REPUBLIC OF ALBANIA
THE ASSEMBLY
LAW
Nr. 9947 dated 07.07.2008
ON INDUSTRIAL PROPERTY, as amended
As amended by law:
No.10/2013,date 14.02.2013
No.55/2014, date 29.05.2014
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
(Replaced words with Law No.10 / 2013 dated 14.02.2013
Nryshohet paragraph 2, Law No. 55/2014, dated 29.05.2014, Article 1)
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 and utility models, which shall be granted
by the General Directorate of Patents and Trademarks (hereinafter GDPT). Industrial
designs, trademarks, service marks and geographical indications are protected by means
of their registration with GDPT. A design protected by registered design rights, as per
this law, shall additionally benefit from copyright protection as of the date of the design
creation or its concretisation in any form, as per the criteria determined by the legislation
in force on copyright protection”.
Article 2
Field of Application of Industrial Property
The field of application of Industrial property shall 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 Republic 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 under 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 military and civil aviation wherever they happen to be.
2. This Law shall also apply to inventions created or used in outer space, including on
celestial bodies or on spacecraft, which are under the jurisdiction 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 which 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
(Amended points 3 and 5, Law No. 55/2014 dated 29.05.2014, Article 2,
Adds item 5 / a and 5 / b, Law No. 55/2014 dated 29.05.2014, Article 2
Added points 17 / a, 17 / b, 17 / c 17 / C and 17 / d, with the Law No. 55/2014 dated
29.05.2014, Article 2)
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. “Official or officially recognised international exhibition” is an exhibition or fair
within the meaning of the Convention on International Exhibitions done in Paris on 22
November 1928, together with its subsequent amendments;
4. “Madrid Agreement” is the agreement and protocol to this Agreement for the
international registration of marks of 14 April 1891, together with its subsequent
amendments and additions;
5. “Nice classification” is the international classification of goods and services in the
function of the registration of marks established by the Nice Agreement of 15 June 1957,
together with its subsequent amendments;
“5/a. “Locarno classification” means the international classification used for the
purposes of the registration of industrial designs, approved by the Locarno Agreement
“Establishing an international classification for industrial designs”, of October 8, 1968, as
amended from time to time.
5/b “Budapest Treaty” is a treaty for the international recognition of the deposit of
microorganisms for the purposes of patents procedure, adhered into by law no. 9031,
dated 20/03/2003 “On the adherence of the Republic of Albania to Budapest Treaty for
the international recognition of the deposit of microorganisms for the purposes of patents
procedure.”
6. “GDPT Gazette” is the official periodical journal of the General Directorate of
Patents and Marks where data about the objects of this property protected by this Law
are published;
7. "Biotechnological inventions" means inventions 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 containing 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 conditions 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;
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 (the licensor) allows another party
(the licensee) to perform any of the actions mentioned respectively in articles 46, 47, 129
and 163 of this Law;
15. “Exclusive license” means a license that is granted 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.
17/a. “EPO” is the European Patents Office.
17/b. “EPC” is the European Patents Convention, where the Republic of Albania has
adhered by law no. 10179, dated 29/10/2009 “On the adherence of the Republic of Albania
to the European Patents Convention”.
17/c. “Mutatis mutandis” means “in the same way”.
17/ç “Ex officio” means “by virtue of holding an office”.
17/d. “Vis-a-vis” means “as compared with”.
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 all 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;
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 subject-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 its natural environment or produced by
means of a technical process even if it previously 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 sequence 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
(Amended second sentence of paragraph 1, of the Law No. 55/2014, dated 29.05.2014,
Article 3)
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; The exploitation of an invention is not
considered to be contrary to public order or morality only because it is prohibited by law
or bylaw, unless it violates a prescriptive norm. 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 animal, 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;
3. The human body, at the various stages of its formation 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
(Adds the word "everywhere" in paragraph 4, of Law No. 55/2014 dated 29.05.2014,
Article 4)
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 disclosure must be considered in isolation
when assessing novelty.
3. Irrespective of paragraph 2 of this article, features of a second document may be
combined with those of a first document when assessing novelty, if the 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 everything that has been made available
to the public worldwide 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 date of
the application when priority is claimed according to article 24 of this Law, which
hereafter, 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 priority 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 substance 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 exclude 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
(Substituting the word in Article 9 of Law No. 55/2014 dated 29.05.2014, article 5)
1. An invention shall be considered to involve an inventive step if, taking into account
the state of the art, it is not clearly 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 deciding whether there has
been an inventive step.
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 partial sequence of a gene must be
disclosed in the patent application.
Article 11
Hold harmless statements
(Amended title, the Law No. 55/2014 dated 29.05.2014, Section 1
Amended point 1, Law No. 55/2014 dated 29.05.2014, Section 1
Substituted the words of point 1, Law No. 55/2014 dated 29.05.2014, Section 1
The words in paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 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 months preceding the filing date
or the priority date of the claimed invention, when:
1. Pursuant to Article 7, the disclosure of the invention shall not be taken in
consideration if it occurred no earlier than 6 months preceding the filing date of the
patent request to the GDPT and if it has occurred due to or as a result of:
a) an abuse by the applicant or his legal representative;
b) the disclosure of the invention by the applicant or his legal representative in an
international official or officially recognised exposition
2. In the case of paragraph 1(b), paragraph 1 shall apply only if the applicant states, when
filing the patent application with GDPM that the invention has been so displayed and
files a supporting certificate within the time limit and criteria and under the conditions
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 inventor 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.
