified in paragraph 1 of this article and paragraph 2 of 
article 81, to the extent that the patent has b een revoked in opposition proceedings before the EPO. 
 
Article 83 
Authentic text of European patent applications or European patents 
 
1. The text of a European patent application or a European patent in the la nguage of the proceedings 
before the EPO shall be the authentic text in any proceedings in Albania. 
 
2. The translation as provided for under articles 81- 4 and 82-5 shall be regarded as authentic, except 
in revocation proceedings, where the application or patent in the language of the translation confers 
protection which is narrower than that conferre d by it in the language of the proceedings. 
 3. The applicant or owner of the patent may file a corrected translation of the claims of the European 
patent application or European patent. The corrected translation shall not have any legal effects until it 
has been published by the GDPT. Any person who,  in good faith, uses or has made effective and 
serious preparations for using an invention, the u se of which would not constitute infringement of the 
application or patent in the original translation may, after the corrected translation takes effect, 
continue such use in the course of his busin ess or for the needs thereof without payment. IP/N/1/ALB/I/2 
Page 34  
 
   
Article 84 
Rights of earlier date 
 
1. A European patent application for which the exte nsion fee has been paid and an extended European 
patent shall have with regard to a national patent application and a national patent the same prior art 
effect as a national patent applicati on and a national patent under this Law. 
 2. A national patent application a nd a national patent shall have with  regard to an extended European 
patent the same prior art effect as they have with  regard to a national patent under this Law. 
 
Article 85 
Simultaneous Protection 
 
Where an extended European patent and a national patent having the same filing date or, where 
priority has been claimed, the sa me priority date have been granted to the same person or his 
successor in title, the national patent shall have no effect  to the extent that it covers the same invention 
as the extended European patent as from the date on which the time limit for filing an opposition to 
the European patent has expired without an oppositio n having been filed or as from the date on which 
the opposition procedure has resulted in a fina l decision maintaining the European patent. 
 
Article 86 
Renewal fees for extended European patents 
 
Renewal fees for an extended European patent sh all be paid to the GDPT for the years following the 
year in which the mention of the grant of the European patent was published. 
 
Article 87 
Applicability of the EPC 
 
The provisions of this Law are applicable in the measu re that they don’t contradict the provisions of 
EPC and its Implementing Regulations. 
 
 
CHAPTER XIV 
PATENTABILITY OF UTILITY MODELS 
 
Article 88 
Conditions for Protection 
 
With the exception of processes, animal and plant va rieties, the following inventions can be protected 
by a utility model:  
a) inventions which are patentable according to this Law; 
 b) inventions which are new, susceptible of industrial application and are the result of a 
creative effort. 
 
Article 89 
Novelty and Applicability in Industry 
 
Novelty and applicability in industry of utility models are defined in conformity with the provisions of 
articles 7 and 10 of this Law.  IP/N/1/ALB/I/2 
 Page 35 
 
 
   
Article 90 
Term 
 
The term of utility models shall be 10 years from the date of filing of the application. 
 
Article 91 
Conversion 
 
On the basis of the written request of the applicant,  a patent application may be converted into an 
application for a utility model, as long as the patent has not been granted. 
 
Article 92 
Treatment 
 The treatment of utility models is the same as the tr eatment of patents according to this Law, unless 
otherwise provided in this chapter.   
CHAPTER XV 
CIVIL PROCEEDINGS 
 
Article 93 
 
Articles 52, 53, 54, 73 and 74 of this Law are valid  for and shall be also applied to utility models. 
 
Article 94 
Jurisdiction 
 
1. The court has jurisdiction on the disputes concerning:  
a) the infringement of a patent or a patent application; 
 
b) the revocation or counter-claim of a patent;  c) the ownership or transfer of the right to a patent application or a patent;  
ç) licensing agreement; 
 d) the grant of an compulsory license;  dh) the examination of decisions of the appeal board of the GDPT provided for in this Law. 
 
Article 95 
Time Periods for Undertaking Actions in Court 
 
1. Actions in court may be undertaken during the entire period of the time extent of a patent, if the disagreement has arisen on the basis of: 
 
a) the revocation of the patent according to article 73 of this Law;  b) a licensing agreement. 
 IP/N/1/ALB/I/2 
Page 36  
 
  2. For other cases of disagreements that are not me ntioned in the above paragraph, the time period of 
the beginning of the actions in court shall be w ithin three years, except for cases when other time 
periods have been provided in this La w or other legal provisions in force. 
  
CHAPTER XVI 
GRANTING SUPPLEMENTARY PROTECTION CERTIFICATES FOR  
MEDICINAL PRODUCTS AND PLANT PROTECTION PRODUCTS 
 
Article 96 
Supplementary protection certificate for medicinal products 
 
For the purpose of this chapter:  
a) " Product" means the active ingredient or co mbination of active ingredients of a medicinal 
product for treating or preventing disease in human  beings or animals and any substance or 
combination of substances which may be admini stered to human beings or animals with a 
view to making a medical diagnosis or to rest oring, correcting or modifying physiological 
functions in humans or in animals;  b) "Basic Patent" means a patent which protects a product as above as such, a process to 
obtain a product or an application of a product, and which is designated by its holder for the 
purpose of the procedure for grant of a certificate; 
  c) "Certificate" means the supplementary protection certificate.  
Article 97 
Scope and conditions for obtaining a certificate for medicinal products 
 
GDPT shall grant the supplementary protection certif icate for a medicinal product to any medicinal 
product which is the ingredient of a medicine whic h before being placed on the market is subject to 
registration pursuant to a special regulation, provided that: 
 
a) the medicinal product is protected by a basic pa tent in force in the territory of the Republic 
of Albania,  b) a valid authorization to place the product on the market as a medicinal product has been 
granted, 
 c) the product has not already been the subject of a certificate,  ç) the authorization referred to in (b) is th e first authorization to place the product on the 
market as a medicinal product. 
 
Article 98 
Supplementary protection certificate for plant protection products 
 
1."Plant Protection Products" means active substances and preparations containing one or more active 
substances, put up in the form in which th ey are supplied to the user, intended to: 
 
a) protect plants or plant products against all harmful organisms or prevent the action of such 
organisms, in so far as such substances or pr eparations are not otherwise defined below; 
  IP/N/1/ALB/I/2 
 Page 37 
 
 
  b) influence the life processes of plants, other th an as a nutrient (e.g. plant growth regulators); 
 c) preserve plant products, in so far as such substances or products are not subject to special 
provisions on preservatives;  
ç) destroy undesirable plants; or 
 d) destroy parts of plants, check or prevent undesirable growth of plants. 
 2."Substances" means chemical elements and th eir compounds, as they occur naturally or by 
manufacture, including any impurity inevita bly resulting from the manufacturing process; 
 3."Active substances" means substances or micro- organisms including viruses, having general or 
specific action:  
a) against harmful organisms; or 
 b) on plants, parts of plants or plant products. 
 4."Preparations" means mixtures or solutions composed  of two or more substances, of which at least 
one is an active substance, intended for use as plant protection products. 
 
5."Plants" means live plants and live parts of plants, including fresh fruit and seeds. 
 6."Plant products" means products in the unpr ocessed state or having undergone only simple 
preparation such as milling, drying or pressing, deri ved from plants, but excluding plants themselves 
as defined in point above. 
 7."Harmful organisms" means pest s of plants or plant products belonging to the animal or plant 
kingdom, and also viruses, bacteria and mycoplasmas a nd other pathogens. 
 8."Basic Patent" means a patent which protects a produc t as such, a preparation, a process to obtain a 
product or an application of a product, and which is designated by its holder for the purpose of the 
procedure for grant of a certificate.  9."Certificate" means the supplementary protection certificate.  
10. “Product” means the active substance or combin ation of active substances of a plant protection 
product.  
Article 99 
Scope and conditions for obtaining a certificate for plant protection products 
 1. GDPT shall grant the supplementary protection certificate for a plant protection product to any 
product which is the active substance of a plant protection product which before being placed on the 
market is a subject to registration pursuant to a special regulation, provided that:  
a) the plant protection product is protected by a basic patent in force in the territory of the 
Republic of Albania, 
 b) a valid authorization to place the product on the market as a plant protection product has 
been granted,  IP/N/1/ALB/I/2 
Page 38  
 
  c) the product has not already been the subject of a certificate, 
 ç) the authorization referred to in (b) is th e first authorization to place the product on the 
market as a plant protection product. 
 
2. The holder of more than one patent for the same product shall not be granted more than one 
certificate for that product.  3. However, where two or more applications c oncerning the same product and emanating from two or 
more holders of different patents are pending, one cer tificate for this product may be issued to each of 
these holders. 
 
Article 100 
The subject matter of protection 
 Within the limits of the protection conferred by  the basic patent, the protection conferred by a 
certificate shall extend only to the product covered by the authorization to place the corresponding 
medicinal product or plant protection product on the market and for any use of the product as a medicinal product or as a plant protection product that has been authorized before the expiry of the certificate.  
Article 101 
Effects of the certificate 
 
The certificate shall confer the same rights as conferre d by the basic patent and shall be subject to the 
same limitations and the same obligations. 
 
Article 102 
Entitlement to the certificate 
 
The certificate shall be granted to the holder of the basic patent or his successor in title. 
 
Article 103 
Application for a certificate 
 
1. The application for a certificate shall be lodge d within six months of the date on which the 
authorization to place the product on the market as a medicinal product or as a plant protection 
product was granted. 
 2. Notwithstanding paragraph 1, where the authori zation to place the product on the market is granted 
before the basic patent is granted, the application fo r a certificate shall be lodged within six months of 
the date on which the patent is granted.  
Article 104 
Content of the application for a certificate 
 
The application for a certificate shall contain:  
a) a request for the grant of a certificate, stating in particular: 
 i) the name and address of the applicant;  ii) if he has appointed a representative, the name and address of the representative;  IP/N/1/ALB/I/2 
 Page 39 
 
 
   
iii) the number of the basic patent and the title of the invention;  iv) the number and date of the first authorization to place the product on the market; 
 
b) a copy of the authorization to place the product on the market, in which the product is 
identified, containing in particular the number and date of the authorization and the summary of the product characteristics;  c) if the authorization referred to in point (b) is not the first authorization to place the product 
on the market as a plant protection product, info rmation regarding the identity of the product 
thus authorized and the legal provision under which the authorization procedure took place, 
together with a copy of the notice publishing the authorization in th e appropriate official 
publication or, failing such a notice, any other document proving that the authorization has been issued, the date on which it was issued  and the identity of the product authorized. 
 
Article 105 
Lodging of an application for a certificate 
 
1. The application for a certificate shall be lodged with the GDPT.  
2. Notification of the application for a certificate shall be published by the GDPT. The notification 
shall contain at least the following information:  
a) the name and address of the applicant;  
b) the number of the basic patent; 
 c) the title of the invention;  ç) the number and date of the authorization to place the product on the market, and the product identified in that authorization. 
 
Article 106 
Grant of the certificate or rejection of the application 
 
1. Where the application for a cer tificate and the product to which it relates meet the conditions laid 
down in this Chapter, the GDPT shall grant the certificate. 
 2. Where the application for a certificate does not meet the conditions laid down in Article 104, the 
GDPT shall ask the applicant to rectify the irregular ity, or to settle the fee, within a stated time. 
 3. If the irregularity is not rectified or the fee is  not settled under paragraph 2 within the stated time, 
the GDPT shall reject the application. 
 
Article 107 
Publication of the certificate 
 1. Notification of the fact that a certificate has been granted shall be published by the GDPT. The 
notification shall contain at least the following information:  
a) the name and address of the holder of the certificate;  IP/N/1/ALB/I/2 
Page 40  
 
  b) the number of the basic patent; 
 c) the title of the invention;  ç) the number and date of the authorization to  place the product on the market referred and the 
product identified in that authorization; 
 d) the duration of the certificate. 
 2. Notification of the fact that the application for a certificate has been rejected shall be published by 
the GDPT. The notification shall contain at least the information listed in Article 105 (2) of this law. 
 
Article 108 
Duration of the certificate 
 1. The certificate shall take effect at the end of the lawful term of the basic patent for a period equal to 
the period which elapsed between the date on which the application for a basic patent was lodged and 
the date of the first authorization to place the product on the market reduced by a period of five years.  2. Notwithstanding paragraph 1, the duration of the certificate may not exceed five years from the 
date on which it takes effect. 
 
3. For the purposes of calculating the duration of  the certificate, account shall be taken of a 
provisional first marketing authorization only if it is  directly followed by a definitive authorization 
concerning the same product.  
Article 109 
Expiry of the certificate 
 
1. The certificate shall lapse:  
a) at the end of the period provided for in Article 108; 
 
b) if the certificate-holder surrenders it;  c)if the annual fee laid down is not paid in time;  
ç) if and as long as the product covered by the certificate may no longer be placed on the 
market following the withdrawal of the appropria te authorization to place on the market. The 
GDPT may decide on the lapse of the certificate either of its own motion or at the request of a third party. 
 2. If the certificate lapses in accordance with paragraphs  (1) (b), (c) or (ç) of this article, notification 
thereof shall be published by the GDPT. 
 
