WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ALB/G/1 
30 July 2010 
 (10-4099) 
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 the Council of Ministers Decision No. 1705 of 
29 December 2008 on approving the regulation on th e registration of geographical indications, as 
notified by the Delegation of Albania on 16 June  2010 under 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 Décision du Conseil des Ministres n° 1705 du 
29 décembre 2008 portant approbation du règlement relatif à l'enregistrement des indications 
géographiques, notifiée par la délé gation de l'Albanie le 16 juin 20 10 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 Decisión Nº 1705 del Consejo de 
Ministros, de 29 de diciembre de 2008, sobre la aprobación del Reglamento relativo al registro de 
indicaciones geográficas, notificada por la delegación de Albania el 16 de junio de 2010, en virtud del 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ALB/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ALB/G/1 
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  DECISION 
 
No 1705 of 29 December 2008 
 
ON APPROVING THE REGULATION  “ON THE REGISTRATION OF 
GEOGRAPHICAL INDICATIONS” 
 
Pursuant to Article 100 of the Constitution and Artic les 177, 180, 182 and 202 of  the Law No 9947 of 
7 July 2008, "On Industrial Property", upon the proposal of the Minister of Economy, Trade and Energy, the Council of Ministers 
 
DECIDED: 
 
1. To approve the regulation “On the Registration of Geographical I ndications” according to the text 
attached with this decision. 
 
2. To designate the Directorate General of Pate nts and Trademark for the implementation of this 
decision.  3. Order No 5 of 5 December 1994 of the Comm ittee of Science and Technology, “Rules on 
Appellations of Origin," is repealed. This decisi on shall enter into force after publication in the 
Official Journal. 
 
  PRIME MINISTER 
  Sali Berisha 
  
 
REGULATION 
FOR THE REGISTRATION OF GEOGRAPHICAL INDICATIONS 
 
CHAPTER I  
GENERAL PROVISIONS 
 
1. Purpose  1.1 The purpose of this regulation is to define  the rules and procedures with respect to:  
 
a) filing of applications for the registration of  geographical indications with the Directorate 
General of Patents and Trademarks (DG PT) and their examination by DGPT;  
 b) filing and examination of oppositions relate d to geographical indications from the DGPT 
Board of Appeals; 
 
c) publication of data related to the geogra phical indications by DGPT in the Industrial 
Property Gazette. 
 2. Definitions 
 
2.1 For the purpose of this regulation, the following terms mean:  
a) Appellation of origin means the name of a country, region or locality which serves to distinguish the products originating from that place, the qualities and the reputation or other  IP/N/1/ALB/G/1 
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  characteristics of which are result of the geogra phical environment, natural and human factors 
or of the production, processing and preparation of the products in that particular geographical area.  b) Geographical indication means the name of a country, region or locality which serves to 
determine the products originating from th at place, the quality, reputation and the 
characteristics of which are the attributes of this geographical origin.  c) The Law means Law No 9947 of 7 July 2008, “On Industrial Property”. 
 
3. General principles 
 3.1 Any legal or natural person who produces, processes or prepares the product in a certain 
geographic area, for the distinction of which is used  the geographical indication, shall have the right 
to apply to DGPT for the registration of the geographical indication. 
 
3.2 DGPT shall PPM examine the filed applications  and issues the notifications and other acts in 
accordance with the provisions of the Law and of this regulation.  3.3 The actions of DGPT with respect to such a pplications are exclusively based on documents in 
writing. Applications and any other documents which are submitted to DGPT shall be in print and in 
the Albanian language. 
 3.4 DGPT shall establish and manage the electronic database, which stores all the actions performed 
with respect to the geographical indications.  
4. Types of applications  
 4.1 The types of applications that may be filed with DGPT with respect to geographical indications 
are:   
a) Application for the registration of the geographical indication through FTG1 form 
(Annex 1 of the regulation);  
 b) Application for the change of name of the owner of the geographical indication through 
FTG2 form (Annex 1 of the regulation);   
c) Application for the change of address of the owner of geographical indication, through 
FTG3 form (Annex 1 of the regulation);   ç) Application for surrender of the registered  geographical indication through the FTG4 form 
(Annex 1 of the regulation);   
d) Application for the opposition against th e registration of a published geographical 
indication through FTG5 form (A nnex 1 of the regulation);  
 dh) Application for the appeal against the DGPT decision on the refusal of application 
through FTG6 form (Annex 1 of the regulation). 
 