2. If two or more applications have been filed for the same invention by different
Persons, and when they have made the invention independently of one another, then the
right to the patent shall belong to the applicant whose application bears the earliest filing
date or where applicable, the earliest priority date, provided that this first application has
been published.
Article 14
Patent Applications by Persons Not 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 under paragraph 1(b)
of this article.
Article 15
Invention by an Employee
(Replaced the word in paragraph 2, letter "a", the Law No. 55/2014 dated 29.05.2014,
Section 7)
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 much higher than what the parties
contemplated at the time of concluding the employment contract, 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 that were made known through
his employment in the field of activity of the employer:
a) the right to a patent for this invention shall belong to the employee, except for cases
when within a six month period from the date on which 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 conformity 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.
3. Every contract that is less favorable to the inventor 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, where 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 conditions defined in the implementing regulation.
Article 18
Date of Filing
(Repealed words in paragraph 1, letter "a", the Law No. 55/2014 dated 29.05.2014,
Section 8,
Replaced the words in paragraph 1, letter "c", the Law No. 55/2014 dated 29.05.2014,
Section 8)
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;
b) indications that identify the applicant and that enable contacts with him;
c) a document at first glance describing the invention or a reference to a previously filed
application. In the case of a reference to a previously filed application, 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 mentioned in paragraph 1(c) of this article 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
Description of the Invention
(Replaced words in the title and throughout the article, Law No. 55/2014 dated
29.05.2014, Article 9
Amended paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 9
Add point 3, Law No. 55/2014 dated 29.05.2014, Section 9)
1. The description 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 a biological material or when it involves such a
material which is not publicly available and cannot be described in the application, in
such a way to enable its reproduction by a person skilled in the art, the application would
have to be accompanied by evidence that prove the sample of this material has been filed
with an appropriate institution not later than the filing date of the patent application. The
institution satisfying the requirements of Budapest Treaty shall be considered as the
responsible institution.
3. The patent application in this case shall also include all the relevant information the
applicant possesses regarding the features of the filed biological material, the name of the
filing institution and the number of the filing registration.
Article 20
The Claims
1. The claims shall define the matter for which protection is sought.
2. The claims shall be clear, concise and supported 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 information. 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 submission in the application of a single
invention or a group of inventions, related so as to form together 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.
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 translations that were presented in the
GDPT for the earlier application shall be valid for all the divisional applications.
Article 24
The Right to Priority
(Adds words in paragraph 3, of Law No. 55/2014 dated 29.05.2014, Article 10
Amended paragraph 6, Law No. 55/2014 dated 29.05.2014, Article 10
Amended paragraph 7, of Law No. 55/2014 dated 29.05.2014, Article 10)
1. An application filed with GDPT only for the purposes of Article 7 and Article 13
paragraph 2 may contain a declaration claiming priority and shall enjoy a right of priority
if it is equivalent to one or more 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) 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. When the application has the declaration mentioned in paragraph 1 of this 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 the date of priority shall count as the
date of filing of the patent application.
4. When the GDPT observes that the requirements of this article have not been met, it
shall notify the applicant to correct the deficiencies within the time 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 right 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 application that claims a priority is filed after a 12 months period, as
provided by paragraph 5 of this article, the applicant may file a request to restore the
priority right, by listing the reasons for failure to observe the priority period, together
with the necessary measures taken and pay the tariff established by a Decision of the
Council of Ministers, issued under this law. The request is filed within two months from
the priority period completion date, as per paragraph 5 of this Article. The request is
rejected if it does not fulfil the afore mentioned requirements.
7. The applicant my file a request to modify or extend the priority within 16 months from
the original date of the claimed priority or when the modification or extension causes an
alteration of the original date of the claimed priority, the request is submitted within 16
months from the original date of the amended priority, whichever 16-months period
expires first, provided that the request for alteration is filed before the expiration of the
four months period from the application filing date. The priority shall be neither stated
nor amended if the applicant has filed a request for early disclosure, pursuant to
paragraph 1 (a), Article 26. The request shall be rejected if the applicant does not pay the
tariff established by a Decision of the Council of Ministers, pursuant this law.
Article 25
Changes and Corrections
Withdrawal of an Application
1. Formal changes and corrections in the application 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
(Adds sentence in paragraph 4, of Law No. 55/2014 dated 29.05.2014, Article 11)
1. The GDPT shall publish all patent applications filed with it in conformity with article
18 of this Law:
a) The GDPT shall publish every application filed with it as soon as possible, after the
end of a time period of 18 months from the date of filing or, when there is a claim for
priority, from the priority date. Nevertheless when the applicant requests in writing
before the end of the 18 month time period that the application be published 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 have 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 expiry of
the period referred to in paragraph 1(a) of this article.
4. Immediately after the decision to grant the patent, the GDPT shall publish it together
with the specification, in conformity with the implementing regulation. GDPT publishes
in the bulletin any patent modifications or any changes in its legal status.Inventions
considered "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 provisionally 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
(Amended point 4, with Law No. 55/2014 dated 29.05.2014, Article 12
1. After verifying that the application filed is in conformity with articles 17, 18, 19, 20,
21, 22 and 24 of this Law, the GDPT shall grant the respective patent, subject to the
payment of the relevant fee.