Article 110 
Invalidity of the certificate 
 1. The certificate shall be invalid if: 
 
a) it was granted contrary to the provisions of Article 97 or 99;  b) the basic patent has lapsed before its lawful term expires;  IP/N/1/ALB/I/2 
 Page 41 
 
 
   
c) the basic patent is revoked or limited to the extent that the product for which the certificate 
was granted would no longer be protected by the claims of the basic patent or, after the basic 
patent has expired, grounds for revocation exis t which would have justified such revocation 
or limitation. 
 
2. Any person may submit an application or bring an action for a declaration of invalidity of the 
certificate before the GDPT.  3. If the certificate lapses notification thereof shall be published by the GDPT. 
 
Article 111 
Appeals 
 
The decisions of the GDPT taken under this Chapte r shall be open to the same appeals as those 
provided for similar decisions ta ken in respect of patents. 
  
PART III 
INDUSTRIAL DESIGNS 
 
CHAPTER XVII 
DEFINITION, CONDITIONS AND THE RIGHT TO PROTECTION 
 
Article 112 
Definition and Conditions of Protection 
 
1. For purposes of this law:  
a) “industrial design” (hereinafter called a “desi gn”), means the characteristics of the external 
form of a product, in general the ornamental or aesthetic aspect of a product as a whole or of 
its parts, which give it a particular appear ance and which are not excluded from protection 
pursuant to paragraph 3 of this article. 
 b) “Product” means any industrial or handicraft item, including inter alia parts intended to be 
assembled into a complex product, packaging,  get-up, graphic symbols and typographic 
typefaces, but excluding computer programs. 
 
c) "complex product" means a product which is  composed of multiple components which can 
be replaced permitting disassembly a nd re-assembly of the product. 
 ç) Industrial designs may be two-dimensiona l, three-dimensional or in combinations. 
 
2. To secure protection, the design should be new and have an individual character. A design applied 
to or incorporated in a product which constitutes a component part of a complex product shall only be 
considered to be new and to have individual character:  
a) if the component part, once it has been inco rporated into the complex product, remains 
visible during normal use of the latter, and 
 b) to the extent that those visible features of the component part fulfil in themselves the 
requirements as to novelty and individual character. 
 IP/N/1/ALB/I/2 
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  'Normal use' within the meaning of letter “a” of  this paragraph shall mean use by the end user, 
excluding maintenance, servicing or repair work.  3. A design right shall not subsist in features of appearance of a product;  
a) which are solely dictated by its technical function. 
 b) which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is inco rporated or to which it is applied to be 
mechanically connected with or placed in, aroun d or against another product so that either 
product may perform its function. 
 4. Notwithstanding paragraph 3, letter “b” of this ar ticle, a design right shall, under the conditions set 
out in article 113, subsist in a design serving the purpose of allowing multiple assembly or connection 
of mutually interchangeable products within a modular system. 
 
Article 113 
Novelty and Individual Character 
 
1. A design shall be considered to be new if no id entical design has been made available to the public: 
 
a) in the case of an unregistered design, before the date on which the design for which 
protection is claimed has first been made available to the public;  b) in the case of a registered design, before the date of filing of the application for registration 
of the design for which protection is claimed, or, if priority is claimed, the date of priority. 
 
Designs are the same if their characteristics differ only in immaterial details.  2. A design has an individual nature if the gene ral impression that it reflects on an informed user 
differs from the general impression reflected on the same  user by any design that, through publication 
or public use, has become known to the public: 
 
a) in the case of an unregistered design, before the date on which the design for which 
protection is claimed has first been made available to the public;  b) in the case of a registered design, before th e date of filing the application for registration 
or, if a priority is claimed, the date of priority. 
 The level of freedom in the development of the desi gn is taken into considera tion in the assessment of 
individual character.  3. A disclosure shall not be taken into considerati on for the purpose of applyi ng paragraphs 1 and 2 of 
this article when: 
 
a) it could not reasonably have become known in  the normal course of business to the circles 
specialised in the sector concerned, operating with in the Republic of Albania, before the date 
of filing of the application for registration or, if  priority is claimed, the date of priority;  
 
b) when the creator of the design or his lawful descendant or a third person as a result of information provided or action taken by the desi gner or his successor in title has published or 
publicly used the design within a six time peri od before the filing date of the application or 
before the priority date, when priority is sought.  IP/N/1/ALB/I/2 
 Page 43 
 
 
   
4. Paragraph 3 letter “b” of this article shall also apply if the design has been made available to the 
public as a consequence of an abuse in rela tion to the designer or his successor in title. 
 
Article 114 
The Right to Protection 
 
1. The exclusive right of ownership of a design bel ongs to the creator or his lawful descendants. In a 
case when there are several creators, they have equa l rights, except when they have agreed otherwise 
in their agreement. 
 
2. The right to protection of a design belongs to th e applicant of the application with the earlier filing 
date or, when priority is claimed, the earlier prior ity date, if two or more applications have been 
registered by different persons for the same design independently created. 
 
Article 115 
Refusal of a Design on an Absolute Basis 
 
1. A product design is not protected if:  
a) it does not constitute a design in the meani ng of article 112 paragraph 1 of this law; 
 
b) it is not new and does not have an indivi dual character, in the meaning of article 112 
paragraph 2 of this law;  c) it is dictated exclusively by the function of the product or by its purpose to be connected 
with, or be placed in, against or around anothe r product as set out in Article 112 paragraph 3 
of this law;  ç) it is in conflict with morals or public  order, including improper representations of 
wellknown persons that are of particular concer n for Albanian history or cultural heritage; 
 
d) it presents an abstract scheme or technical  plan, without thereby excluding the appearance 
of graphical symbols or other products expressing such schemes or plans;  dh) it contains a national seal, flag or emblem, the name or abbreviation of the name of a 
country or international organization, excep t for cases when this is permitted by the 
responsible state authorities or the above-mentioned organizations. 
 2. Paragraph 1 letter “ç” of this article does not a pply when the person concerned, or the responsible 
state authority when the person is not aliv e, have consented to the representation. 
 
Article 116 
Refusal of a Design on a Relative Basis 
 
1. A product design is not protected if:  
a) it is in conflict with a prior design which h as been made available to the public after the 
date of filing of the application or, if priority is claimed, the date of priority, and which is 
protected in the Republic of Albania from a date prior to the said date by a registered design 
or an application for a registered design;  IP/N/1/ALB/I/2 
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  b) the applicant for or the holder of the design right is not entitled to it under article 114 of 
this Law;  c) it is in conflict with a prior right in a dis tinctive sign or in another industrial property right; 
 
ç) it constitutes an unauthorised use of  a work protected under copyright; 
 d) it contains or imitates the representation of  a natural person including his or her name, 
surname and external appearance;  
dh) it contains or imitates the appear ance of a person who is not alive. 
 2. In the cases listed under paragraph 1, letters “a” to “d” of this ar ticle, refusal of registration, or, 
where the design has already been registered, cancellation of the d esign can only be sought by the 
person or persons whose rights have been violated. In  the case of letter “dh” of this article, refusal or 
cancellation can only be sought by the descendants of the person whose image is contained in, or 
imitated by, the design.  3. In the case listed under paragraph 1, letter “b” of this article, the person entitled to the design under 
the article 114 of this law may also claim to become recognised as the legitimate holder of the 
registered design . 
 
Article 117 
Industrial Design Created to  Order or by an Employee 
 
1. If a design has been created to order or by a work  contract, the right to its protection belongs to the 
one who ordered it or the employer, except when  it is otherwise specified by agreement. 
 2. When the design has an economic value much great er than what the parties contemplated at the 
time of concluding the contract, the employee has the right to special compensation. In the absence of 
an agreement between the parties, the amount of compensation is determined by the court. 
 
3. When an employee whose work contract does not obligate him to deal with creative activity creates 
a design using data and other means that were ma de known through his employment in the field of 
activity of his employer, the right to protection for this design belongs to the employee, except for the cases when within a four month period from the date on which the report according to point 4 of this 
article is submitted to the employer or the date when  the employer is notified of the invention in other 
ways, whichever date is earlier, the employer notif ies the employee with a written declaration that he 
is interested in the design.  4. The employee who has created a design in conf ormity with point 3 of this article should 
immediately submit to the employer a declaration in writing about the design.  
5. If within the period defined in point 3 of this  article, the employer makes a declaration expressing 
interest in the design, the right to protection of the design belongs to him, from the beginning, while the employee has the right to compensation, depending on his pay, of the economic value of the design and the profit that the employer receives fr om the design. In the absence of an agreement 
between the parties, the amount of compensation is set by the court. 
 
6. Every contract that is less favorable to the cr eator than is provided in this article is invalid. 
  IP/N/1/ALB/I/2 
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  Article 118 
Name of the Creator of a Design 
 
In every publication of the GDPT for an application or registration of a design, the creator or creators 
should be mentioned, except for the cases when th e creator asks in writing that his name not be 
mentioned. 
  
CHAPTER XVIII 
PROCEDURE FOR REGISTRATION OF INDUSTRIAL DESIGNS 
 
Article 119 
Filing Date 
 
1. The filing date of an application for registrati on of a design is considered the date when the GDPT 
receives an application containing the following elements: 
 
a) the name and address of the submitter of the application;  b) drawings of the general appearance of the pr oduct, a prepared scheme, drawings or a model 
of the product, if necessary to clarify the essence of the design; 
 
c) an indication of the product or products where the design will be incorporated;  ç) a description of the design;  
d) the filing date of the priority application and, if possible, the number of the priority 
application, together with the identification of the office where the application was filed as to 
which priority is claimed;  dh) the identification of the creator or creators of the design. 
 
2. Two or more designs may be the subject of the same application, on the condition that they have 
the same class of international classifica tion established by the Locarno Agreement. 
 3. Every application is subject to payment of the designated tariff.  
4. An application for the registration of an industrial design filed with GDPT may contain a 
declaration claiming priority and shall enjoy a right of  priority if it is equivalent to an earlier and 
regular national filing, filed by the applicant or by his successor in title: 
 
a) under the national law of a member state of Paris Convention;  
b) under the national law of a member of World Trade Organization. 
 c) the application filed with GDPT, shall enjoy, a priority right from the date of filing of the 
first application with the condition that the re quest is filed in GDPT within six months from 
the filing date of the first application. 
 
ç) a regular national filing shall mean any fili ng that is sufficient to establish the date on 
which the application was filed, whatever  the outcome of the application may be. 
 IP/N/1/ALB/I/2 
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  d) The effect of the right of priority shall be that  the date of priority shall count as the date of 
the filing of the application for a design registered by GDPT. 
 5. The submission of an application for the registra tion of a design and all the further procedures are 
defined in the implementing regulation of this Law. 
 
Article 120 
The Right to Priority from  International Expositions 
 
1. For the registration of a design, a submitter of  the application who has exhibited a product or 
products with this design in an official internati onal exposition submits an a pplication for registration 
within six months from the date when the product or  products offered with this design were presented 
for the first time in the exposition. In this case, he has the right from that day to claim the same 
priority given by paragraph 4 of article 119 of this law.  
2. As proof of the exposition of the product or products with this design, a certificate issued by the 
responsible authorities of the exposition noting the da te of exposing the design for the first time and 
data about the product or products presented at the exposition suffices. 
 
Article 121 
Examination of the Formalities 
 
1. Within three months from the date of receipt of an application to register a design, the GDPT 
performs a preliminary examination of the applica tion to see whether it is in conformity with the 
requirements of article 119 of this Law and, with th e set procedure, also determines the filing date of 
the application or the priority filing date, in a cas e when the submitter of the request has the right to 
priority. 
 2. If the GDPT finds that not all the requirements of article 119 of this law have been met, it asks the 
submitter of the application to complete it within th ree months from the date of notification. If the 
submitter of the application does not make the comp letion required, the GDPT refuses the application 
and notifies it of this in writing. 
 
3. The time period for submission of completions may be extended for one additional month, if the applicant gives arguments in writing as to the reasons.  
Article 122 
Publication of the Application 
 
1. If an application for the registration of a design has been filed in conformity with the requirements 
of this law, the data of the applicati on are published in the gazette of the GDPT. 
 2. The data that are published in the gazette are de fined in the implementing regulation of this Law. 
 
