WORLD TRADE  
ORGANIZATION  IP/N/1/ALB/2 
23 February 2005 
 
 (05-0747) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
 
ALBANIA 
   The following communication, dated 17 December 2004, is being circulated at the request of 
the Delegation of Albania.  
_______________ 
 
  In accordance with Article 63.2 of the Agre ement on Trade-Related Aspects of Intellectual 
Property Rights (TRIPS) and the procedures laid down by the Council for TRIPS in November 1995, 
Albania hereby notifies to the Council laws and re gulations relating to the field covered by the 
Agreement, which have been adopted or revised si nce its notification of 26 March 2001 circulated in 
document IP/N/1/ALB/1 dated 30 Octo ber 2002.  Annex I to this notification presents the "Principal 
Laws  and Regulations Concerning Intellectual Prop erty", Annex II presents in table form "Other 
Laws and Regulations" and Anne x III presents "Conventions and Treaties on Intellectual Property 
Rights Albania has Adhered to".  These annexes take up the contents of the previous notification 
mentioned above;  amendments thereto are indicated in bold  and the text is struck out when the laws 
and regulations in question are no longer in force.   
 IP/N/1/ALB/2 
Page 2  
 
 ANNEX I
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS  
 
 - Law N° 7564 on Copyright, dated 19 May 1 992, as amended by Law N° 7923 on Some 
Changes in Law N° 7564 on Copyright of 19 May 1992,  dated 19 April 1995  1 
 - Law N° 8594 on Some Supplements and Changes in Law N° 7564 on Copyright dated 
19 May 1992  2 
 Dated 6 April 2000.   - Law N° 8630 on One Change in Law N° 7564 on Copyright dated 19 May 1992 changed by  
Law N° 7923 dated 19 April 1995 and Law N° 8594 dated 6 April 2000  2 
 Dated 3 July 2000. 
 
- Law Nº 8826 on Some Supplements to Law Nº 7564, dated 19 May 1992, as amended  2 
 Dated 5 November 2001.  
- New Law on Copyright and Related Rights, which will abrogate all the above-mentioned 
laws – Under preparation. 
  
- Law N° 7819 on Industrial Property
 3 
 Dated 27 April 1994.  - Law N° 8477 on Some Changes and Supplements in Law N° 7819 on Industrial Property 
dated 27 April 1994  4 
 Dated 22 April 1999.  
- New Law on Industrial Property, which will abrogate both of the above-mentioned laws 
– Under preparation. 
 - Law N° 8488 on the Protection of Topographies of Integrated Circuits
 4 
 Dated 13 May 1999.  -
 Law N° 8044 on Competition  5 
 Dated 7 December 1995.  
 
- Law Nº 9121 on the Protection of Competition 6 
 Dated 28 July 2003. 
 
                                                      
1 See document IP/N/1/ALB/C/1. 
2 See document IP/N/1/ALB/C/1/Add.1. 
3 See document IP/N/1/ALB/I/1. 
4 See document IP/N/1/ALB/L/1. 
5 See document IP/N/1/ALB/U/1. 
6 The text itself has not yet been notified.  Wh en the text of this law is received in the WTO 
Secretariat it will be distributed  in the IP/N/1/ALB/.. series.  IP/N/1/ALB/2 
 Page 3 
 
 
 - Title 9, Points 118-119, of the Impl ementing Provisions of the Customs Code  7 
 (Decision of the Council of Ministers N° 205, dated 13 April 1999). 
                                                      
7 See document IP/N/1/ALB/E/1. 
 IP/N/1/ALB/2 
Page 4  
 
 ANNEX II
 
 
OTHER LAWS AND REGULATIONS  
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Copyright   
Decision of the Council of Ministers Nº 309 on 
the Tariffs of Users of Artistic Property . 
 
Dated 13 June 2000. 
  Introduces tariffs for the users of artistic property 
that have contracted with agencies of authors.  
 
Instruction of the Minister of Finances and the 
Minister of Culture, Youth and Sports N° 3 on 
the application of the Law on Copyright and its 
Amendments and the Decision of the Council of 
Ministers N° 309 dated 13 June 2000 on the 
Tariffs of Users of Artistic Property . 
 Dated 22 February 2001. 
 
 Gives some instructions to different organisms of 
these Ministries for the implementation of the Law on Copyright with respect to the users of 
intellectual property. 
  