2. If the application does not meet, or partially meets, the requirements of paragraph 1 of
this article, the GDPT shall notify the applicant, who, within a three months period, shall
correct the deficiencies. If the deficiencies are not corrected in due time, the 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 date 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. GDPT shall not make a substantive examination of the invention in conformity with
Articles 5, 6, 7, 9 and 10 of this law. Therefore, pursuant to Article 40, paragraph 1, the patent
granted by GDPT shall have legal effects, only if the patent owner files written evidence on the
patentability of the invention, within 10 years from the filing date. The written evidence may
result from the substantive examination conducted for the same patent by EPO, a national office
with the status of the International Preliminary Examination Authority pursuant to Article 32 of
the Patent Cooperation Treaty or from the national office that has a cooperation agreement with
GDPT, as well as a patent granted for the same invention by one of these offices. In case of
failure to submit written evidence on patentability, as abovementioned, the patent shall not be
effective upon the expiry of the 10 years period.
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 which all patent applications that are
published shall be registered. No entry shall be made in the Patent 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 ownership 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 inspection, 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.
Article 31
Inventions Related to the Defense and Security
1. The requirements for inventions related to the defense and security of the country shall
be considered “state secret” and shall be filed with the Ministry of Defense. The Ministry
of Defense and the GDPT shall classify a patent application as a "state 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 implementing regulation, shall state
whether:
a) he agrees with the evaluation of the GDPT, the application shall be sent to be
examined in the Ministry of Defense;
b) he does not accept the evaluation of the GDPT and proves the contrary with evidence,
which is accepted, then the GDPT shall begin the 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 directorate 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 invention 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 specification 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 sub 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, patents 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.
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 agreement 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 entered into and shall be valid 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 entered into and shall be valid 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 months from the date of publication of
the grant of a patent, to file an opposition to the grant of the patent 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 request. 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 assessment, 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 processing or the re-establishment
of rights. The implementing regulation may rule out further processing for other time
limits.
Article 35
Re-establishment of rights
(Amended paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 13
Amended point 4, with Law No. 55/2014 dated 29.05.2014, Article 13
Added paragraph 6, Law No. 55/2014 dated 29.05.2014, Article 13)
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 this 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 request on rights re-establishment shall state the reasons that have prevented the
applicants to meet the deadline. The request shall be submitted within a term expiring at
earliest of any of the following:
a) Two months, following the date of cassation of the cause that prevented the
fulfilment of the term;
b) 12 months from the date the term expiry, or when the request relates to the failure to
pay the patent renovation tariff, 12 months from the expiry date of the term set out in Article
41, paragraph 3, of this law.
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. The rights re-establishment shall not be allowed in respect of:
a) a proceeding in front of the board of appeal of GDPT;
b) submission of a request for further review, as per Article 34 herein, or a request on
rights re-establishment, as per this Article;
c) submission of the translation, as per Article 18, paragraph 2;
ç) submission of the priority right re-establishment request”.
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 publication in the Gazette
of the GDPT of the mention of reestablishment of those rights, may without payment
continue such use in the course of his business or for the needs thereof.
6. The procedure for the submission and reviewing of the rights re-establishment request shall be
conducted as provided by the Decision of the Council of Ministers, issued for the implementation of this
law
CHAPTER IV
EFFECTS OF A PATENT
Article 36
The Rights Conferred by a Patent
(Adds paragraph 4, of Law No. 55/2014 dated 29.05.2014, Article 14
Add point 5, Law No. 55/2014 dated 29.05.2014, Article 14
Added paragraph 6, Law No. 55/2014 dated 29.05.2014, Article 14)
1. When a patent is related to a product, the owner of the patent shall have the exclusive
right to prohibit any third party from performing the following 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 owner 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 constitutes the subject of the patent;
b) to use, offer for sale, sell, stock or import 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.
4. The protection provided by a patent for a biological material with specific
characteristics resulting from the invention, extends over any other biological material
deriving from the original material through reproduction or multiplication, in the same form
or a different one, with the same characteristics.
5. The protection provided by a patent for a process that enables the production of a
biological material with specific characteristic resulting from invention extends over the
biological material obtained directly from that process and over any other biological material
obtained from the material acquired directly through the distribution or multiplication in the
same form or a different one and with the same characteristics.
The protection provided by a patent for a product that carries or is constituted by a genetic
information extends over the whole material where this product constitutes part, and in which
the genetic information is carried or performs its function, excluding the human body during all
different formation and development phases and the cases of mere discovery of one of its
elements, including the full or partial sequence of a gene
Article 37
Prohibition of indirect use of the invention
1. The owner of a patent shall have the right to impede 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 patented
invention, means relating to an essential element of the invention, for putting it into effect
therein, when the third party has knowledge, or when from the circumstances it becomes
clear that those means are suitable and intended for putting that invention into effect.
2. This provision shall not apply if these means are staple commercial products, except
when the third party induces the Person supplied to commit acts prohibited by article 36.
Article 38
Limitation of the Effects of the Patent
(Adds words in paragraph 1, letter "f", the Law No. 55/2014 dated 29.05.2014, Article
15)
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 countries 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 exclusively 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 in the territory of the Republic of Albania by the holder of
the patent or with its consent, where multiplication or propagation necessarily results
from the application 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 his crop for propagation or multiplication on his
own holding, provided that the reproductive vegetable 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 livestock for farming purposes, on condition that the
breeding animals or other animals reproductive 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.