3. If a request for delaying publication of the register ed design or designs for a period up to 12 months 
after the date the application was filed has been ma de with the filing of the application, the GDPT 
publishes information about the owner of the regist ered design, and after the end of the extended 
period, publishes the registered design, except when  the application has been withdrawn before the 
end of the period mentioned above. 
  IP/N/1/ALB/I/2 
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  Article 123 
Opposition to an Industrial Design 
 
1. An opposition to a published design is filed in GDPT within a three month period from the date of publication, against the payment of the respective tariff, by: 
 
a) the applicant of an earlier design filed in the GDPT or the owner of an earlier registered design, according to the definition of letter “a” of point 1 of article 116 of this Law;  b) the person entitled to the design under the article 114 of this law, according to the 
provision of letter ‘b’ of point 1 of article 116 of this law. 
 c) a person who, at the time of filing an applica tion for registration of the design, is the owner 
of a distinctive sign, or another industrial prope rty right, which is in conflict with the design, 
according to letter “c” of paragraph 1 of article 116 of this Law ; 
 
ç) the owner or holder of the copyright to a work of which unauthorized use has been made 
according to letter “ç” of paragraph 1 of article 116 of this Law;  d) the person whose representation is containe d in, or imitated by, the design according to 
letter “d” of paragraph 1 of  article 116 of this Law; 
 
dh) the descendants of the deceased person whose appearance is contained in, or imitated by, 
the design, ranked according to their closeness to her or him, according to letter “dh” of 
paragraph 1 of article 116 of this Law; 
 
2. The time period for filing an opposition is not exte nded beyond the period defined in point 1 of this 
article.  3. The GDPT is obligated to notify the applicant against whom the opposition is filed in writing. 
 4. Details about the submission of an opposition a nd the respective procedure are defined in the 
implementing regulation. 
 
Article 124 
Examination of the Opposition 
 1. The Board of Appeal of GDPT examines that the opposition filed is in conformity with the 
requirements of point 1 of article 123 of this Law.  Each party to the opposition procedure shall have 
the right to take part in the procedure and to subm it its arguments orally or in writing within a period 
to be fixed by the appeal board  2. During the examination, the board has the right to ask the parties to the opposition procedure for 
additional materials and documents within the pe riod defined for this purpose in the implementing 
regulation.  3. The board examines the opposition within a thr ee-month period from the date of submission and 
notifies the parties of its decision. 
 
4. The decision of the appeal board on an oppositio n submitted according article 123 of this law may 
be appealed to court within 30 days from the date  of receipt of notification of the decision of the 
board.  IP/N/1/ALB/I/2 
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  Article 125 
Registration of the Design 
 
1. After the approval of the filing date, the GDPT within a three month period examines whether the 
application comports with the require ments of articles 115 of this law. 
 
2. During the examination, the GDPT has the right to ask the submitter of the application for additional materials and documents. The period with in which these materials should be presented is 
set in the implementing regulation.  
3. In conformity with the results of the examinati on, the GDPT takes a decision whether to register or 
refuse the design and notifies the applicant. When th e decision is positive, the applicant is asked to 
pay the tariff for registration after the thr ee-month period from the date of publication. 
 4. The GDPT refuses an applicatio n for the registration of a design if the conditions defined in 
article 115 of this Law are not met. 
 5. After the applicant pays the tariff of registrati on within the specified period, the GDPT registers the 
design in the register of designs and issues a certif icate of registration, with in a three-month period 
from the date of payment.  
6. When the applicant does not pay the tariff of registration within the period defined in the 
implementing regulation, the GDPT refuses the application for registration of the design. 
 7. The registered design is published in the GDPT gazette.  
8. Data about the certificate of registration of the d esign and data about its publication are specified in 
the implementing regulation.  9. The exclusive right to the design, according to this  law, is gained with its registration by the GDPT. 
 
Article 126 
Appealing the Decision 
 
1. Within a two month period from the date of recei pt of notice of the refusal of an application 
according to articles 121 point 2 and 125 point 4 of this Law, the applicant has the right, against payment of the respective tariff, to appeal th e decision to the appeal board of the GDPT. 
 
2. The board examines the appeal application with in a three-month period from the date of its 
presentation and notifies the applicant of the decision taken.  3. During examination, the board has the right to ask the submitter of the applicable for additional 
materials and documents that should be submitted within the period defined in the implementing 
regulation. 
 4. A decision of refusal by the appeal board accordi ng to point 2 of article 121 of this law is final, 
while a decision for refusal according to point 4 of article 125 of this law may be appealed to court 
within 30 days from the date of receiving notification of the decision of the board. 
 
  IP/N/1/ALB/I/2 
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  CHAPTER XIX 
EFFECTS OF THE REGISTRATION OF A DESIGN 
 
Article 127 
The Rights that Come from Registration 
 
1. The owner of a registered design has the right to prevent third parties from producing, importing, 
exporting, putting into the market, supplying, distri buting or keeping in possession for such purposes 
any product that is included in the design.  
2. The scope of protection conferred by a design shall include any design which does not produce on 
the informed user a different overall impression. In assessing the scope of protection, the degree of freedom of the designer in developing the design shall be taken into consideration. 
 3. Point 1 of this article is not applicable if th e products in question are put into the market by the 
owner himself or with his content in the territory  of the Republic of Albania or even outside the 
territory, in compatibility with bilateral or multilate ral agreements entered into by the Republic of 
Albania.  4. The rights conferred by a registered d esign shall not be exercised in respect of: 
 
a) acts done privately and for non-commercial purposes; 
 b) acts done for experimental purposes;  c) acts of reproduction for the purposes of making ci tations or of teaching, provided that such 
acts are compatible with fair trade practice and do not unduly prejudice the normal 
exploitation of the design, and that mention is made of the source. 
 5. In addition, the rights conferred by a register ed design shall not be exercised in respect of: 
 
a) the equipment on ships and aircraft registered in another country when these temporarily 
enter the territory of the Republic of Albania; 
 b) the importation in the Republic of Albania of spare parts and accessories for the purpose of repairing such craft;  
c) the execution of repairs on such craft; 
 ç) the use, in the meaning of paragraph 1 of th is article, of a component part of a complex 
product, for the purpose of repair of that complex product so as to restore its original appearance, provided that consumers are duly info rmed about the origin of the part so that 
they can make an informed choice between competing spare parts. 
 
Article 128 
The Time Extent of Registration and Renewal 
 
1. The registration of a design is valid for five  years, beginning from the date it is filed. 
 
2. A registration may be renewed against a set paymen t for an additional period of five years, up to a 
total time period of 25 years from the date the design is filed.  IP/N/1/ALB/I/2 
Page 50  
 
  3. The data contained in a request to renew the d esign and the respective procedure are defined in the 
implementing regulation.  
Article 129 
Licensing 
 
1. A license contract is made in writing and is signed by the parties to the contract, otherwise it is invalid. A license may be exclusive or non-exclusive. The owner of a design may invoke the rights conferred by the registration of the design agains t a licensee who contravenes any provision in his 
licensing contract with regard to its duration, the form in which the design may be used, the range of 
products for which the license is granted and the quality of products manufactured by the licensee. 
 2. A license contract is registered in the GDPT, in  the register of designs, against a set tariff. The 
licensee has the right to turn to the court as to a license contract only after it is registered in the 
register of designs. Without prejudice to the prov isions of the licensing contract, the licensee may 
bring proceedings for infringement of a design only if the licensor consents thereto. However, the 
holder of an exclusive license may bring such proceed ings even without the consent of the licensor if 
the later, having been given notice to do so, does not himself bring infringement proceedings within 
an appropriate period. A licensee shall, for the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in an infringement action brought by the licensor. 
 
3. Details about the submission of a request for re gistration of a license and the procedure for its 
registration are defined in the implementing regulation.  
Article 130 
Changes in Names and/or Addresses 
 
1. The GDPT registers a change of name and/or address of the owner of the design in the register of designs, at the request of the owner of the design, against payment.  2. Details about the submission of a request for ch anges and the procedures for registering them are 
defined in the implementing regulation. 
 
Article 131 
Transferring Ownership of a Design 
 
1. On the request of the owner of the design or of  the new owner, the GDPT registers the transfer of 
ownership of a design in the register of designs against a payment. 
 2. The owner of a registered design may transfer his right to the design wholly or in part by an agreement signed by the two parties, which is filed in the GDPT.  3. The rights to a design may be transferre d with or without transferring the business. 
 
4. Transferring has no legal effect if it is not registered in the design register.  5. The GDPT refuses registration of a requested change  in the register if the respective document is 
not submitted within the designated period. 
 
6. Details about the submission of a request for th e registration of a change  of ownership and the 
procedures for the registration of this change  are defined in the implementing regulation. 
   IP/N/1/ALB/I/2 
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  CHAPTER XX 
EXECUTION OF RIGHTS 
 
Article 132 
Procedures for Violation of Rights 
 
1. When the rights of the applicant, the owner of a registered design, a licensed person, an authorized 
user of the design or any other person whose rights, in  conformity with the provisions of this law, are 
violated, he has the right to bring a lawsuit in court for the violation of the rights.  
2. Every unauthorized use, every limitation, imitation or joint accompaniment that is against the 
provisions of this law is a violation of the right of a registered design or a design as to which there has 
been an application for registration, according to this law.  3. A person within the meaning of point 1 of this ar ticle has the right to turn to the court against the 
person who has violated his rights, seeking that: 
 
a) the violator be prohibited from committing further acts of violation of these rights; 
 b) the violator remove the objects that constitute a violation of the rights from the channels of 
commerce or, if there is no other way, destroy them; 
 
c) the violator remove means used exclusively or almost exclusively for the creation of the 
products that constitute a violation or, if  there is no other way, destroy them; 
 ç) the final decision of the court shall be publis hed in the public media at the expense of the 
person who has committed the violation, in  the manner determined by the court. 
 4. The violator is responsible for all damage that h as been caused to the plaintiff. In conformity with 
the provisions of the legislation in force, the c ourt determines the amount of compensation of the 
damage, except when it is otherwise specified and based on the specific case may:  
a) take into account all appropriate aspects, such as the negative economic consequences, 
including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements ot her than economic factors, such as the moral 
prejudice caused to the rightholder by the infringement; or  
b) set the damages as a lump sum on the basis of elements such as at least the amount of 
royalties or fees which would have been due if th e infringer had requested authorisation to use 
the intellectual property right in question. 
 5. A lawsuit for a violation of rights is filed in  court within three years from the date when the 
plaintiff became aware of the violation and the violator. 
 
Article 133 
Right of information 
 
1. In the context of proceedings concerning an infri ngement of a design, and in response to a justified 
and proportionate request of the claimant, the court may order that information on the origin and 
distribution networks of the goods which infringe the design be provided by the infringer and/or any other person who:  
a) was found in possession of the infringing goods on a commercial scale; IP/N/1/ALB/I/2 
Page 52  
 
   
b) was found to be providing on a commercial scale services used in in fringing activities; or 
 c) was indicated by the person referred to in letters “a” or “b” as being involved in the 
production, manufacture or distribution of the goods or the provision of the services. 
 
2. The information referred to in para graph 1 shall, as appropriate, comprise: 
 
a) the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods, as well as the intended wholesalers and retailers; 
 
b) information on the quantities produced, manufac tured, delivered, received or ordered, as 
well as the price obtained for the goods or services in question. 
 3. Paragraphs 1 and 2 shall not apply if 
 
a) on the basis of the information available to it, the court has reason to assume that the right 
to information is misused;  b) providing the requested information would fo rce the person referred to in paragraph 1 to 
admit to his/her own participation or that of hi s/her close relatives in the infringement of the 
design right; or 
 c) disclosure of the information cannot be requested pursuant to rules protecting the confidentiality of information sources or the processing of personal data. 
 
Article 134 
Evidence 
 
1. On application by a party which has presented reasonably available evidence sufficient to support 
his claims, and has, in substantiating those claims, specified evidence which lies in the control of the 
opposing party, the court can order that such eviden ce be presented by the opposing party, subject to 
the protection of confidential information. 
 2. Under the same conditions, in the case of an infringement committed on a commercial scale, the 
court can order, where appropriate, on application by  a party, the communication of banking, financial 
or commercial documents under the control of the opposing party, subject to the protection of 
confidential information. 
 