Law Nº 8410 on the Public and Private Radio 
and Television in the Republic of Albania  
dated 30 September 1998 as changed by Law 
Nº 8655 dated 31 July 2000 and Law Nº 8794 
dated 10 May 2001 . 8 
  This law regulates the activity of the public 
and private radio and television, creates the National Council of Radio and Television and describes its competences, provides for 
licenses, radio-television programs, etc. 
Law Nº 9124 on Some Supplements to Law 
Nº 8410 dated 30 September 1998 on the 
Public and Private Radio and Television in the 
Republic of Albania "already changed" . 
 Dated 29 July 2003. 
8 
 
 Supplements provide for the obligations on the 
depositing of the documentation for 
transmitting rights and the prohibition of the 
transmission of programs with the distinctive sign of foreign radio and television operators. 
                                                      
8 The text itself has not yet been notified.  IP/N/1/ALB/2 
 Page 5 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Decision Nº 165 of the National Council of 
Radio and Television for the Approval of the 
Regulation on the Deposit of the 
Documentation for Transmitting Rights . 8 
 Dated 29 August 2003.  
 The Regulation gives instructions and other 
details on the deposit in the National Council 
of Radio and Television of the documentation for obtaining the radio-television transmitting rights of either their own programs or those produced in co-operation with others (with selling, exchanging or donating contract 
agreement). 
  
Instruction of the Minister of Finances on the 
Implementation of the Law on Copyright and 
the Decision of the Council of Ministers Nº 309 
on the Tariffs of Users of Artistic Property . 8 
 
Dated 21 December 2001. 
  Gives instructions to th e Police of Taxation for 
the implementation of the Law on Copyright with respect to the users of artistic property.   
Memorandum of Understanding and Co-
operation on Copyright between the Ministry 
of Culture, the Ministry of Finances, the 
National Council of Radio and Television and 
the collective management society 
ALBAUTOR . 8 
 Dated 10 July 2003. 
 
  Parties in the Memorandum commit to 
promote long-term co-operation and 
coordination of their activities concerning the 
use of literary, musical, scientific or artistic works and enforcement.   
Industrial property   
Decision of the Council of Ministers N° 313 on 
the Operation of the Albanian Patent and 
Trademark Office . 
 Dated 13 June 2000. 
 
 The Albanian Patent and Trademark Office 
becomes a public and central institution in direct dependency of the Council of Ministers.   
Decision of the Council of Ministers N° 568 on 
Some Changes of the Decision of the Council of 
Ministers N° 379 dated 15 August 1994 on 
Tariffs Related to Objects of Industrial Property . 
 
Dated 23 October 1995.   This decision lays down the amounts, terms and 
procedure to pay fees for registration of trademarks and service marks.  
 IP/N/1/ALB/2 
Page 6  
 
  
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Law N° 8116, Code of Civil Procedure . 
 
Dated 29 March 1996. 
  According to Article 348 of the Code, disputes 
which result from patents, trade and service 
marks, industrial designs, models and any other 
rights resulting from industrial property, are tried by the section of trade disputes in the court of the district of Tirana.  
 
 
Trademarks 
  
Regulations to Complete, File, Review and 
Renew Applications for Registration of 
Trademarks and Service Marks, Assignment of 
Rights Licensing and Modifications Connected 
with Registration . 
 
Dated 4 October 1994.    These regulations list the requirements used in 
respect of applications for registration of trademarks in terms of their completion, presentations and review, as well as the examination tests for trademarks, terms and 
registration procedure for trademarks. 
  
Geographical indications   
Regulations to Complete, File, Review 
Applications for Registration of Appellation of 
Origin, Assignment of Rights to Use Registered 
Appellations of Origin of Goods . 
 
Dated 5 December 1994.   These regulations list the requirements used in 
respect of applications for registration of appellations of origin in terms of their completion, presentation and review, as well as 
the examination and registration procedure for 
appellations of origin and assignment of rights to use the registered appellations of origin of goods.   
 
Industrial designs 
  
Regulations to Complete, File, Review and 
Renew Applications for Registration of Industrial 
Designs, Assignment of Rights Licensing and 
Modifications Connected to Registration . 
 Dated 8 December 1994.   These regulations lay down the procedure used in 
respect of applications for registration of 
industrial designs in terms of their completion, 
presentations and review, as well as the examination tests for industrial designs, terms and registration procedure for industrial designs.   
  IP/N/1/ALB/2 
 Page 7 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Patents 
  
Regulations to Complete, File and Review 
Applications for Preliminary Patents and Patents 
of Inventions . 
 Dated 8 December 1994.   These rules meticulously regulate the procedure 
to receive, file and grant preliminary patents and 
patents of inventions. 
  