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 certificates 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 conditioned 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, starting from the first year after
the grant of the patent.
3. If the renewal fee is not paid in due time, it may still be paid within six months after
the last day of the month containing the anniversary of the date of filing 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 complied with, the patent shall be deemed
to have lapsed on the day when the renewal 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 shall 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 protection 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 the application, or,
in cases when priority is claimed, before the priority date. These Persons shall have the
right to continue use or preparations for use.
2. The right of prior use may be transferred, with the enterprise or company, or with that
part of the enterprise or company where the use or the the preparations for use have been
made.
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 application or a patent shall be subject to the
payment of a fee. In case of a change in ownership of a patent, the 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. Nevertheless, such an act, before it
is so entered, shall have effects vis-a-vis third parties who have acquired 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 application jointly, each of them shall have
the right to separately transfer his part of the application. The 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, the transfer of the patent and the
entering into of a licensing agreement with third parties shall be done only by unanimous
decision of all the joint patent owners. Each of the joint owners shall have the right,
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 joint 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 register subject to the payment of a fee.
The licensor shall have the right to bring a judicial proceeding for a licensing agreement
only if it is registered in the patent register.
4. The licensing of a patent application 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
concerning 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 entered 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 the 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 licensee 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 the 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 contrary, the licensing agreement shall be non-
exclusive. If the licensing agreement is non-exclusive, the licensor 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 writing that he is ready to allow any
Person to use the invention as a licensee in return for appropriate compensation, 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 may be withdrawn by
the owner of the patent at any time, by a written notification directed 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 shall be entitled to use the invention as a
licensee in conformity with the conditions defined in the implementing 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 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
(Amended paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 16
Add point 2 / a, with Law No. 55/2014 dated 29.05.2014, Article 16
Add point 2 / b, Law No. 55/2014 dated 29.05.2014, Article 16
Amended letter "c", paragraph 4, of Law No. 55/2014 dated 29.05.2014, Article 16)
1. On request, the court is entitled to grant a compulsory license to any Person who can
demonstrate the capability to exploit the invention which is the subject-matter of the
granted patent in the Republic of Albania when he meets all the requirements defined in
the implementing regulation of this Law, provided that:
a) four years have expired from the filing of the 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 provides 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. Based on the request, for a non-exclusive use of the patent protected invention or the
plant species protected by this right, the court is entitled to grant a compulsory licence in
respect of a first patent to the patent owner or right holder on the plant species, who cannot
use the second patent or right on a plant species without infringing the first patent, by
making a payment established by an expert appointed by the court, provided that:
a) the invention claimed in the second patent or the protected plant species involves a
technical advance of considerable economic significance in relation to the invention claimed in
the first patent;
b) they have requested to the patent or right holder on the plant species, the right to be
provided with a contractual licence and have not been provided with the same.”
2/a. The court, for a non-exclusive use of the protected invention, takes any measure it deems
necessary to verify the existence of such a situation.
2/b. In the case of a compulsory licence, as provided under paragraph 2 of this Article, the
owner of the first patent or the holder of the right on a plant species shall be entitled to use the
subsequent patented invention or protected plant species under a combined licence on
reasonable terms
.
3. On request, the court is entitled to grant a compulsory license in respect of patents and
supplementary protection certificates relating to the manufacture and sell of
pharmaceutical products, when such products are intended for export to importing
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 the case of a compulsory licence, as
provided by paragraph 2 of this Article, the authorised exploitation regarding the first patent
shall be non-assignable, except with the assignment of the second patent or plant species.
ç) The amount of products manufactured under the license shall not exceed 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.
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 adequate compensation for a compulsory
license, taking into account the economic value of the authorization. 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-competitive 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 that led
to such authorization are likely to recur.
Article 51
Exploitation by the Government or Third 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 governmental
agency or a specific Person to make, use or sell the invention for which the patent
application 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 applicant 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.
(Repealed Chapter VIII of Law No. 55/2014 dated 29.05.2014, Article 17
Repealed Chapter IX, the Law No. 55/2014 dated 29.05.2014, Article 17
Repealed Chapter X, with Law No. 55/2014 dated 29.05.2014, Article 17)
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 implementing regulation of this Law.
2. The effect of waiving the patents starts on the date the request is submitted.
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 joint owners shall be done
only by unanimous decision of all of them. This action may also be limited 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 patentable 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 beyond the content of the patent application as
filed, or, if the patent was granted on a divisional application, beyond the content of the
earlier application as filed;
ç) the protection given by the patent has been extended.
d) the owner of the patent is not entitled 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 revocation, the court may ask the owner of the
patent to submit to it for the purpose of examination publications and other documents
showing the prior art which have been referred to in the patent application or taken into
account before other examining offices.
4. When an opposition proceeding starts before the 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 only 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 patent, 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 “international application” means a patent
application filed under the PCT.
2. Where reference is made in this law to the PCT, this reference also includes the
Regulations under the PCT.
3. The PCT and its Regulations shall have full effect and shall apply in accordance with
the provisions of this Law.
4. If an international application is the subject of proceedings before 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.