Article 135 
Temporary Measures 
 
1. The court orders temporary measures if: 
 
a) the person is an owner according to the definition of this law and enjoys the rights 
mentioned in article 127 of the law;  b) the owner of the right submits documents that  create the possibility for the court to decide 
that his right has been violated or there is a great possibility that it will happen ; 
 c) the owner of the right seeks that the measu res be taken without unjustified delay after 
noticing the declared violation. 
  IP/N/1/ALB/I/2 
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  2. In taking temporary measures, the court: 
 
a) impedes expected violations or viol ations that have begun to be committed; 
 b) prohibits the entry of the goods into the channels of commerce; 
 
c) orders the preservation of relevant evidence in  respect of the alleged infringement, subject 
to the protection of confidential informati on. Such measures may include the detailed 
description, with or without the taking of sam ples, or the physical seizure of the infringing 
goods, and, in appropriate cases, the materials and implements used in the production and/or 
distribution of these goods and the documents relating thereto; 
 ç) confiscates, takes out of circulation or tak es under safe-keeping, for the period of the civil 
procedure, the objects of the violation or the means principally used for the production of the 
objects violating the rights according to this law; 
 
d) orders, in the case of an infringement committed on a commercial scale and if the injured party demonstrates circumstances likely to endanger the recovery of damages, the precautionary seizure of the movable and im movable property of the alleged infringer, 
including the blocking of his/her bank accounts and other assets. To that end, the court may 
order the communication of bank, financial or  commercial documents, or appropriate access 
to the relevant information. 
 3. The court decides on taking the temporary meas ures mentioned in paragraph 2 of this article 
without hearing the other party, in particular wh en any delay might cause irreparable damage to the 
owner of the right, or lead to the destruction of  evidence. The party against whom the lawsuit has 
been brought is notified of the measures taken without delay, at the latest immediately after they have 
been executed. A review, including a right to be heard, shall take place upon request of the defendant 
with a view to deciding, within a reasonable time after notification of the measures, whether those 
measures shall be modified, revoked or confirmed.  4. With the decision on temporary measures, the court sets a time limit during which the person who 
has asked for these measures should bring a lawsuit in  court according to article 132 of this law. The 
time limit begins on the date the temporary measur e requested by the owner of the right begins, but 
should not exceed 15 days.  5. The temporary measures mentioned in paragraph 2 letters “a” and “b” of this article can be issued 
against the alleged infringer of a design right as well as, under the same conditions, against an 
intermediary whose services are being used by a third party to infringe a design right.  6. The issue of temporary measures mentioned in this  article is subject to the lodging by the applicant 
of adequate security or an equivalent assuran ce intended to ensure compensation for any prejudice 
suffered by the opposing party. 
 
Article 136 
Measures at the Border and in the internal market 
 
1. If the owner of a registered design or the holder of  right within the meaning of this Law, submits a 
complaint for goods imported into the Republic of Albania or the goods inside the market that violate 
his rights defined in this law, on his request the customs authorities or the authorities responsible for 
the supervision of internal market, whichever the case, are obliged to make the necessary inspection 
and according to its result, to decide not to rel ease the goods from the custom regime or to remove IP/N/1/ALB/I/2 
Page 54  
 
  them from the market and in both cases to store them  in a secure place, except when the importer or 
the seller has original documents about the production of the imported goods.  2. The owner of a registered design or the holder of right within the meaning of this Law, is obligated to submit a guaranty for the damage that might be caused by the taking of the measures described in 
point 1 of this article. 
 3. The customs authorities or the authorities respons ible for the supervision of internal market 
immediately notify the importer and the recipient of  the goods or the seller about the measures taken. 
 
4. The customs authorities or the authorities respons ible for the supervision of internal market 
interrupt the measures taken according to point 1 of this article if the owner of the registered design or 
the holder of right within the meaning of this Law, does not file a lawsuit in court for the violation of 
his rights within 20 days (working days) from the day of the notification of the measures taken by customs authorities or the authorities responsible  for the supervision of internal market. 
 
 
CHAPTER XXI 
SURRENDER OF A DESIGN AND REVOCATION 
 
Article 137 
Surrender of a Design 
 
1. To surrender from registration, the owner of a design should submit a declaration in writing to the 
GDPT, accompanied by an authorization of repr esentation and a document showing payment of the 
respective tariff. The surrender enters into force from the date the mentioned documents are filed. 
When the registration has been made for several sep arate designs, the withdrawal may be done for all 
or for some of them.  2. The GDPT registers the surrender of the design in the register and publishes it. If a license has been 
registered, surrender shall be entered in the register  only if the owner of the registered design proves 
that he has informed the licensee of his intention to surrender. If an action pursuant to Article 114 
relating to the entitlement to a registered design has been brought before the court, GDPT shall not 
enter the surrender in the register w ithout the agreement of the claimant. 
 
Article 138 
Revocation of a Design 
 
1. On the request of an interest ed person, the court may cancel a registration if the registered design 
does not meet the conditions for being protected, in c onformity with articles 115 and 116 of this Law. 
However, the registered design right may be mainta ined in an amended form, if in that form it 
complies with the requirements for protection and the identity of the design is retained. 
 
2. Every registration that is canceled is invalid from the date the design was filed. 
 3. The revocation of a registered design cannot be  done without its owner being called as a party in 
the court proceeding. The court notifies the GDPT about a decision of cancellation of the design.  
4. The GDPT registers the judicial decision in the register. 
 5. A design right may be declared invalid even  after it has lapsed or has been surrendered. 
   IP/N/1/ALB/I/2 
 Page 55 
 
 
  CHAPTER XXII 
INTERNATIONAL AGREEMENTS 
 
Article 139 
Requirements according to the Hague Agreement 
 
1. Applications for the international registration of  a design are filed with the International Office of 
Industrial Property in conformity with The Hague Agreement “On the international registration of 
industrial designs” dated 28 November 1960, su pplemented on 14 July 1967 and amended on 
28 September 1979, and its implementing regulations. 
 
2. In conformity with article 8 of  the Hague agreement, the provisions of this law for the protection of 
a design in the Republic of Albania are applied mutatis mutandis . 
  
PART IV 
TRADEMARKS AND SERVICE MARKS 
 
CHAPTER XXIII 
CONDITIONS AND THE RIGHT TO PROTECTION OF A MARK 
 
Article 140 
Signs that Constitute a Mark 
 
1. Every sign or combination of signs presented graphically that serve to distinguish the goods or services of a natural or juridical person from those of  another natural or juridical person are marks for 
these goods and services, provided that the require ments under articles 141 to 143 of this Law are 
fulfilled (hereafter we will refer to a “mark”).  2. The following signs constitute marks:  
a) words, including personal nam es, letters, numbers, abbreviations; 
 
b) figurative signs, including drawings;  c) two- or three-dimensional forms, forms of goods and/or their wrapping; 
 
ç) combinations of colors or shades, as well as colors per se ; 
 d) every combination of the signs mentioned in letters “a” to “ç” of this point. 
 3. Marks are registered only if they can be presente d graphically. This regards in particular, but not 
only, special types of marks such as voice and light signals. 
 
Article 141 
Distinctiveness 
 
1. A sign has a distinctive nature if through it an  ordinary user distinguishes several specific goods 
and services from other goods and services the same as the first, with regard to their respective 
commercial origin.  2. The distinctive nature of a si gn is evaluated in close connecti on with the goods and services whose 
purpose it is to distinguish. IP/N/1/ALB/I/2 
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Article 142 
Refusal on an Absolute Basis 
 
1. A sign is not registered as a mark if: 
 
a) it does not have a distinguishing nature;  b) it consists exclusively of elements or indicat ors that may serve in the market to show the 
kind, quality, amount, purpose, value, geographi cal origin or time of production of the goods 
or the performance of the services, or other characteristics of the goods or services; 
 c) it consists exclusively of elements or i ndicators that have become customary in daily 
language or have turned into fixed practices in commerce;  
ç) it consists of forms or lines imposed by th e very nature of the goods or services and/or 
forms or lines essential to achieve a technical result;  d) it consists of forms that give a fundamental value to the goods;  dh) it consists of elements that violate public interests or are in conflict with public morals 
and order; 
 e) it consists of elements tending to disorient the public, principally so far as concerns the 
nature, quality or geographical origin of the goods and/or services that they have the purpose 
of distinguishing; 
 
ë) it consists of geographical indications, fo r wines or alcoholic beverages, that do not 
originate from the place indicated by the geographi cal indication in question, even if the true 
origin of the products has been indicated or th e geographical indications have been translated 
and are accompanied by such expressions as: “kind,” “type,” “style,” “imitation” or other similar ones]; 
 
f) it consists of names, portraits, personal pseudonyms, well known by the public in the 
Republic of Albania, if they are not author ized by the person himself or his descendant; 
 g) it consists of: 
 
- the names of countries (complete or abbreviated); - state emblems, medals, honors of distinction; - official seals and signs approved by the country; - the emblems of recognized international organizations or abbreviations of them; 
- religious symbols; 
- national flags; 
 gj) it consists of elements that are against article six bis of the Paris Convention. 
 2. A sign is not excluded from registration as a mark w ithin the meaning of letters “a,” “b,” and “c” of 
point 1 of this article if the sign in question has gained a distinguishing nature in the process of use 
before the date of application.   IP/N/1/ALB/I/2 
 Page 57 
 
 
  Article 143 
Refusal on a Relative Basis 
 
1. A mark is not protected if its use is against prior rights.  
2. A mark shall not be registered or, if regi stered, shall be liable to be declared invalid: 
 
a) if it is identical with an earlier mark, a nd the goods or services for which the mark is 
applied for or is registered ar e identical with the goods or serv ices for which the earlier mark 
is protected; 
 
b) if it is identical with, or similar to, an earlier mark which is protected for identical or 
similar goods of services, and if, because of the identity or similarity of the marks and the goods or services covered by them, there exists a likelihood of confusion on the part of the 
public, which includes the likelihood of  association with the earlier mark. 
 
c) if it is identical with, or similar to, an earlier mark, even when it is to he, or has been, 
registered for goods or services which are not si milar to those for which the earlier trade mark 
is registered, where the earlier trade mark has a reputation in the Republic of Albania, and its 
use or registration, without due cause, takes unfair advantage of, or damages, the distinguishing nature or the good name of the earlier mark. 
 
3. A mark cannot be registered, or, if registered, is liable to be declared invalid if it violates other prior 
rights that have been obtained such as:  
a) the right of a commercial name, on the condition that this name or the fundamental part of 
it shall be the same as or simila r to the mark that is sought to be registered, as well as on the 
condition that the owner of the commercial name  shall produce or secure, respectively, goods 
or services that are the same as or similar to tho se of the mark that is sought to be registered; 
 b) the right of a natural person whose name, surname or external appearance is the same as or similar to the mark that is sought to be registered; 
 
c) industrial property rights, including the names of protected varieties of plants and/or animals and geographical indications;  ç) copyright in a work or piece of  work, on the condition that it is the same as or similar to the 
mark that is sought to be registered. 
 4. A mark is not protected if it is the same as or similar to a mark registered for the same or similar 
goods or services, the validity of which has ended because of the expiration of the time period of renewal, for a six-month period from the expiration date.  
5. An earlier mark within the meaning of point 2 of this article is considered: 
 
a) a mark with a date of application for re gistration which is earlier than the date of 
application for registration of the trade ma rk, taking account, where appropriate, of the 
priority claimed in respect of that trade mark s, in accordance with article 147 of this law; 
 
b) a mark previously registered through inte rnational agreements to which the Republic of 
Albania is a party;  IP/N/1/ALB/I/2 
Page 58  
 
  c) applications for a mark referred to in letters “a” and “b” of this paragraph, subject to their 
registration;  ç) a mark which, on the date of application fo r registration of the mark, or, where appropriate, 
of the priority claimed in respect of the application for registration of the mark, is well known 
in the Republic of Albania, in the meaning of Article 6 bis of the Paris Convention, to the 
public in the respective sector, as a result of use,  representation, publication, or advertisement 
defined as such by the GDPT and international bodies. 
 
Article 144 
The Right to a Mark 
 
The exclusive right to marks according to this law is  gained when registration is made by the GDPT. 
  
CHAPTER XXIV 
REGISTRATION OF TRADEMARKS PROCEDURES 
 
Article 145 
Content of the Request 
 1. The request to obtain the right to a commercial ma rk may be made by a natural or juridical person. 
 2. A separate request is made for every sign as to which protection as a commercial mark is sought.  3. The request to register a mark cont ains one or more goods and/or services. 
 
4. The request for the registration of a commercial mark contains the following elements:  
a) the name and address of the submitter of the application;  b) the representation of the mark as to which registration is sought; 
 
c) a list of the goods and/or services as to which registration is sought, grouped on the basis of 
the international classification for goods and services;  ç) a declaration claiming priority, if there is such a claim; 
 
d) a document showing payment of the tariff of filing. 
 5. The other elements of the application and the procedures in connection with it are defined in the 
implementing regulation.  
Article 146 
Filing Date 
 
1. The date of filing of an application for registra tion of a mark is the date when the GDPT receives 
the request with the elements defi ned in article 145 of this law. 
 
2. If the application does not contain the basic el ements defined in article 145 of this law, the 
applicant is notified that he should complete th em within a three month period from the date of 
notification.   IP/N/1/ALB/I/2 
 Page 59 
 
 
  3. When the applicant makes the required completions  and corrections within the period defined in 
point 2 of this article, the GDPT files the app lication. The date when the GDPT receives the 
completed and corrected application in conformity w ith the requirements of article 145 of this law is 
defined as the filing date.  
4. When the applicant does not make the require d completions and corrections within the period 
defined in point 2 of this article, th e application is conclusively refused. 
 