Regulations to Complete, File and Review 
Applications for Issuing of Certificates for Utility 
Models . 
 Dated 8 December 1994.  
 
 These rules relate to the procedure to obtain 
certificates for utility models by applicants.   
Layout-designs on integrated circuits   
Regulations to Complete, File and Review 
Applications for Registrations of Integrated 
Circuits . 
 
 Under preparation.  
These rules regulate the completion, submission 
and review of applications for registration of integrated circuits.    
Protection of undisclosed information   
Law N° 8044 on Competitio n. 
 Dated 7 December 1995.
 
 
 This law protects business secrets and prohibits 
disclosing business or operative secrets of 
competitors in an illegal manner or encouraging 
the competitors’ employees to do so.  In many 
articles of this law the prohibition of unfair 
competition is underlined.  
  
Law Nº 9121 on the Protection of 
Competition . 8 
 Dated 28 July 2003.   This new law prohibits anti-competitive 
agreements and its Article 52 stipulates the 
obligation of the Competition Authority to maintain the trade secret of the parties on process or during data exchanges between counterparties (Article 71.1). 
 
  IP/N/1/ALB/2 
Page 8  
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Law N° 8192 on the Protection of the Consumer . 
 
Dated 6 February 1997.  
  Some articles
 of this law deal with the prohibition 
of unfair competition.  
  
Law Nº 9135 on the Protection of Consumers . 8
 Dated 11 September 2003.  
 Some articles of this law deal with the 
prohibition of unfair competition.  
Law N° 7941 on Food . 
 Dated 31 May 1995.   Some articles of this law deal with the prohibition 
of unfair competition.   
Decision of the Council of Ministers N° 72 on the 
Approval of the Regulations Concerning  the 
Protection of Plant Varieties . 
 Dated 15 February 2001. 
 
 On the basis of this regulation, data given in a 
preliminary way by companies remain undisclosed. 
Regulation Nº 4 on the Registration of 
Medicines and Veterinary Vaccines . 8 
 Dated 30 December 1999. 
 
 The Regulation provides for data 
confidentiality.   
Law Nº 8880 on Plant Breeders' Rights . 8 
 Dated 15 April 2002. 
 
 This law protects the breeders' rights for the 
reproduction, multiplication, processing and trading of plant cropped material;  it assures 
data confidentiality during the registration 
process and the approval for use.   
Law on Live-Stock Breeding . 
 
Under preparation. 
  This law will abrogate Law Nº 8409 
dated 25 September 1998 on the Reproduction 
of Pure Breed. 
Concerning the protection of intellectual property rights in this field, the Law refers to international acts where Albania is a party.  
  IP/N/1/ALB/2 
 Page 9 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Law N° 7850, Civil Code . 
 
Dated 29 July 1994.   Articles 617 and 635-639 deal with false 
declaration and unfair competition. 
  
Law N° 8116, Code of Civil Procedure . 
 Dated 29 March 1996.  
 Article 173 of the Code underlines that, when it is 
necessary to mention trade, invention secrets, the publication of which would affect interest protected by law, a session behind closed doors is 
allowed. 
  
Regulation N° 393 on the Registration of Drugs 
in the Republic of Albania . 
 
Dated 20 January 1998. 
 And Its Supplement dated 8 June 1999
. 
  This regulation provides the procedure 
concerning data submitted to obtain marketing approval of pharmaceutical and, in its supplement 
dated 8 June 1999, it is underlined that this 
information is protected.   
Regulation of the Commission of the Verification 
of Manufacturing Conditions of Pharmaceuticals  
N° 2976 . 
 Dated 14 July 1998.  
 In Point 12 of the Regulation of the Commission 
it is stipulated:  “After the verification by the Commission, the documentation which is confidential, is deposited in the National Centre of Drugs Control together with a copy of the authorisation”. 
 
  
Civil judicial procedures and remedies   
Law N° 8116, Code of Civil Procedure . 
 Dated 29 March 1996.   There are in this Code provisions of a generic 
nature especially in Parts I and II which are used in relation with intellectual property rights too.   
Law N° 7905, Code of Criminal Procedure . 
 