Article 76
Designated Office and Elected Office
1. An international application designating the Republic 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 application the GDPT shall be
a designated or, as the case may be, elected Office within the meaning of the PCT. The
international date of filing shall be considered to be the actual date of filing in any
proceedings under this Law.
2. In respect of an international application for which 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 international application in the Albanian language;
b) pay the prescribed filing fee.
3. If the requirements in paragraph 2 (a) of this article 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 rights as an application
published in accordance with article 26 of this law. The rights shall be effective 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 the PCT the international application
shall be filed in Albanian or English
CHAPTER XIII
REGISTRATION OF EUROPEAN PATENTS
(Amended title of head, with Law No. 55/2014 dated 29.05.2014, Article 19)
Article 78
Extension of the effects of European patents
(Amended paragraph 2, letter "a", the Law No. 55/2014 dated 29.05.2014, Article 20)
1. A European patent application and a European patent 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.
2. For the purposes of these provisions of this Chapter,
a) " European patent application” means an application for a patent filed under the
European Patent Convention (EPC) before May 1, 2010, as well as an international
application filed before May 1, 2010 pursuant to the Patent Cooperation Treaty, 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 European 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 patent application filed under this Law with the
GDPT;
ç) "national patent" means a patent granted on a national patent application.
Article 79
Request for extension
1. A European patent application and a European patent granted on such application shall
be extended to Albania at the request of the applicant. The request for extension shall be
deemed to be filed with any European patent application filed on or after 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 prescribed extension fee was duly paid as laid
down in article 80 shall be published by the GDPT as soon as possible after the GDPT
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
patent 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
published by it in accordance with paragraph 2 of this article.
Article 80
Extension fee
(Amended paragraph 1, of the Law No. 55/2014 dated 29.05.2014, Article 21
Amended paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 21)
1. The extension fee, pursuant to Article 79, paragraph 2, of this law, shall be paid to EPO
within six months from the date when the European Patent Bulletin mentions the
publication of the European research report, or, occasionally within the period the
necessary actions for the entrance of the European phase of an international application
are performed, in light of Article 78 (1a), herein.
2. The payment of the extension fee is still valid if it is executed within two months from
the period determined under Article 80 (1), provided that within this period an additional
payment of 50 per cent is made.
3. For the payment of extension fees the 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 appropriate with the priority
claimed for the European patent application, whatever its outcome may be.
2. A published European patent application shall provisionally 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 communicated 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 for extension has been
withdrawn or is deemed withdrawn.
Article 82
Effects of European patents
(Amended point 3, Law No. 55/2014 dated 29.05.2014, Article 22
Add point 3 / a, with Law No. 55/2014 dated 29.05.2014, Article 22
Add point 3 / b, the Law No. 55/2014 dated 29.05.2014, Article 22
The words in paragraph 4, of Law No. 55/2014 dated 29.05.2014, Article 22
The words in paragraph 6, Law No. 55/2014 dated 29.05.2014, Article 22)
1. An extended European patent shall, subject to paragraphs 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 furnish to the GDPT a translation
of the claims of the European patent into the Albanian language and 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 three 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 Albanian
language and pay the prescribed fee for publication.
3/a. When the claim contains reference signs used in drawings, these drawings shall be attached to the
translation as per paragraph 2 and 3 of this Article.
4. The GDPT shall publish in the next bulletin 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 extended 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 been revoked in
opposition proceedings or in a central revocation proceedings or is limited through a
constraint proceedings before the EPO.
Article 83
Authentic text of European patent applications or European patents
(Amended point 3, Law No. 55/2014 dated 29.05.2014, Article 23)
1. The text of a European patent application or a European patent in the language 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 conferred by it
in the language of the proceedings.
3. The applicant or the patent owner may file a corrected translation of the claims of the
European patent application or the European patent. The corrected translation of the
published claims of a European patent application shall not have any legal effects until the
applicant communicates it to the person who uses the invention in the Republic of Albania.
The corrected translation of the claims of an extended European patent shall not have any
legal effects until it is published by GDPT. Any person who in bona fide uses or has made
effective and serious preparations for using an invention, the use 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 business or for
different needs without making any payment..
Article 84
Rights of earlier date
1. A European patent application for which the extension 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 application and a national
patent under this Law.
2. A national patent application and 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 same 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
opposition having been filed or as from the date on which the opposition procedure has
resulted in a final decision maintaining the European patent.
Article 86
Renewal fees for extended European patents
(Numbered paragraph 1, of the Law No. 55/2014 dated 29.05.2014, Article 24
Added paragraph 2, of Law No. 55/2014 dated 29.05.2014, Article 24)
1.Renewal fees for an extended European patent shall be paid to the GDPT for the years
following the year in which the mention of the grant of the European patent was
published.
2. Article 141(2) of KEP shall be applied mutatis mutandis
.
Article 87
(Amended Article 87 of Law No. 55/2014 dated 29.05.2014, Article 25)
The provisions of the European Patent Convention and the regulations pursuant to this
convention do not apply regarding chapter XIII, unless otherwise stated in this chapter”.