Article 147 
The Right to Priority 
 
1. An application for the registration of a trad emark filed with GDPT may contain a declaration 
claiming priority and shall enjoy a right of priority if  it is equivalent to an earlier and regular national 
filing, filed by the applicant or by his successor in title:  
a) under the national law of a member state of Paris Convention; 
 b) under the national law of a member of World Trade Organization. 
 A regular national filing shall mean any filing that  is sufficient to establish the date on which the 
application was filed, whatever the outcome of the application may be. 
 
2. The application filed in accordance with paragraph 1, shall enjoy, a priority right from the date of 
filing of the first application with the condition that  the request is filed in GDPT within six months 
from the filing date of the first application. The effect of the right of priority shall be that the date of 
priority shall count as the date of the filing of the application for the registration of the trademark by 
GDPT, for the purpose of establishing which rights take precedence. 
 3. An applicant who intends to use the right of prio rity in conformity with point 2 of this article 
submits to the GDPT all information about the appl ication (date, country and number of the first 
application) and within a three-month period from the date of submission of the application delivers to 
the GDPT a copy of the first application and the translation of this application into Albanian. 
 
Article 148 
The Right to Priority from  International Expositions 
 
1. A person who exhibits goods and/ or services under a particular sign in an exposition recognized in 
the Republic of Albania or in another state that is  a member of the Paris Convention may, within a 
six-month period, apply for the registration of the mark, requesting as the priority date the date of 
exhibition of the goods and/or services at the exposition.  2. The application referred to in point 1 of this ar ticle is accompanied by a certificate issued by the 
respective authorities of the member state of the Paris Convention and a document showing the kind 
of exposition or fair, the place where it was organize d, the date it opened and closed and the first day 
of exhibition of the products and/ or services mentioned in the applica tion for registration of the mark. 
 
Article 149 
Separating the Initial Application 
 
1. On the request of the applicant, every applicati on (initial application) refe rring to different goods or 
services may be separated into two or more applications.  IP/N/1/ALB/I/2 
Page 60  
 
  2. The separated applications keep the date of f iling of the initial application and enjoy the priority 
right, if any.  3. A request to separate an application may be file d in the period before a decision is taken on the 
registration of the mark. 
 
4. A specified tariff is paid for every separation of an application.  
Article 150 
Examination of the Formalities 
 
1. Applications for the registration of a commercia l mark are examined by the GDPT according to the 
order of their submission date.  2. An application is examined out of order, in  an exception to point 1 of this article, if: 
 
a) an application for the international registration of the mark has been filed;  b) there is a conflict about the violation of the rights of the mark. 
 3. In the case of letter “b” of point 2 of this article , the applicant files a request that the application be 
preceded immediately and pays the respective tariff. 
 4. Within three months from the date of receiving the application, the GDPT examines it as to whether 
it is in conformity with the requirements of article  145 of this law and the implementing regulation. 
 
5. If the GDPT finds that not all the requirements of article 145 of this law and the implementing 
regulation have been met, it notifies the applican t that he should make completions within three 
months from the date of notification. When the applicant does not make the required completions 
within the designated period, the GDPT refuses th e application for registration of the mark. 
 6. The time period for submission of completions ma y be extended for one additional month if the 
applicant submits a reasoned request for an extension. 
 7. If the applicant makes the completions required within the defined period, the application for 
registration of the mark is filed.  
Article 151 
Publication of the Application 
 
1. If an application for registration of a mark has been filed in conformity with the requirements of 
this law, the data of the application are published in the gazette of the GDPT. 
 
2. The data of the application that are publishe d in the gazette of the GDPT are defined in the 
implementing regulation.  
Article 152 
Opposition to a Published Mark 
 
1. An opposition to a published mark is filed in  GDPT within a three month period from the date of 
publication, against the payment of the respective tariff by:   IP/N/1/ALB/I/2 
 Page 61 
 
 
  a) the applicant of an earlier mark filed in the GDPT or the owner of an earlier mark 
registered in conformity with the definitions of points 1 and 2 of article 143 of this Law; 
 b) an owner who has a commercial name according to the definition of letter “a” of point 3 of article 143; 
 
c) a natural person, according to the definiti on of letter “b” of point 3 of article 143; 
 ç) the owner of an earlier right of industrial property, according to the definition of letter “c” 
of point 3 of article 143; 
 
d) every person who has a copyright according to the definition of letter “ç” of point 3 of article 143. 
 2. The time period for filing an opposition is not exte nded beyond the period defined in point 1 of this 
article. 
 3. The GDPT is obligated to notify the applicant against whom the opposition is filed in writing. 
 4. Details about the submission of an opposition a nd the respective procedure are defined in the 
implementing regulation of this Law. 
 
Article 153 
Examination of an Opposition 
 
1. The Board of Appeal of GDPT examines that the opposition filed is in conformity with the 
requirements of point 1 of article 152 of this Law.  Each party to the opposition procedure shall have 
the right to take part in the procedure and to subm it its arguments orally or in writing within a period 
to be fixed by the appeal board  2. During the examination, the board has the right to ask the parties to the opposition procedure for additional materials and documents within the pe riod defined for this purpose in the implementing 
regulation. 
 3. The board examines the opposition within a thr ee-month period from the date of submission and 
notifies the parties of its decision.  
4. The decision of the appeal board on an oppositio n submitted according article 152 of this law may 
be appealed to court within 30 days from the date  of receipt of notification of the decision of the 
board.  
Article 154 
Registration of a Mark 
 
1. After the approval of the filing date, the GD PT examines an application within a three-month 
period as to whether it is in conformity with the re quirements of paragraph 2 and 3 of articles 140 and 
article 142 of this law.  
2. During the examination, the GDPT has the right to ask the submitter of the application for 
additional materials and documents. The period within  which the applicant should submit them to the 
GDPT is defined in the implementing regulation.  IP/N/1/ALB/I/2 
Page 62  
 
  3. In conformity with the results of the examinatio n, the GDPT decides whether to register or refuse 
the mark. After the end of the three-month period of  publication of the mark, the applicant is notified 
of the decision taken. When the decision is positive , the applicant is required to pay the tariff of 
registration of the mark.  
4. The GDPT refuses the application for registration of the mark if it does not meet the conditions 
defined in articles 140 points 2 and 3 and 142 of this law.  5. If the applicant pays the tariff of registration within the period defined in the implementing regulation, the GDPT registers the mark in the register of marks and issues a certificate of registration 
within a three-month period from the date of payment of the tariff. 
 6. If the applicant does not make payment of the tari ff of registration within the period defined in the 
implementing regulation, the GDPT refuses the application for registration of the mark. 
 
7. The GDPT makes publication of a registered mark in its gazette. 
 8. Data about the certificate of re gistration of the mark and data about  the publication of the registered 
mark are defined in the implementing regulation.  
Article 155 
Appealing a Decision 
 
1. Within a two-month period from the date of recei ving notification of the refusal of an application 
according to articles 150 point 5 and 154 point 4 of this  law, the applicant has the right to appeal the 
decision of the GDPT to the appeal board of the dir ectorate, against payment of the respective tariff. 
 
2. The board examines the application within a th ree-month period from the date of submission and 
notifies the applicant of its decision.  3. During the examination, the board has the right to ask the submitter of the application for additional 
materials and documents within the period defined for this purpose in the implementing regulation. 
 
4. A decision of the appeal board on a refusal accordi ng to point 5 of article 150 of this law is final. 
 5. A decision of the appeal board on a refusal acco rding to point 4 of article 154 of this law may be 
appealed to court within 30 days from the date of receipt of notification of the decision of the board. 
 
 
CHAPTER XXV 
EFFECTS OF REGISTRATION OF A MARK 
 
Article 156 
The Rights that Come from Registration 
 
1. The owner of a registered mark has the exclusiv e right of use of the mark according to the rights 
defined in this law.  
2. The owner of a registered mark has the right to  impede third parties from using, in the course of 
trade, without his authorization:  
a) a sign that is the same for goods or services that  are the same as those for which the mark is 
registered;  IP/N/1/ALB/I/2 
 Page 63 
 
 
   
b) a sign that is the same as or similar to a mark, but which, because of the identity or 
similarity of the goods and services for which th e sign is used the si gn with those designated 
by the registered mark may cause a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trade mark; 
 
c) the same or similar sign for goods or services  even when they are neither the same as nor 
similar to those as to which the mark has been  registered, when the mark has a reputation in 
the Republic of Albania and from the use of the sign, without due cause, an unfair benefit is created or the distinguishing nature and good name of the mark are damaged. 
 
3. In conformity with point 2 of  this article, also prohibited is: 
 
a) putting the signs on goods or on their wrapping;  
b) putting goods into the market, offering them fo r sale, using this sign, or creating stockpiles 
for these purposes;  c) the offering of services using this sign;  ç) the import or export of goods using this sign; 
 
d) the use of the sign in business and in advertisements. 
 4. The rights granted to the owner of a registered ma rk according to this article are also granted to the 
owner of a mark that is well known in the Republic of  Albania, in the meaning defined in Article 143, 
paragraph 5 letter “ç” of this law. 
 
Article 157 
Restrictions of the Rights that Come from Registration 
 
1. The protection does not give the owner of the mark the right to prohibit third parties from using, in 
the market and in conformity with  business practices and requirements: 
 
a) his name and address;  b) indications of the type, quality, amount, destination, value, place of origin, time of 
production or other characteristics of goods or the performance of services; 
 c) the mark, when it is necessary to show the purpose of use of goods and services, especially 
in the case of accessories or parts. 
 
Article 158 
End of the Rights that Come from Registration 
 
1. The owner of the mark does not have the right defined in article 156 of this Law for goods that 
have been put into the market by him himself or w ith his permission, in the Republic of Albania or in 
any other territory defined by a b ilateral or multilateral agreement. 
 
2. Point 1 of this article is not applicable in a c ase when there is legitima te reason for the owner to 
oppose the further marketing of the goods, in par ticular when the condition of the goods has changed 
or when the goods have been spoiled after entering the market.  IP/N/1/ALB/I/2 
Page 64  
 
  Article 159 
Obligation to Use the Mark 
 
1. In order to maintain its validity, the owner of a mark should use the mark for the goods or services 
for which it is registered, unless there are proper reas ons for non-use, like in cases that do not depend 
on his will. 
 2. If within a five-year period from the date of regi stration of the mark, the owner of the mark has not 
made genuine use of it for the goods or services for wh ich it is registered, or has suspended its use for 
an uninterrupted five-year period, the mark will be su bject to the sanctions provided for in article 174 
of this law, unless there are proper reasons for non- use, like in cases that do not depend on the will of 
the owner.  3. The use of the mark within the meaning of poin t 1 and 2 of this article also means its use in 
packaging, catalogues, brochures, manuals, adve rtisements, the media of communication and 
electronic commerce or audio-visual media, provided that it is perceived by the public as relating to 
the offering or providing of goods or services designa ted by the mark in the Republic of Albania. 
 4. The use of the mark within the meaning of  point 1 and 2 of this article also means: 
 
a) its use by a licensee or another person when this is permitted by its owner, or by any person 
who has authority to use a collective mark 
 b) its use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered;  
c) affixing of the mark to goods or to the pack aging thereof in the Republic of Albania solely 
for export purposes. 
 