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  CHAPTER II 
APPLICATION FOR THE REGISTRATION OF GEOGRAPHICAL INDICATION 
 
1. Application filing  
1.1 The application for the registration of the geogr aphical indication shall be filed through the FTG1 
form, which shall be signed by the applicant or his representative and shall be submitted to the DGPT 
protocol office. The FTG1 form may also be sent to DGPT by mail or via fax by the applicant or his representative. In the case of filing via fax, the a pplicant shall submit to DGPT within one month from 
the date of fax submission the original of the docum ent, otherwise the application shall be considered 
unfiled. 
 1.2 The application file shall contain the list of th e filed documents (file inde x), which shall be signed 
by the applicant or his representative.  
1.3 The application for the registration of the geogra phical indication shall be filed with respect to a 
single product.  1.4 On the day of receipt of FTG1 form for the registration of a geographical indication, the DGPT 
Protocol Office shall note down on the form the filing date and hour of the application and the number 
of such application. 
 
2. Essential elements of an application  2.1 According to Article 182 of the Law, the appl ication for the registration of the geographical 
indications shall contain: 
 
a) FTG1 form signed by the applicant or his re presentative, which shall contain mainly the 
data on the name and address of the applicant,  the geographical indication, specification of 
the product to which the geographical indication will be applied, and the definition of the 
boundaries of the geographically locality where the product is produced or processed;   
b) document proving the payment of the filing fee; 
 c) a report about the particularities and charact eristics of the goods and their connection with 
the geographically environmen t and geographically origin; 
 
ç) a document issued by the respective author ity, according to the respective laws, which 
defines the boundaries of the geographical area where the product is produced or processed;  d) document issued by the respective authorit y, according to the respective laws, which 
defines the features and characteristics of the product, and the connection between the 
features of the product with the geographical environment or the geographical origin, 
according to Article 177(2) of the Law; 
 dh) a document issued by the local authorities which certifies the production activity conducted by the applicant in the given geographical region; 
 
e) where the applicant is a foreign legal or natural person, a document that certifies the 
registration of the geographical indication, which shall be translated in the Albanian language 
and shall be notarized;   IP/N/1/ALB/G/1 
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  ë) in the case of food or agricultural products , a document issued by the respective authority, 
which certifies that the product meets all the crite ria of quality, provided for by the relevant 
legislation into force;  f) power of attorney, if the application is f iled by the applicant representative. The power of 
attorney shall contain the signature of the appli cant and, if the applicant is a legal person, his 
stamp. 
  
CHAPTER III 
FORMAL EXAMINATION OF APPLICATION FOR THE REGISTRATION OF 
GEOGRAPHICAL INDICATIONS 
 
1. Order and terms of application examination  
1.1 Applications for the registration of geographical  indications shall be examined by DGPT in order 
of submission.  1.2 An application shall be examined out of order,  if there is any conflict with respect to the 
infringement of the rights of geographical indicati on. The examiner shall perform the examination out 
of order after the filing of a request in writing by the applicant and against payment of the respective 
fee. 
 1.3 The examination of the geographical indication sh all be made within three months from the filing 
date. Within such period, the examiner sha ll determine whether the application meets the 
requirements of Article 182 of the Law and of  Chapter II, point 2 of this regulation. 
 
2. Examination of the application and recognition of the filing date  2.1 If the application meets all the requirements of  Article 182 of the Law and of Chapter II, point 2 
of this regulation, DGPT shall record the app lication for the registration of the geographical 
indications, recognizing the filing date as th e recording date of the application. 
 
2.2 If the application fails to meet all the require ments of Article 182 of the Law and of Chapter II, 
point 2 of this regulation, DGPT shall notify the applicant to make the completions within three 
months from the date of notification. The term for the submission of completions may be extended 
with up to one additional month, if the applican t submits a request in writing based on reasonable 
motives and subject to the respective fee. In any case, the request for the extension of the term shall be 
submitted to DGPT prior to the expiration f the thr ee-month term established for the completion of the 
application.  2.3 Where the applicant makes the required comple tions within due time, DGPT shall record the 
application and shall issue the recording certificate to  the applicant within three months from the date 
in which the applicant completes his application, recognizing the date of submission as the recording 
date of the application.  2.4 If the missing components of an application cons ist in the name and address of the applicant, the 
geographical indication, the product for which the indi cation is registered or with failure to pay the 
filing fee, the recording date shall be that of co mpletion of such missing elements. In the case where 
the shortcomings in respect to the above elements consist in such errors that do not prejudice the 
essence of such elements, the recording date shall be the filing date of the application with DGPT. 
 IP/N/1/ALB/G/1 
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  2.5 If the applicant fails to make the completions  within the established term, DGPT shall refuse the 
request for the registration of the geographical indication and shall issu e to the applicant the 
notification on the refusal of the application.  3. Recording certificate 
 
3.1 The recording certificate shall contain the following data:   
a) description of geographical indication;   
b) name and address of the applicant;  
 c) date of recording and number of request;   ç) the product the geographical indication of which is protected. 
 