Chapter XIII, “Extended European Patents”, shall be followed by chapter XIII/1, with
Articles 87/a, 87/b, 87/c, 87/ç, 87/d, 87/dh, 87/e, 87/ë, 87/f, 87/g and 87/gj with the
following wording:
“CHAPTER XIII/1 EUROPEAN PATENTS
(Adds Chapter XIII / 1, Articles 87 / A, 87 / b, 87 / c 87 / d 87 / d 87 / f, 87 / e, 87 / s, 87 /
F, 87 / g, 87 / h, with Law No. 55/2014 dated 29.05.2014, Article 26)
Article 87/a
The effect of European patents in Albania
1. For purposes of the provisions of this chapter:
a) “a) “European patent application” means an application for a patent filed on or after
May 1, 2010 under the European Patent Convention (EPC), and the international
application filed on or after May 1, 2010 pursuant to the Patent Cooperation Treaty, for
which the European Patent Office (EPO) acts as designated or elected Office, and in
which Albania is designated;”.
b) “European patent” means the European patent issued by EPO, based on the
European patent application, in which Albania is designated;
c) “National patent application” mans a patent application filed with GDPT, pursuant
to the provisions of this law;
ç) “National patent” means the patent issued pursuant to this law.
2. Pursuant to the provisions of this law, the European patent application and the
European patent have the same effect and are subject to the same requests applied for the
national patent application and national patent, determined hereunder.
Article 87/b
Filing of European patent application
1. The European patent application may be filed with:
a) EPO;
b) GDPT.
2. A separate European patent application and a new European patent application, as
per Article 61 (1b) of EPC, is directly filed with EPO.
3. When the respective invention is important for the national security and safety, the
applicant residing or living in Albania shall file the European patent application only with
GDPT.
4. The European patent application filed with GDPT has the same effect as if it were
filed on the same date with EPO, provided that GDPT has transferred it to EPO, pursuant
the provisions of EPC.
5. The European patent application filed with GDPT, as per paragraph 1 (b), herein,
may be filed in any of the languages set out in Article 14, paragraphs 1 and 2 of EPC.
6. If the application filed with GDPT does not clearly state that it is a European patent
application, than the applicant shall submit a statement in Albanian or English language
whereby it requests a European patent.
Article 87/c
Procedural fees and costs for European patent application
The procedural fees and costs for European patent application are paid to EPO
pursuant the provisions of EPC.
Article 87/ç
European patent application effects
1. The European patent application, which is given a filing date, is the same as a
regular
national patent application, and if applicable, the priority requested in the European
patent application shall be taken into consideration, despite the conclusion of the
application.
2. The published European patent application provides the applicant with the same
protection provided by the national patent application, published pursuant Article 27 of
this law, starting from the date the Albanian translation of the published European patent
application claims is published by GDPT.
3. The European patent application shall not be deemed as bearing the effects
mentioned in paragraph 2 of this Article, if it is waved, is considered as waived, or is
definitely rejected or if Albanian designation is waived or is considered as waived.
Article 87/d
The effects of the European patent
1. As per the stipulations of this Article, the European patent grants the same rights as
national patent issued by GDPT, as of the date EPO publishes its approval.
2. The patent owner shall, within three months from the publication date of the
European patent issuance approval, file with GDPT a request on the registration of the
European patent in the Patents Registry. The request shall be accompanied by:
a) the English translation of the specifications of the issued European patent if it has
not been issued in English, accompanied by the Albanian translation of its claims;
b) evidence of the publication fee payment.
3. If as a result of an opposition or a constraint request filed with EPO, the European patent
remains in force with amended claims, the patent owner shall, within three months from the
date on which the decision on leaving into force the European patent with amendments or
constraint is publish, furnish to GDPT the Albanian translation of the amended claims and pay
the prescribed fee publication”.
4. When the claim includes reference signs used in drawings, these drawings shall be attached to
the translation as per paragraph 2 and 3 of this Article.”
5. GDPT shall publish immediately any duly filed translation, as per paragraphs 2 and
3 of this Article.
6. If the translation mentioned in paragraphs 2 and 3 of this article is not filed in due
time or the prescribed fee is not paid in due time, the European patent shall be deemed
invalid since from the beginning, for Albania. Articles 34 and 35 of this law shall be
applied mutatis mutandis. The term mentioned in paragraphs 2 and 3 of this Article may
be extended by one month, if the applicant pays the additional fee determined by a
Decision of the Council of Ministers issued for the implementation of this law.
7. The European patent application and the European patent on which it is based shall
not be deemed as bearing the effects mentioned in paragraph 1 of this Article and in
Article 87/ç, paragraph 2, since the beginning, to the extent the patent is repealed or
constrained in the opposition, restraining or repealing proceedings.
Article 87/dh
The authentic text of the European patent application or European patent
1. The text of the European patent application or of a European patent in the
application language serves as an authentic text for all the procedures in the Republic of
Albania.
2. Despite the stipulation of paragraph 1 of this Article, the translation filed pursuant
to Article 87/ç, paragraph 2, and Article 87/d, paragraphs 2 and 3 of this law is deemed
authentic except for the case when followed by revocation procedures, when the
application or patent in the translated language provides a more limited protection than
the one it provides in the application language.
3. The applicant or patent owner can, at any time, file a corrected translation. The
corrected translation of the European patent shall not have any legal effects until it is
published by GDPT.
4. Any person who in bona fide uses or has made effective and serious preparations for
using an invention, the use 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 business or for different needs without making any payment.”.