Article 160 
Limitation in consequence of acquiescence 
 1. Where the proprietor of an earlier mark as refe rred to in article 143 paragraph 5 has acquiesced, for 
a period of five successive years, in the use of a late r mark registered in the Republic of Albania while 
being aware of such use, he shall no longer be entitle d on the basis of the earlier mark either to apply 
for a declaration that the later mark is invalid or to  oppose the use of the later mark in respect of the 
goods or services for which the later trade mark has been used, unless registration of the later trade 
mark was applied for in bad faith. 
 2. The proprietor of the later registered mark sh all not be entitled to oppose the use of the earlier 
mark.  
Article 161 
Changes in Name and/or Address 
 
1. The registered mark shall not be altered in th e register during the period of registration or on 
renewal thereof. Nevertheless, where the alteration of the trade mark includes the name and address of 
the proprietor, such alteration shall be registered  by GDPT in the trademarks register, against the 
payment of the respective tariff. 
 2. The GDPT registers the limitation of list of goods and/or services in the register of marks on the request of the owner of the mark, agai nst payment of the respective tariff. 
  IP/N/1/ALB/I/2 
 Page 65 
 
 
  3. Details about the submission of the request and the procedure for registration of the change are 
defined in the implementing regulation.  
Article 162 
Transferring Ownership of a Mark 
 
1. The GDPT registers the transfer of ownership of a mark in the register of marks on the request of 
the owner of the mark or of its new owner, against the respective tariff.  2. The owner of a registered mark may transfer his ri ght to the mark, in whole or in part, by means of 
an agreement signed by the two par ties, which is filed in the GDPT. 
 3. The rights to the mark may be transferre d with or without transferring the business. 
 4. The transfer has no legal effect if is not register ed in the trademark register. Where it is clear from 
the transfer documents that because of the transf er the trade mark is likely to mislead the public 
concerning the nature, quality or geographical origin of the goods or services in respect of which it is 
registered, the GDPT shall not register the transfer  unless the successor agrees to limit registration of 
the trade mark to goods or services in resp ect of which it is not likely to mislead. 
 5. The GDPT refuses registration in the register of  a requested change if the respective documentation 
is not submitted in the designated period. 
 6. Details about the submission of the request and the procedure for registration of the change are 
defined in the implementing regulation.  
Article 163 
Licensing 
 
1. A mark may be licensed for some or all of the goods or services for which it was registered. A 
license may be exclusive or non-exclusive.  
2. The license agreement, which will be filed in th e GDPT, shall be in written form and signed by the 
two parties.   3. The owner of a licensed mark may use the right s that registration of the mark gives against a 
licensee who violates the conditions set in the contract  for its time extent, the form in which the mark 
may be used, the sphere of the goods or services fo r which the license was issued, the territory where 
the mark is used or the quality of the produc ts produced or the services secured by the licensee. 
 4. A license contract will not be valid when it does not  contain the obligations that the licensor puts on 
the licensee for its time extent, th e form in which the mark may be used, the sphere of goods or 
services for which the license has been  issued, the territory where the mark is used or the quality of 
the products produced or the services secured by the licensee. 
 5. A license agreement does not have legal effect if it has not been registered in the register of marks. 
Without prejudice to the provisions of the licensing contract, the licensee may bring proceedings for infringement of a trade mark only if the licensor cons ents thereto. However, the holder of an exclusive 
license may bring such proceedings if the licenso r, after formal notice, does not himself bring 
infringement proceedings within an appropriate pe riod. A licensee shall, for the purpose of obtaining 
compensation for damage suffered by him, be en titled to intervene in infringement proceedings 
brought by the licensor.  IP/N/1/ALB/I/2 
Page 66  
 
  6. The GDPT refuses registration of a license in the register if the respective documentation is not 
submitted in the designated period.  7. Details about the submission of the request and the procedures for registering a change are defined 
in the implementing regulation. 
 
Article 164 
Time Extent and Renewal of Registration 
 
1. The registration of a mark lasts for 10 years, starting from the filing date. 
 
2. A mark may be renewed endlessly for ten-year pe riods, after the owner of the mark files a request 
in the GDPT and pays the respective tariff, in a pe riod no later than six months from the end date of 
the time period of registration.  
3. The new period for protection of the mark begins from the end date of the previous ten-year period 
of protection.  4. If the owner of a mark does not file a request for its renewal or does not pay the respective tariff 
according to the requirements of point 2 of this  article, the mark in question becomes invalid. 
 
5. The data contained in a request to renew a ma rk and the respective procedure is defined in the 
implementing regulation.   
CHAPTER XXVI 
COLLECTIVE MARKS 
 
Article 165 
Object of the Protection of Collective Marks 
 
A collective mark protects a sign that is used to di stinguish goods and/or services put into the market 
by a commercial or industrial collaboration, by a society or similar body of various subjects. 
 
Article 166 
Content of an Application for a Collective Mark 
 1. Applicants for collective marks may be juridi cal persons and other entities who gain juridical 
personality in the manner defined by law.  2. The application for a collective mark is accompan ied by an act or contract defining the rules of 
joint use of the collective mark.  
3. The provisions of this law for commercial mark s are also applicable fo r collective marks, while 
details about the data of the application and the respective procedures are de fined in the implementing 
regulation.    IP/N/1/ALB/I/2 
 Page 67 
 
 
  CHAPTER XXVII 
EXECUTION OF RIGHTS 
 
Article 167 
Procedures for Violation of Rights 
 
1. The applicant, the owner of a registered mark, a licensed person, an authorized user of a collective 
mark or any other person whose right in conformity with the provisions of this law has been violated 
may bring a lawsuit in court for the violation of the rights. For the purposes of this chapter, the owners 
of marks which are well known in the Republic of Albania in the meaning of article 6 bis of the Paris 
Convention, as defined in article 143 paragraph 5 letter “ç” of this Law, enjoy the same rights as the 
owners of registered marks.  2. Every unauthorized use, limitation, imitation or joint accompaniment that is in opposition to the 
provisions of this law is an infringement of the righ t of a registered mark or a mark as to which there 
has been an application for regi stration, according to this law. 
 3. A person within the meaning of point 1 of this ar ticle has the right to turn to the court against the 
person who is infringing his rights, seeking:  
a) the prohibition of further acts that constitute infringement of the rights; 
 
b) the removal of the objects that constitute an infringement of the rights from the channels of 
commerce or, if there is no other way, their destruction;  c) the removal of means used exclusively or  almost exclusively for the creation of the 
products that constitute an infringement or, if  there is no other way, their destruction; 
 ç) the publication of the final decision of the court in the public media at the expense of the person who has committed the infringement in  the manner determined by the court. 
 4. The infringer is responsible for all damage that ha s been caused to the plaintiff. In conformity with 
the provisions of the legislation in force, the c ourt determines the compensation of damages, except 
when it is otherwise specified and based on the case may:  
a) take into account all appropriate aspects, such as the negative economic consequences, 
including lost profits, which the injured party has suffered, any unfair profits made by the 
infringer and, in appropriate cases, elements ot her than economic factors, such as the moral 
prejudice caused to the rightholder by the infringement; or  b) in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which woul d have been due if the infringer had requested 
authorisation to use the intellectual property right in question. 
 
5. A lawsuit for the infringement of rights may be f iled in court within three years from the date when 
the plaintiff became aware of the infringe ment and the identity of the infringer. 
 
Article 168 
Right of information 
 
1. In the context of proceedings concerning an infri ngement of a mark, and in response to a justified 
and proportionate request of the claimant, the court may order that information on the origin and IP/N/1/ALB/I/2 
Page 68  
 
  distribution networks of the goods or services whic h infringe the mark be provided by the infringer 
and/or any other person who:  
a) was found in possession of the infringing goods on a commercial scale;  
b) was found to be using the infringing services on a commercial scale; 
 c) was found to be providing on a commercial scale services used in in fringing activities; or 
 ç) was indicated by the person referred to in lette rs “a”, “b” or “c” of this paragraph as being 
involved in the production, manufacture or distri bution of the goods or the provision of the 
services. 
 2. The information referred to in  paragraph 1 of this article shall, as appropriate, comprise: 
 
a) the names and addresses of the producers, manufacturers, distributors, suppliers and other 
previous holders of the goods or services, as well as the intended wholesalers and retailers; 
 b) information on the quantities produced, manufac tured, delivered, received or ordered, as 
well as the price obtained for the goods or services in question. 
 
3. Paragraphs 1 and 2 of this  article shall not apply if: 
 
a) on the basis of the information available to it, the court has reason to assume that the right 
to information is misused;  
b) providing the requested information would fo rce the person referred to in paragraph 1 to 
admit to his/her own participation or that of hi s/her close relatives in the infringement of the 
mark, or  c) disclosure of the information cannot be requested pursuant to rules protecting the confidentiality of information sources or the processing of personal data. 
 
Article 169 
Evidence 
 
1. On application by a party which has presented reasonably available evidence sufficient to support 
his claims, and has, in substantiating those claims, specified evidence which lies in the control of the 
opposing party, the court can order that such eviden ce be presented by the opposing party, subject to 
the protection of confidential information.  2. Under the same conditions, in the case of an infringement committed on a commercial scale, the 
court can order, where appropriate, on application by  a party, the communication of banking, financial 
or commercial documents under the control of the opposing party, subject to the protection of 
confidential information.  
Article 170 
Temporary Measures 
 
1. The court orders temporary measures when the person who requests them:  
a) is an owner according to the definition of this Law and enjoys the rights mentioned in 
article 156 of it;  IP/N/1/ALB/I/2 
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b) submits documents that enable the court to d ecide that his right has been infringed or that 
such an infringement is very likely to occur;  c) seeks that the measures be  taken without unjustified delay after noticing the declared 
violation. 
 2. In taking temporary measures, the court, may:  
a) impede imminent violations or  violations that have started; 
 
b) prohibit the entry of the goods into the channels of commerce;  c) order the preservation of relevant evidence in respect of the alleged infringement, subject to 
the protection of confidential information.  Such measures may include the detailed 
description, with or without the taking of sam ples, or the physical seizure of the infringing 
goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto;  ç) confiscate, take out of circulation or take under safe-keeping, for the period of the civil procedure, the objects that constitute the violati on or the means used for the production of the 
objects that constitute a violation of the rights according to this law. 
 d) order, in the case of an infringement comm itted on a commercial scale and if the injured 
party demonstrates circumstances likely to endanger the recovery of damages, the precautionary seizure of the movable and im movable property of the alleged infringer, 
including the blocking of his/her bank accounts and other assets. To that end, the court may 
order the communication of bank, financial or  commercial documents, or appropriate access 
to the relevant information. 
 3. The court decides on taking the temporary meas ures mentioned in paragraph 2 of this article 
without hearing the other party, in particular when  delay might cause irrepara ble damage to the owner 
of the right, or when evidence may be destroyed .. The defendant is notified of the measures taken 
without delay, at the latest immediately after the measures have been executed. A review, including a 
right to be heard, shall take place upon request of the defendant with a view to deciding, within a 
reasonable time after notification of the measures,  whether those measures shall be modified, revoked 
or confirmed. 
 
4. When deciding on temporary measures, the cour t also sets a time limit for the person who has 
asked for them to bring a suit in court according to the definitions of article 167 of this Law. The time 
limit begins from the date the temporary measures be gin and no later than 15 days after this date. 
 5. The temporary measures mentioned in paragraph 2 letters “a” and “b” of this article can be issued 
against the alleged infringer of a mark as well as, under the same conditions, against an intermediary 
whose services are being used by a third party to infringe a mark.  6. The issue of temporary measures mentioned in this article is subject to the lodging by the plaintiff of adequate security or an equivalent assuran ce intended to ensure compensation for any prejudice 
suffered by the opposing party. 
 IP/N/1/ALB/I/2 
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  Article 171 
Measures at the Border 
 
1. If the owner of a registered mark or the holder of right within the meaning of this Law, submits a complaint for goods imported into the Republic of Albania or the goods inside the market that violate 
his rights defined in this law, on his request the customs authorities or the authorities responsible for 
the supervision of internal market, whichever the case, are obliged to make the necessary inspection 
and according to its result, to decide not to rel ease the goods from the custom regime or to remove 
them from the market and in both cases to store them  in a secure place, except when the importer or 
the seller has original documents about the production of the imported goods. 
 
2. The owner of a registered mark or the holder of right within the meaning of this Law, is obligated 
to submit a guaranty for the damages that might be caused by the taking of the measures described in 
point 1 of this article.  
3. The customs authorities or the authorities respons ible for the supervision of internal market 
immediately notify the importer and recipient of the goods of the measures decided on.  4. The customs authorities or the authorities respons ible for the supervision of internal market 
interrupt the measures imposed according to point 1 of this article if the owner of the registered mark 
or the holder of right within the meaning of this Law, does not file a lawsuit in court within 20 days 
(working days) from the day of the notification of the measures taken by cu stoms authorities or the 
authorities responsible for the supervision of internal market. 
 
 
CHAPTER XXVIII 
SURRENDER OF REGISTRATION, REVOCATION AND REPEAL 
 
Article 172 
Withdrawal of Registration 
 
1. The owner of a registered mark may withdraw it from registration by a request in writing, which is 
submitted to the GDPT. 
 2. The withdrawal enters into force from the date of  delivery of the request to the GDPT together with 
the authorization of representation and the docum ent of the payment of the respective tariff. 
 
3. The withdrawal may be done for several or a ll of the goods and services for which the mark was 
registered.  4. The GDPT notes the withdrawal in the register of marks.  
Article 173 
Revocation of a Mark 
 
1. On the request of a person, the court revokes a registration when it does not meet the requirements 
defined in articles 142 and 143 of this law, at the tim e when the application for registration was filed. 
 