 
CHAPTER IV 
EXAMINATION OF APPLICATION IN RESPECT TO THE GROUNDS OF REFUSAL 
OF THE GEOGRAPHICAL INDICATION 
 1. Examination in respect to the absolute grounds for refusal 
 1.1 Upon recognition of the filing date, the examiner shall, within three months from the issuance of 
the record certificate, examine as to  whether the application is in conformity with the requirements of 
Article 180, letters “a” and “b” of the Law. 
 
1.2 In the course of examination, DPGT may ask th e applicant by a notification in writing to provide 
additional documents. The applicant shall submit the required documents to DGPT within 2 months 
from the notification date, otherwise the request sha ll be finally refused and the applicant shall be 
notified on the refusal by a notification in writing, which contains also the grounds for the refusal of 
the application. 
 
1.3 Where the examination of the application finds that the application is not in conformity with 
Article 180, letters “a” and “b” of the Law, DGPT shall refuse such application and notifies the 
applicant in writing, providing the grounds for refusal.  
2. Registration of geographical indications 
 2.1 If, within three months from the day of publica tion of the application, no opposition has been filed 
with by third parties against the registration of geographical indications, the DGPT shall issue a notification for the payment of the registration fee and shall require from the applicant to make the 
payment one month from the date of receipt of the notification and submit copy of the respective 
document to DGPT. 
 2.2 If the applicant fails to pay the registration f ee within the established term, DGPT shall refuse the 
application and notify the applicant accordingly in writing.  
2.3 When the applicant pays the registration fee w ithin the established term, DGPT shall register the 
geographical indication in the respective register and shall issue the registration certificate within 
three months from the fee payment date.  2.4 DGPT shall publish the registered geographical  indication in the Industrial Property Gazette.  IP/N/1/ALB/G/1 
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3. Data contained in the registration certificate of the geographical indication  3.1 The registration certificate of the geographical indication shall contain:   
a) description of geographical indication;  
 b) name and address of the owne r of geographical indication;  
 c) number of the request and number of registration;  
 
ç) filing date and registration date;   d) the product for which the geographical indication is registered. 
 
4. Changes to or withdrawal of application 
 4.1 Where, in the course of examination of the application for the registration of a geographical 
indication, a change of name and/or address of  the applicant has taken place, DGPT, following 
submission of the respective form, the documents pr oving the above change and the payment of the 
designated fee by the applicant, shall register th e new data of the indication in the register of 
geographical indications, without changing the filing date of the application. 
 4.2 The applicant is entitled to withdraw from the application for the registration of a geographical 
indication by a request in writing, for as long as he is not yet registered in the register of geographical 
indications. Upon submission of such a request, th e application shall be considered withdrawn. 
 
 
CHAPTER V 
PUBLICATIONS IN THE INDUSTRIAL PROPERTY GAZETTE 
 
1. Types of publications 
 
1.1 DGPT shall publish in the Industrial Property Gaze tte data on the application for the registration 
of the geographical indication, its registration, ch anges to the name and/or address of the owner of 
geographical indication, revocation and re peal of the geographical indication. 
 
2. Publication of applications and re gistrations of geographical indications 
 2.1 Data published in the Gazette with respect to the application are as follows:   
a) number of request;   
b) recording date;  
 c) name and address of the applicant;   ç) description of geographical indication; d) th e product for which the geographical indication 
is protected.  
 2.2 Data published in the Gazette with respect to th e registration of the geographical indication are:  
 
a) number of request and number of registration;  IP/N/1/ALB/G/1 
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b) filing date;   c) name and address of the applicant;   
ç) description of the geographical indication;  
 d) product which geographical indication is protected. 
  