Article 87/e
Simultaneous protection
If a European patent designating Albania and a national patent have the same filing
date, or if priority is claimed, the same priority date is assigned to the same person or his
legal representative, the national patent shall not carry effects to the extent it covers the
same invention with the European patent as of expiry date of the term for filing an
opposition against the European patent, without such an objection being filed, or as of the
date when the opposing proceedings has resulted in a final and binding decision in favour
of the European patent.
Article 87/ë
Converting into national patent application
1. Upon the request of the European patent applicant, GDPT shall follow the
procedure of issuing the national patent, if the European patent application in which
Albania is designated:
a) is deemed waived, pursuant to Article 77 (3) of EPC; or
b) is considered waived because the translation of the European patent application has not
been filed in due term, pursuant to Article 14 (2) of EPC; or
c) has been rejected pursuant to Article 90, paragraphs 3-5 of EPC.
2. In the case provided under paragraph 1, letter “a”, of this article, the request for
conversion shall be filed with GDPT if the European patent application is already filed
GDPT accompanied by the request for conversion, pursuant to Article 87/b, paragraph 1,
letter “b” of this law. The GDPT after making sure that the requirements of Article 31 of
this law have been fulfilled, shall forward the request to the headquarters of the industrial
property of the EPC contractual countries, specified in this request. GDPT shall attach to
the request a copy of the European patent application file.
3. If, pursuant to letter “a” of paragraph 1 of this Article, the European patent
application is initially submitted to the industrial property headquarters of another
contractual country of EPC, the request for conversion shall be submitted to the later.
That office shall forward the request to GDPT if Albania is designated in it.
4. EPC determines the term for forwarding of the request, pursuant to paragraphs 2 and
3 of this Article and the legal sanctions for delays.
5. In the cases provided by letters “b” and “c” of paragraph 1 of this Article, the
request for conversion shall be filed with ECO as per the EPC requests.
6. EPC determines the term for the filing of the request for conversion, pursuant to
paragraph 1 of this Article and the legal sanctions for delays.
7. Upon receiving the request for conversion, GDPT shall give notice to its applicant.
Within 2 months as of GDPT notice on request for conversion receipt, the applicant shall
file with GDPT:
a) Evidence of payment of the national patent application fee; and
b) Albanian translation for the European patent application.
If the applicant fails to file the afore mentioned documents in time, the request shall be
deemed as waived.
8. The documents accompanying request for conversion shall be published by GDPT
in the way specified by a Decision of the Council of Ministers issued for the
implementation of this law.
9. The patent specifications of a national patent derived from the conversion of a
European patent application shall mention this application.
Article 87/f
Renovation fees
The renovation fees for a European patent are payable to GDPT on yearly basis
starting from the consecutive year when ECO publishes the issuance of this patent.
Article 87/g
Revocation of the European patent
1. The European patent may be revoked by GDPT affecting Albania as per the
provisions of Article 138 of EPC and article 73 of this law.
2. If the request for the revocation of the European patent is filed with GDPT after the
initiation of the opposition proceeding before ECO or initiation of proceedings related to
a constraining or revoking request, pursuant to Article 105/a of EPC, GDPT shall
suspend the revocation proceedings until the completion of the proceedings at ECO.
Article 87/gj
Applicable law
1. The European patent and European patent application designating Albania shall be
governed by this law, unless otherwise provided by EPC.
2. In case of conflict between the provisions of EPC and provisions of this law, EPC
provisions shall prevail.
CHAPTER XIV
PATENTABILITY OF UTILITY MODELS
Article 88
Conditions for Protection
With the exception of processes, animal and plant varieties, 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.
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 treatment of patents according to this
Law, unless otherwise provided in this chapter.
CHAPTER XV
CIVIL PROCEEDINGS
Article 93
Chapter XXXII of this law shall be applied also to utility models mutatis mutandis.
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.
1. For other cases of disagreements that are not mentioned in the above paragraph, the
time period of the beginning of the actions in court shall be within three years, except for
cases when other time periods have been provided in this Law 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 combination 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 administered to human beings or
animals with a view to making a medical diagnosis or to restoring, 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 certificate for a medicinal product to any
medicinal product which is the ingredient of a medicine which 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 patent 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 the 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 they 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 preparations are not otherwise defined
below;
b) influence the life processes of plants, other than 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 their compounds, as they occur naturally or
by manufacture, including any impurity inevitably 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 unprocessed state or having undergone only
simple preparation such as milling, drying or pressing, derived from plants, but excluding
plants themselves as defined in point above;
7."Harmful organisms" means pests of plants or plant products belonging to the animal or
plant kingdom, and also viruses, bacteria and mycoplasmas and other pathogens;
8."Basic Patent" means a patent which protects a product 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 combination of active substances of a plant
protection product;
Article 99
Scope and conditions for obtaining a certificate for plant protection products
1. DPPM 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,
c) the product has not already been the subject of a certificate,
ç) the authorization referred to in (b) is the 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 concerning the same product and emanating
from two or more holders of different patents are pending, one certificate 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 conferred 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 lodged 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 authorization to place the product on the
market is granted before the basic patent is granted, the application for 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
(Adds words in the letter "b", the Law No. 55/2014 dated 29.05.2014, Article 28)
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;
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 the territory of the
Republic of Albania, 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, information 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
the 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
(Adds words in the letter "d", the Law No. 55/2014 dated 29.05.2014, Article 29)
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 in the
territory of the Republic of Albania, and the product identified in that authorization;
Article 106
Grant of the certificate or rejection of the application
1. Where the application for a certificate 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 irregularity, 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;
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 appropriate 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;
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 exist 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 Chapter shall be open to the same appeals as
those provided for similar decisions taken 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 “design”), 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 appearance 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 and re-assembly of the product.