2. Every registration that is de-registered is cons idered non-existent beginning from the filing date of 
the mark. If a mark which does not meet the requireme nts of article 142, paragr aph 1, letters “a”, “b” 
or “c” of this law has acquired a distinctive char acter in accordance with article 142 paragraph 2 of 
this Law, it will not be cancelled, but its priority date will be shifted to the point in time when 
distinctive character had been acquired.  IP/N/1/ALB/I/2 
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3. A mark may not be declared invalid on the ground that there is an earlier conflicting trade mark if 
the latter does not fulfil the requirements of use set out in article 159 of this Law.  4. Where grounds for refusal of registration or declar ation of invalidity of a mark exist in respect of 
only some of the goods or services for which that ma rk has been applied for or has been registered, 
refusal of registration or declaration of invalidity shall cover those goods or services only.  5. The revocation of a registered mark cannot be d one without its owner being called as a party in the 
court proceeding. The court notifies the GDPT on the decision of revocation of a mark. 
 
6. The GDPT registers the decision in the register of marks.  
Article 174 
Repeal of a Mark 
 
1. The registration of a mark is repealed when:  
a) its owner has not used the mark for the goods or services for which the mark was registered 
for an uninterrupted period of five years. However, a third party may not claim that the proprietor’s rights on a trade mark should be revoked where, during the interval between 
expiry of the five-year period and filing of the application or counterclaim, genuine use of the 
trade mark has been started or resumed; the commencement or resumption of use within a 
period of three months preceding the filing of the application or counterclaim which began at 
the earliest on expiry of the continuous period of five years of non-use shall, however, be disregarded where preparations for the comme ncement or resumption occur only after the 
proprietor becomes aware that the appli cation or counterclaim may be filed; 
 b) in consequence of acts or inactivity of the owner, the mark has become an ordinary name 
in the market for the goods or services for which it was registered;  c) as a consequence of the use made by the owne r or with his consent of the goods or services 
for which it was registered, the mark disorien ts the public, principally about the nature, 
quality or geographical origin of the goods or services. 
 2. A request for the repeal of a ma rk, within the meaning of point 1 of  this article, is sought in court 
by the interested parties. The repeal of a regi stered mark cannot be done without its owner being 
called as a party in the court proceeding. The cour t makes the GDPT aware of its decision within one 
month from the date of taking the final decision.  3. A registration of a mark, within the meaning of le tter “a” of point 1 of this article, is not repealed 
for the goods and services for which it was registered when:  
a) it has been used by a licensee or another pers on when this is permitted by its owner, or by 
any person who has authority to use a collective mark  b) it has been used in a form differing in elem ents which do not alter the distinctive character 
of the mark in the form in which it was registered; 
 
c) it has been affixed to goods or to the pack aging thereof in the Republic of Albania solely 
for export purposes  IP/N/1/ALB/I/2 
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  ç) it has been used for publicity and busin ess correspondence, as set out in article 159, 
paragraph 3 of this Law. 
 4. Where grounds for revocation of a mark exist in  respect of only some of the goods or services for 
which that mark has been registered, revoca tion shall cover those goods or services only. 
 
5. Every registration that is repealed ceases its effe cts from the date the repeal enters into force. 
 6. The GDPT registers the repeal in the register of marks.  
 
CHAPTER XXIX 
INTERNATIONAL AGREEMENTS 
 
Article 175 
International Registration of Marks 
 
1. The owner of a registered mark or the applican t may file with the GDPT, against payment of the 
respective tariff, a request for the international re gistration of the mark, in reliance on the Madrid 
agreement and/or the protocol of this agreement.  
2. The provisions of this law are applicable to a ll matters that are not included in those agreements. 
 3. In the service of the international registration of  the mark according to the Madrid agreement, the 
publication of the request according to article 151 of this Law is replaced with the publication of the 
international registration in the official gazette of WIPO. 
 
4. The time period for filing an opposition to an inte rnational registration of a mark in the Republic of 
Albania begins from the first day of the month follo wing the month of publication of the mark in the 
official gazette of WIPO.  5. The request referred to in point 1 of this artic le is filed in the GDPT according to the procedure 
defined in the implementing regulation. 
  
PART V 
GEOGRAPHICAL INDICATIONS 
 
CHAPTER XXX 
DEFINITIONS, CONDITIONS AND RIGHT OF PROTECTION 
 
Article 176 
Object of Protection 
 
1. Geographical names and designations of origin that  are used in the market to show the geographical 
origin of products are protected by this La w and the implementing regulation as geographical 
indications.  
2. Designation of origin means the name of a region, a specific place or, in exceptional cases, a 
country, used to describe a product:  
a) originating in that region, specific place or country, and   IP/N/1/ALB/I/2 
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  b) the quality or characteristics of which are essen tially or exclusively due to a particular 
geographical environment with its inherent na tural and human factors, and the production, 
processing and preparation of which take place in the defined geographical area. 
 3. Geographical indication means the name of a region, a specific place or, in exceptional cases, a 
country, used to describe a product: 
 
a) originating in that region, specific place or country, and  b) which possesses a specific quality, reputation or  other characteristics attributable to that 
geographical origin and the production and/or processing and/or preparation of which take 
place in the defined geographical area. 
 4. Certain traditional geographical or non-geographi cal names designating an agricultural product or a 
foodstuff originating in a region or a specific plac e, which fulfil the conditions referred to in the 
second indent of paragraph 2 (b) shall also be considered as designations of origin. 
 5. By way of derogation from para graph 2 of this article, certain geographical designations shall be 
treated as designations of origin where the raw materials of the products concerned come from a geographical area larger than or different from the processing area, provided that:   
a) the production area of the raw materials is limited, 
 b) special conditions for the production of the raw materials exist, and  c) there are inspection arrangements to ensu re that those conditions are adhered to. 
 
For the purposes of this paragraph,  only live animals, meat and milk may be considered as raw 
materials.  
Article 177 
The Right to File an Application 
 
1. Every person who produces processes or prepares , in a designated geographical zone, a product for 
the definition of which a geographical indication is u sed, has the right to file an application for the 
registration of this indication.  
2. The boundaries of the geographical locality, the particularities and characteristics of the goods, and 
the relation between the particularities and ch aracteristics of the goods in the geographical 
environment or geographical origin are defined by  the respective authority. When the designated 
geographical area lies outside the Republic of Albania,  the respective determinations are made by the 
GDPT or the authority designated by it.  
Article 178 
The Rights that Come from Registration 
 
1. The right of ownership over geographical indica tions is gained through registration in the GDPT. 
The registration of a geographical indication gives the owners the right to use it. They do not have the 
right to give use licenses for geographical indications. 
 IP/N/1/ALB/I/2 
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  2. The owners have the right to prohibit: 
 
a) every commercial use of a geographical indica tion for goods that are the same as, or similar 
to, those for which the geographical indication is  registered, or any use for goods, even when 
they are dissimilar to those for which the geogra phical indication has been registered, if unfair 
advantage is taken of the reputation of the geographical indication goods; 
 b) every inappropriate use or falsification of the geographical indication, even when the true 
origin of the goods has been specified, or every use of the translation or use accompanied by 
such terms as “kind,” “type,” “style,” or other similar ones; 
 
c) every other inexact and false use of the geogra phical indication, the origin, the nature or the 
fundamental qualities of the goods specified in th e packing, the materials of advertisements 
and correspondence about the products, when such indications create misinformation about the true origin of the products; 
 
ç) every use of the geographical indication that identifies wines or beverages that do not have 
their origin in the country indicated by the geographical indication even in cases when their 
true origin is indicated, or every use of a translation or use accompanied by such terms as 
“kind,” “type,” etc.;  
d) every other action that might create misinforma tion of the user about the true origin of the 
goods. 
 3. Geographical indications will not be turned into  ordinary names so long as they enjoy protection 
according to the provisions of this law. 
 
4. A registered geographical indication is a collec tive right and may be used as such in the market 
only by those who, in conformity with the defin itions of points 2 and 3 of article 176, produce, 
process or prepare the product.  
Article 179 
The Right of the User 
 
1. A registered geographical indication may be used only by the persons registered as users.  2. A registered user may use the geographical indication only for the goods for which it has been 
registered and put it on the goods or packaging or use it in advertisements or in business 
correspondence.  
Article 180 
Bases for Refusal of Registration 
 A name is not registered as a geographical indication if: 
 
a) it has been turned into a general name in the market, in the territory of the Republic of 
Albania, for a specific product, regardless of whether the product his its origin in the country 
specified by the indicator in question; 
 
b) it is the same as the name of an agricultural product or animal variety previously registered, 
when this creates misinformation of the user about the true origin of the goods;   IP/N/1/ALB/I/2 
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  c) it is the same as a geographic indication or mark previously registered for the same 
products;  ç) it is the same as a geographical indication or mark previously registered for products that are similar or the same, when this causes misinformation of the user. 
 
Article 181 
Time Extent of Protection 
 
1. The protection of geographical indications begins  with registration in the GDPT, with effects from 
the date the application was filed. 
 2. The legal protection of a registered geographi cal indication is unlimited in time and ends when 
there no longer exists a connection between the pa rticularities and characteristics of the goods and the 
geographical environment. 
 
 
CHAPTER XXXI 
PROCEDURES FOR REGISTRATION OF A GEOGRAPHICAL INDICATION 
 
Article 182 
Filing the Application 
 
1. An application for the registration of a geographical indication is filed in the GDPT. 
 2. An application is made only for one geogr aphical indication and one type of product. 
 
3. The application contains:  
a) the name and address of the applicant;  b) the definition of the product; 
 
c) the definition of the boundaries of the geographical locality;  ç) a report about the particularities and charact eristics of the goods and their connection with 
the geographical environment and geographical origin; 
 
d) a document issued by the respective authorit y according to point 2 of article 177 of this 
Law;  dh) a document issued by the local authoriti es certifying the performance of the productive 
activity of the applicant in the defined geographical region. 
 
4. The application is accompanied by a documen t of the payment of the respective tariff. 
 5. Other procedures and additions for the applica tion are defined in the implementing regulation. 
 IP/N/1/ALB/I/2 
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  Article 183 
Revocation of a Geographical Indication 
 
1. On the request of an interested person, the court revokes a registration when it does not meet the 
requirements defined in article 176 point 1 and 2 and article 180 of this law, at the time when the 
application for registration was filed. 
 2. The registration of a foreign geographical indica tion is considered revoked when it is deregistered 
in the country of origin.  
3. The revocation of a geographical indication has effects from the filing date of the application. 
 4. The revocation of a geographical indication cannot  be done without the registered user of the 
geographical indication being called as a party in the court proceeding. The court notifies the GDPT 
on the decision of revocation of a geographical indication. 
 
5. The GDPT registers the decision in the respective register.   
CHAPTER XXXII 
EXECUTION OF THE RIGHTS 
 
Article 184 
Procedures for Infringement of Rights 
 
1. The applicant and the registered user of a geogr aphical indication may bring a lawsuit in court for 
an infringement of rights. 
 2. Every unauthorized use, limitation, imitation or joint accompaniment that is against the provisions 
of this law is an infringement of the right of a geographical indication or an indication for which there has been an application for regi stration according to this law. 
 
3. A person within the meaning of point 1 of this article has the right to turn to the court against 
another person who violates his rights, seeking:  
a) the prohibition of the commission of further acts of infringement of the rights;  
b) the removal of the objects that constitute an infringement of the rights from the channels of 
commerce or, if there is no other way to cease the infringement, their destruction; 
 c) the removal of means used exclusively or  almost exclusively for the creation of the 
products that constitute an infringement, or if  there is no other way, their destruction; 
 
ç) the publication of the final decision of the court in the public media at the expense of the 
infringer, in the manner determined by the court. 
 4. The infringer shall be responsible  for all damage that has been caused to the plaintiff. In conformity 
with the provisions of the legislation in force, the court shall determine the compensation of damages, 
except when it is otherwise speci fied and based on the case may: 
 
a) take into account all appropriate aspects, such as the negative economic consequences, 
including lost profits, which the injured party has suffered, any unfair profits made by the  IP/N/1/ALB/I/2 
 Page 77 
 
 
  infringer and, in appropriate cases, elements ot her than economic factors, such as the moral 
prejudice caused to the rightholder by the infringement; or   b) in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which woul d have been due if the infringer had requested 
authorisation to use the intellectual property right in question. 
 5. A lawsuit for an infringement of rights may be f iled in the court within three years from the date 
when the plaintiff became aware of the infri ngement and the identity of the infringer. 
 
Article 185 
Right of information 
 
1. In the context of proceedings concerning an in fringement of a geographi cal indication, and in 
response to a justified and proportionate request of the claimant, the court may order that information 
on the origin and distribution networks of the goods or services which infringe the geographical 
indication be provided by the infri nger and/or any other person who: 
 
a) was found in possession of the infringing goods on a commercial scale;  b) was found to be using the infringing services on a commercial scale; 
 
c) was found to be providing on a commercial scale services used in in fringing activities; or 
 ç) was indicated by the person referred to in lette rs “a”, “b” or “c” of this paragraph as being 
involved in the production, manufacture or distri bution of the goods or the provision of the 
services. 
 2. The information referred to in  paragraph 1 of this article shall, as appropriate, comprise: 
 
a) the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers; 
 
b) information on the quantities produced, manufac tured, delivered, received or ordered, as 
well as the price obtained for the goods or services in question. 
 3. Paragraphs 1 and 2 of this  article shall not apply if 
 
a) on the basis of the information available to it, the court has reason to assume that the right 
to information is misused;  b) providing the requested information would fo rce the person referred to in paragraph 1 to 
admit to his/her own participation or that of hi s/her close relatives in the infringement of the 
geographical indication, or 
 c) disclosure of the information cannot be requested pursuant to rules protecting the confidentiality of information sources or the processing of personal data. 
 