CHAPTER VI 
OPPOSITION OF THE REGISTRATION OF GEOGRAPHICAL INDICATION 
 
1. Filing of the opposition  
1.1 Opposition against an application for the regi stration of a published geographical indication may 
be filed with DGPT within three months from the date of publication on the grounds provided for by 
Article 180, letter ”c” and ”ç” of the Law or on any other legal grounds by submitting the following 
documents:  
a) FTG5 form for the opposition against the registration of the geographical indication; 
 
b) the document showing the payment of the opposition fee. 
 1.2 The opposition shall also be accompanied by the following documents:  
  a) power of attorney in the case where the opposition is filed by the representative of the 
opponent; 
   b) documents providing the grounds for the claim.  2. Examination of the opposition by the Board of Appeals 
 
2.1 DGPT Board of Appeals shall examine the opp osition and take the respective decision within 
three months from its filing.  2.2 Where the opposition fails to meet the requirement s provided by point 1.1 of this chapter, the 
Board of Appeals shall consider the opposition as un filed and shall notify the applicant accordingly in 
writing.  2.3 If the opposition fails to meet the requirements provi ded by point 1.2 of this chapter, the Board of 
Appeals shall ask the opponent by a notification in writing to complete such opposition within 
30 days from the day of notification, otherwise the opposition shall be considered as unfiled. 
 
2.4 If the opposition meets all the requirements of point 1 of this chapter, the Board of Appeals shall admit the opposition for examination and shall notif y in writing the applicant of the geographical 
indication against which the opposition is filed, re questing him to submit his claims in writing with 
respect to the opposition and any other additional doc ument supporting such claims within one month 
from the day of notification. 
 2.5 In the course of examination, the Board of Appeals is entitled to request the parties in writing to provide additional materials and documents w ithin one month from the notification date. 
  IP/N/1/ALB/G/1 
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  2.6 The Board of Appeals shall take the respectiv e decision with regard to the opposition and shall 
inform the parties accordingly in wr iting. The decision of the Board of Appeals is subject of appeal to 
the court within 30 days from the receipt of the notification.  3. Processing of the application following the decision on the opposition 
 
3.1 In the case where the Board of Appeals decide s to reject the opposition and the decision is not 
appealed to court, a copy of the Board decision shall be included in the application file for the 
registration of the geographical indication and the ex aminer continues with the registration procedure, 
in conformity with the provisions of  the Law and of this regulation. 
 
3.2 If the Board of Appeals decides to uphold the opposition and the decision is not appealed to the 
court, a copy of the Board decision sh all be included in the application file for the registration of the 
geographical indication and the examiner shall issue the notification on the refusal of the registration. 
 
3.3 In the case where the decision of the Board of Appeals on the opposition to the registration of a 
geographical indication is appealed to court, a co py of the final decision sh all be included in the 
application file and DGPT shall either refuse or re gister the geographical indication, in compliance 
with the court decision.   
CHAPTER VII 
CHANGE OF NAME AND/OR ADDRESS OF THE OWNER OF  
GEOGRAPHICAL INDICATION 
 
1. Filing of the application 
 
1.1 The owner of a geographical indication may require  the change of the name and/or his address in 
the register of geographical indications. The applica tion for the change of name shall be filed with 
DGPT through the FTG2 form, whereas the application for the change of address shall be filed with 
through FTG3 form.  
1.2 Together with the application, the ap plicant shall submit the following document: 
 
a) the document showing the payment of the designated fee;  b) power of attorney, where the application is filed by the representative of the owner of the 
geographical indication; 
 c) in the case where the change of name is required, the document certifying such change. 
 2. Examination of the application by DGPT  
2.1 DGPT shall examine the application for the cha nge of name or address as to whether it is in 
conformity with the provisions of point 1 of this chapter and, if there are missing components, notifies 
the applicant to make the appropriate completions  within three months from the notification date, 
otherwise the application shall be refused.  
2.2 DGPT shall register the change of name or th e address of the owner of the geographical indication 
in the register of geographical indications and sh all notify the applicant on the registration of such 
change within six months from the date where the ap plication meets all the requirements of point 1 of 
this chapter. The change shall be publis hed in the Industrial Property Gazette. 
 IP/N/1/ALB/G/1 
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CHAPTER VIII 
REGISTRATION OF SURRENDER OF GEOGRAPHICAL INDICATION 
 
1. Filing of the application 
 
1.1 The application for the registration of surrende r from the geographical application shall be filed 
with DGPT by the owner of the geographical indication through the FTG4 form.  1.2 Together with the form, the applicant shall also submit the following documents:  
 
a) the document showing the payment of the designated fee;   b) power of attorney, if the application is f iled by the representative of the owner of the 
geographical indication. 
 