Dated 21 March 1995.   The Code of Criminal Procedures foresees, 
among others, the seizure of the objects found 
during the inspection of someone who is hiding real evidence of criminal offence (Article 207).   
 IP/N/1/ALB/2 
Page 10  
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Provisional judicial measures 
  
Law N° 7819 on Industrial Property . 
 
Dated 27 April 1994. 
  Different articles of this law deal with imminent 
infringements on patents, trademarks, etc.  Courts 
are authorised to grant an injunction to prevent 
infringement and any other remedy provided in law.   
Law N° 8116, Code of Civil Procedure . 
 Dated 29 March 1996.   In article 170 of the Code, seventh paragraph, it is 
stated that “as preliminary actions the judge decides, according to the case, the provision of the seizure of the goods or other provisional relief". Article 21 of the same Code states that when the 
law allows and the circumstances of the case 
dictate the taking of a judicial decision, independently from the knowledge of one party, the latter has the right to appeal in a judicial way against the decision made. 
 
 
Law N° 7905, Code of Criminal Procedure . 
 Dated 21 March 1995.  
 Article 274 states that, when  there is a danger that 
free possession of an object related to the criminal offence may aggravate or prolong its consequences or facilitate the commission of 
other criminal offences the competent court, on 
demand of the prosecutor, orders its attachment by reasoned decision.   
Special requirements related to border measures 
  
Law N° 8449, Customs Code . 
 Dated 27 January 1999. 
 
 In article 82.4 of this Code it is stated that the 
customs authorities, upon request of the holder of a trademark or patent of production or other 
neighbouring rights specified in the 
Implementing Provisions of this Code, may prohibit their release in free circulation, the exportation, the re-exportation and their placing under the suspensive procedure of the goods that 
are recognised to be counterfeited or pirated 
goods, according to the procedure provided for in the Implementing Provisions of this Code.   IP/N/1/ALB/2 
 Page 11 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Decision of the Council of Ministers N° 205, 
Implementing Provisions on Customs Code . 
 Dated 13 April 1999.   Title 9, Points 118-120 deal with the procedures 
undertaken by the Customs when an application 
has been lodged by a holder of the right.   
Law N° 7895, Criminal Code . 
 Dated 27 January 1995. 
 
 Law N° 8733 on Some Supplements and 
Modifications to Law N° 7895, Criminal Code . 
 Dated 24 January 2001. 
 
 According to articles 147-149 of this Code, steal 
of property through fraud, publication, partial or total use in his own name, total or partial 
reproduction of a work belonging to another 
constitute criminal contravention and are punishable by fine or imprisonment.   
 IP/N/1/ALB/2 
Page 12  
 
 ANNEX III
 
 
CONVENTIONS AND TREATIES ON INTELLECTUAL PROPERTY RIGHTS  
ALBANIA HAS ADHERED TO  
 
 
- Convention Establishing the World In tellectual Property Organisation. 
 Member since 30 June 1992.  - Berne Convention for the Protection of Literary and Artistic Works. 
Member since 6 March 1994. 
 
- Paris Convention for the Protection of Industrial Property. 
Member since 4 October 1995.  
- Patent Cooperation Treaty. 
Member since 1995.  
- International Convention for the Protecti on of Performers, Producers of Phonograms 
and Broadcasting Organisations. Member since 1 September 2000. 
 
- Convention for the Protection of the Producers of Phonograms Against Unauthorized 
Duplication of Their Phonograms. 
Member since 26 June 2001. 
 
- WIPO Performers and Phonograms Treaty. 
Member since 20 May 2002. 
 
- WIPO Copyright Treaty. 
Law Nº 8838, dated 22 November 2001.  
- Agreement between the Republic of Albani a and the European Patent Organisation 
on the Cooperation in the Field of Patents. 1995.  
 - Universal Convention of Copyright. 
  Member since 4 November 2003. 
  - Budapest Treaty on International Pr otection of Micro-organisms for Patent 
Purposes. 
  Member since 19 September 2003.  
 - Nice Convention related to Internationa l Classification of Goods and Services. 
  Member since 19 September 2003.   - Extension Agreement between Europe an Patents Agreement and Albanian 
General Directorate of Patents and Trademarks. 
  Since February 1996. 
  - Madrid Agreement concerning the Int ernational Registration of Marks. 
  Member since 4 October 1995.   IP/N/1/ALB/2 
 Page 13 
 
 
  - Member to the Protocol relating to the Madrid Agreement concerning the 
International Registration of Marks. 
   
__________