Article 186 
Evidence 
 
1. On application by a party which has presented reasonably available evidence sufficient to support 
his claims, and has, in substantiating those claims, specified evidence which lies in the control of the IP/N/1/ALB/I/2 
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  opposing party, the court can order that such eviden ce be presented by the opposing party, subject to 
the protection of confidential information.  2. Under the same conditions, in the case of an infringement committed on a commercial scale, the 
court can order, where appropriate, on application by  a party, the communication of banking, financial 
or commercial documents under the control of the opposing party, subject to the protection of 
confidential information..  
Article 187 
Temporary Measures 
 
1. The court, based on the request of an interested  person, orders the temporary measures when such a 
person:  
a) is an owner according to the definition of th is law and enjoys the rights defined in article 
180 of the law; 
 b) submits documents that create the possibility fo r the court to decide that his right has been 
infringed or there is a great possibility that such an infringement will happen;  c) request the temporary measures without unj ustified delay after he has learned of the 
declared infringement. 
 2. In ordering temporary measures, the court may:  
a) impede imminent violations or viol ations that have begun to be committed; 
 
b) prohibit the entry of the goods into the channels of commerce;  c) order the preservation of relevant evidence in respect of the alleged infringement, subject to 
the protection of confidential information.  Such measures may include the detailed 
description, with or without the taking of sam ples, or the physical seizure of the infringing 
goods, and, in appropriate cases, the materials and implements used in the production and/or 
distribution of these goods and the documents relating thereto;  ç) confiscate, take out of circulation or take under safe-keeping, for the period of the civil procedure, the objects that constitute a viol ation of the rights according to this law; 
 
d) order, in the case of an infringement comm itted on a commercial scale and if the injured 
party demonstrates circumstances likely to endanger the recovery of damages, the precautionary seizure of the movable and im movable property of the alleged infringer, 
including the blocking of his/her bank accounts and other assets. To that end, the court may 
order the communication of bank, financial or  commercial documents, or appropriate access 
to the relevant information. 
 3. The court orders the above-mentioned temporar y measures without hearing the other party, in 
particular when any delay might cause irreparable da mage to the owner of the right, or lead to the 
destruction of evidence. The party against whom the lawsuit has been brought is notified of the 
measures taken without delay, at the latest imme diately after the measures have been executed. A 
review, including a right to be heard, shall take place upon request of the defendant with a view to 
deciding, within a reasonable time after notificati on of the measures, whether those measures shall be 
modified, revoked or confirmed.   IP/N/1/ALB/I/2 
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  4. When ordering temporary measures, the court also sets a time limit for the person who has asked 
for them to submit a lawsuit in court according to th e definitions of article 184 of this law. The time 
limit begins on the date the temporary measures st art and no later than 15 days after this date. 
 5. The temporary measures mentioned in paragraph 2 letters “a” and “b” of this article can be issued 
against the alleged infringer of a geographical  indication as well as, under the same conditions, 
against an intermediary whose services are being used by a third party to infringe a geographical 
indication.  6. The issue of temporary measures mentioned in this article is subject to the lodging by the claimant 
of adequate security or an equivalent assuran ce intended to ensure compensation for any prejudice 
suffered by the opposing party.  
Article 188 
Measures at the Border 
 
1. If the owners of a registered geographical indi cation submit a complaint about goods imported into 
the Republic of Albania or the goods inside the market  that violate their rights defined in this law, the 
customs authorities or the authorities responsible for the supervision of internal market, whichever the 
case, are obliged to make the necessary inspection and acco rding to its result, to decide not to release 
the goods from the custom regime or to remove them  from the market and in both cases to store them 
in a secure place, except when th e importer or the seller has authen tic documents about the production 
of these goods.  2. The owners of a registered geographical indi cation are obligated to submit a guaranty for the 
damage that might be caused by the taking of th e measures described in point 1 of this article. 
 
3. The customs authorities or the authorities respons ible for the supervision of internal market 
immediately notify the importer and the recipient of the goods about the measures taken.  4. The customs authorities or the authorities respons ible for the supervision of internal market 
interrupt the measures determined in point 1 of this article if the owners of the registered geographical 
indication do not file a lawsuit in court for the vi olation of rights within 20 days (working days) from 
the day of the notification of the measures taken by  customs authorities or the authorities responsible 
for the supervision of internal market.   
PART VI 
GENERAL PROVISIONS 
 
CHAPTER XXXIII 
GENERAL DIRECTORATE OF PATENTS AND TRADEMARKS 
 
Article 189 
General Directorate of Patents and Trademarks (GDPT) 
 
1. The General Directorate of Patents and Tradem arks is a public institution under the dependence of 
the Minister of Economy, Trade and Energetic. Th e General Director is its representative in 
relationship with third parties. 
 2. The structure and organic of the Directorate of Pa tents and Trademarks is de fined by order of Prime 
Minister, on the proposal of the Minister of Economy, Trade and Energy.  IP/N/1/ALB/I/2 
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  3. The activity of the Directorate of Patents and Tr ademarks is defined and regulated by this law and 
the implementing regulations of this law.  4. The General Director of the Directorate of Patents and Trademarks is assigned and dismissed by 
order of Prime Minister, on the proposal of the Minister of Economy, Trade and Energy. 
 
5. The status of the staff of GDPT is regulated by Law No. 8549, date 11.11.1999 “On the Status of 
Public Servant”.  
Article 190 
Obligations and Restrictions of the Employees of the GDPT 
 
1. During the exercise of activity and for a period of one year after the end of work in the directorate, 
the employees of the GDPT may not file applications for patents, trade marks, industrial designs or geographical indications. They are not permitted direc tly or indirectly (except in cases of inheritance) 
to enjoy the right to patents, commercial marks or industrial designs approved by the GDPT nor may 
obtain any right that arises from them.  2. The employees of the GDPT may not enjoy a priority  right for patents, the registration of marks, 
industrial designs or geographical indications, or app lications for patents, marks, industrial designs or 
geographical indications, that have an earlier date than one year from the end of their employment in 
GDPT. 
 
Article 191 
General Director of the GDPT 
 1. The General Director of the GDPT directs the act ivity of the directorate and follows the fulfilment 
of the provisions defined by this law and its implementation regulations. 
 2. The General Director of the GDPT has the right to sign bilateral agreemen ts of cooperation with 
analogous offices in the field of industrial property, according to the legislation in force.  
3. The General Director of the GDPT, within the are as that this law defines, represents the directorate 
in court, arbitration and the state institutions.  4. In conformity with the provi sions of this law, the General Director of GDPT proposes the 
organizational regulation of GDPT to the Minister of Economy, Trade and Energy and issues orders, 
instructions or other internal acts. 
 
Article 192 
Registers and Gazette 
 
1. The GDPT keeps and administers the registers of: 
 
a) applications for the registration of marks,  industrial designs, geographical indications and 
applications for the grant of a patent and registration of integrated circuits; 
 b) registered patents, integrated circuits, ma rks, industrial designs, geographical indications; 
 
c) authorized representatives for patents, marks and industrial designs. 
 2. The registers mentioned in point 1 of  this article are open to the public. 
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  3. Data about the rights of protected industrial property or applications for their protection are 
published periodically in the gazette of the GDPT no l ess than four times a year, in conformity with 
the requirements of this law.  
Article 193 
Appeal Board 
 
1. The appeal board consists of three members appointed by the General Director of GDPT. The 
members of the board should be employees of GDPT.  
2. Details about the organization and functioning of the appeal board are defined in the Internal  
Regulation of the GDPT.  
Article 194 
Informing the Public 
 
1. The disclosure of information concerning docu ments and other information owned by GDPT is 
made in compliance with the provisions of this Law.  2. The documentation and information within the meanin g of point 1 of this article are made available 
against defined tariffs. 
 
 
CHAPTER XXXIV 
REPRESENTATION 
 
Article 195 
Representation before the GDPT 
 
1. Representation of Persons before GDPT may only be undertaken by authorized representatives 
registered with the GDPT.  
2. By an authorization of representation, Persons may authorize one or more representatives for all or 
for some acts before the GDPT.  3. As an exception to paragraph 1 of this article , Persons with a permanent residence in the Republic 
of Albania or who conduct activity within its territory may be represented before the GDPT, directly 
or through other representatives who are not registered  by GDPT but manage or are employed by this 
person and have an author ization of representation. 
 4. Details about the authorization of the represen tation are defined in the implementing regulation. 
 
Article 196 
Revocation and Limitation of Representation 
 
1. The applicant or the holder of right can re voke, amend or limit the act of representation or the 
representation rights.  
2. The revocation, amendment or limitation of repr esentation act shall become effective only after it 
has been notified to GDPT through a written notification.  IP/N/1/ALB/I/2 
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  Article 197 
Authorized Representatives of Patents and Marks 
 
1. Authorized patent representatives shall be:  
a) Any person resident in the Republic of Al bania who has completed the university studies 
and has exercised an activity in the field of industrial property for a period of time not less 
than 5 years. Shall be considered activity in  the field of industrial property any activity 
fulfilled under directions of an authorized representative registered by GDPT.  
b) Any legal office which employs on a regular contractual basis a person who meets the 
conditions defined in letter “a” of  paragraph 1 of this article. 
 2. The authorized representative of industrial d esigns, marks and geographi cal indications may be: 
 
a) any person resident in the Republic of Al bania who has completed university studies and 
have passed the qualifying test for authorized representatives of industrial designs and marks 
in the GDPT;  b) any law office. 
 
Article 198 
Qualifying Test 
 
1. The GDPT shall organize a test for the qualifica tion as authorized representative. Participation in 
the qualifying test shall be subject to  the payment of the respective fee. 
 
2. The GDPT shall register authorized representatives  of patents, industrial designs and marks in the 
respective register.  3. Details about the register of authorized re presentatives and the procedures of registration are 
defined in the organizational regulation of GDPT. 
 
4. Registration shall be subject to the payment of the respective fee.  
CHAPTER XXXV 
ADMINISTRATIVE INFRACTIONS 
 
Article 199 
Administrative Infractions 
 
1. Any action taken in violation of the provisi ons of articles 36, 127, 156 and 178 of this Law 
constitutes infringement of industrial property rights and is punished with a fine of from 100,000 to 
500,000 lek. Fines shall be set by the authorities respons ible for the supervision of the internal market 
within the Ministry of Economy, Trade and Energy or by the court.  2. The judicial procedures provided for in point 1 of this article may not be undertaken if a period of 
three years has passed from the date  of commission of the violation. 
 
3. In case of a repetition, the maximum punishment define d in point 1 of this article is doubled. It is 
considered a repetition when the infringer commits the violation for a second time within five years. 
 4. The body encharged by this Law to  execute the fines is the Tax Police.  IP/N/1/ALB/I/2 
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CHAPTER XXXVI 
TRANSITIONAL AND FINAL PROVISIONS 
 
Article 200 
The Control and Supervision of the Internal Market 
 
1. The enforcement of this Law in the internal  market is in the comp etences of the authorities 
responsible for the supervision of the internal ma rket within the Ministry of Economy, Trade and 
Energy. 
 2. The organization, functioning and powers of th is authority shall be regulated by other acts. 
 
Article 201 
Procedures in Process 
 
1. For the procedures for the registration of rights of  industrial property that have not been completed 
by the date of entry of this law into force, th e provisions of the law in force will be applied. 
 2. For the procedures for the violation of rights of industrial property that have not been completed by 
the date of the entry of this law into force, th e provisions of the law in force will be applied. 
 
Article 202 
Implementing Regulations 
 This law charges the Council of Minister to approve the implementing regulations in appliance of 
articles 11, 17, 18, 20, 24, 26, 29, 30, 31, 34, 35, 49, 50, 70, 75, 97, 99, 119, 122, 123, 124, 125, 126, 128, 129, 130, 131, 145, 150, 151, 152, 153, 154, 155, 161, 162, 163, 164, 166, 175, 182 of this Law, within one month from the date of its entry into force.  
Article 203 
Repeal 
 
The Law nr. 7819 dated 27.04.1994 “On industrial property” and its amendments are repealed.  
Article 204 
Entry into Force 
 
This law enters into force three months from the date of its publication in the Official Journal. 
 
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