2. Examination of the application by DGPT  2.1 DGPT shall examine the application for surrende r as to whether it is in compliance with the 
requirements of point 1 of this Chapter and if it is incomplete, it shall notify the applicant to make the 
appropriate completions within three months from the notification date, otherwise the application 
shall be refused. 
 2.2 DGPT shall register the surrender from the geogra phical indication in the register of geographical 
indications within six months from the date where the application meets all the requirements of point 
1 of this chapter. The surrender shall be published in the Industrial Property Gazette. 
 
 
CHAPTER IX 
APPEALS AT THE BOARD OF APPEALS 
 
1. Filing of an appeal 
 
1.1 Within two months from the date of filing an application, the applicant shall have the right to 
appeal the DGPT decision at the Board of Appeals, filing with DGPT:  
a) the FTG6 appeal form, which is signed by the applicant or his representative;  
 
b) the document showing the payment of the designated fee;   c) power of attorney if the appeal is f iled by the representative of the applicant. 
 2. Examination of the appeal by DGPT Board of Appeals 
 
2.1 The Board of Appeals shall examine in advance as to whether the appeal meets the requirements 
of point 1.1 of this chapter and, if such requireme nts are not met, the Board of Appeals shall notify the 
submitter of the appeal that his application is considered as unfiled.  
2.2 Where the application for appeal meets the require ments of point 1 of this chapter, the Board of 
Appeals shall review the request for appeal within  three months from the date off filing and shall 
inform the submitter of the appeal on the respective decision. The submitter of the appeal is entitled to 
appeal to court the decision of the Board of Appeal s, which is taken on the basis of Article 180, letter  IP/N/1/ALB/G/1 
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  “a” and “b” of the Law. The decisions of the Board with respect to other appeals provided by this 
regulation and by the Law shall be final.  2.3 In the course of examination, the Board of A ppeals shall ask the submitter of the appeal against 
the decision to provide additional materials and documents within one month from the notification 
date. 
 3. Processing of the application fo llowing the decision on the appeal 
 3.1 In the case where the Board of Appeals decide s to uphold the appeal and the decision is not 
appealed to court, a copy of the Board decision shall be included in the application file for the 
registration of the geographical indication and th e examiner continues with the procedure of 
registration of such indication, in accordance with the provisions of the Law and of this regulation. 
 3.2 In the case where the Board of Appeals decides to downturn the appeal and the decision is not 
appealed to court, a copy of the Board decision shall be included in the application file for the 
registration of the geographical indication and the refusal shall be final.  3.3 In the case where the Board decision is appealed to court, a copy of the final court decision is 
included in the application file for the registra tion of the geographical indication and DGPT shall 
either refuse or register such indicati on in accordance with the court decision. 
 
 
CHAPTER X 
OTHER DOCUMENTS ISSUED BY DGPT WITH RESPECT  
TO GEOGRAPHICAL INDICATIONS 
 
1. Extracts and investigations issued from the register of geographical indications 
 1.1 According to Article 192, paragraph 2 and Artic le 194 of the Law, DGPT shall issue extracts of 
the register of geographical indications, as well as answers to the applications for investigation. 
 
1.2 The application for a register extract with resp ect to a registered geographical indication shall be 
filed with DGPT in writing and shall also be follo wed by the document showing the payment of the 
designated fee, otherwise the application shall be considered as unfiled. The extract of the register 
issued by DGPT shall contain all data related to the geographical indication and the history of the 
changes it has been subject to. 
 
1.3 The application for the investigation of a geographical indication shall be filed with DGPT in writing and shall be followed by the document showi ng the payment of the designated fee, otherwise 
the application shall be considered as unfiled. DGP T shall notify the applicant in writing on the result 
of the investigation.  
2. Duplicates and the priority document 
 2.1 The owner of a registered geographical indication is entitled to require a duplicate of the registration certificate or of the other notifications  issued by DGPT for the registration of the changes 
in the register of geographical indications. The ap plication shall be filed in writing and shall be 
followed by the document showing the payment of th e designated fee, as well as by the power of 
attorney, if the application is filed by the represen tative of the owner of th e geographical indication, 
otherwise it shall be considered as unfiled.  IP/N/1/ALB/G/1 
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  3. Correction of acts by DGPT 
 3.1 In the case where DGPT issues acts that cont ain errors or inaccuracies, which do not result from 
the applicant or the owner of the geographical indi cation, DGPT shall correct them based on a request 
in writing submitted by the applicant or the owner of a geographical indication. DGPT shall re-issue 
the corrected act, after the submission by the appli cant or owner of the geographical indication of the 
original act which requires correction. DGPT sha ll reflect the correction in the register of 
geographical indications and shall publish such correction in the Industrial Property Gazette. 
 
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