ç) Industrial designs may be two-dimensional, 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 incorporated 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.
'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 incorporated or to which it is applied to be
mechanically connected with or placed in, around or against another product so that
either product may perform its function.
4. Notwithstanding paragraph 3, letter “b” of this article, 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
(Amended point 1, Law No. 55/2014 dated 29.05.2014, Article 30
Amended paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 30
Replaced the words in paragraph 3, letter "b", the Law No. 55/2014 dated 29.05.2014,
Article 30
Added the letter "c", the Law No. 55/2014 dated 29.05.2014, Article 30)
1. A design shall be considered to be new if no identical industrial design has been made
available to the public before the date of filing of the application for registration of the
design for which protection is claimed, or, if priority is claimed before 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 general impression that it reflects on an
informed user differs from the general impression reflected on the same user by any
design that has become known to the public before the date of filing of the application for
registration of the design for which protection is claimed, or, if priority is claimed, before
the date of priority. The level of freedom in the development of the design is taken into
consideration in the assessment of individual character.
3. A disclosure shall not be taken into consideration for the purpose of applying
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 within the Republic of Albania or
within the jurisdiction of the European Union, after the adherence of the Republic of
Albania in the European Union, 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 designer or his successor in title has
published or publicly used the design within a period of 12months before the filing date
of the application or before the priority date, when priority is sought.
c) disclosure is made to a third party under expressed or implied obligation of keeping
the confidentiality
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 relation to the designer or his
successor in title.
Article 114
The Right to Protection
(Adds sentence, the Law No. 55/2014 dated 29.05.2014, Article 31)
1. “Exclusive rights on the design shall be vested upon its registration with GDPT, as per
the provisions hereunder”. The exclusive right of ownership of a design belongs to the
creator or his lawful descendants. In a case when there are several creators, they have
equal rights, except when they have agreed otherwise in their agreement.
2. The right to protection of a design belongs to the applicant of the application with the
earlier filing date or, when priority is claimed, the earlier priority 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
(Adds paragraph 3, of Law No. 55/2014 dated 29.05.2014, Article 32)
1. A product design is not protected if:
a) it does not constitute a design in the meaning of article 112 paragraph 1 of this law;
b) it is not new and does not have an individual 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 be
connected with, or be placed in, against or around another 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
well-known persons that are of particular concern 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, except 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 apply when the person concerned, or the
responsible state authority when the person is not alive, have consented to the
representation.
3. In the cases listed under paragraph 1 letter “b”, “c”, “ç” and “dh” of this Article, the
design may be registered in an amended form, if at such amended form it would comply
with the protection requirements and maintain the design identity
Article 116
Refusal of a Design on a Relative Basis
(Repealed words in the letter "c", in paragraph 1, of the Law No. 55/2014 dated
29.05.2014, Article 33
Repealed letter "d", the Law No. 55/2014 dated 29.05.2014, Article 33
Repealed letter "f", the Law No. 55/2014 dated 29.05.2014, Article 33
Replaced words, the Law No. 55/2014 dated 29.05.2014, Article 33
Add point 4, Law No. 55/2014 dated 29.05.2014, Article 33)
1. A product design is not protected if:
a) it is in conflict with a prior design which has 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;
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
ç) it constitutes an unauthorised use of a work protected under copyright;
2. In the cases listed under paragraph 1, letters “a” to “ç” of this article, refusal of
registration, or, where the design has already been registered, cancellation of the
design 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. 3In 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.
4 .In the cases listed under paragraph 1, letter “c” and “ç” of this Article, the design
may be registered in an amended form, if at such amended form it would comply with
the protection requirements and maintain the design identity.
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 greater 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 made 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 notifies the employee with a written declaration that he is
interested in the design.
4. The employee who has created a design in conformity 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 from
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 creator than is provided in this article is
invalid.
Article 118
Name of the Creator of a Design
In every publication of the DPPM for an application or registration of a design, the
creator or creators should be mentioned, except for the cases when the creator asks in
writing that his name not be mentioned.
CHAPTER XVIII
PROCEDURE FOR REGISTRATION OF INDUSTRIAL DESIGNS
Article 119
The filing date of the application and formal requirements
(Amended title, the Law No. 55/2014 dated 29.05.2014, Article 34
Amended paragraph 1, of the Law No. 55/2014 dated 29.05.2014, Article 34
Amended paragraph 3, of Law No. 55/2014 dated 29.05.2014, Article 34
Add point 4 / a, with Law No. 55/2014 dated 29.05.2014, Article 34)
1. The filing date of an application for registration of a design is considered the date
when the GDPT receives an application containing the following elements:
a) request for the registration:
b) identity of the applicant;
c) representation of the design qualified for reproduction:
ç) evidence of filing the payment of the tariff.
2. Two or more designs may be the subject of the same application, on the condition that
they have the same class of international classification established by the Locarno
Agreement.
3. Application for the registration of a design shall also include the following elements:
a) name and address of the applicant;
b) name and address of his/her representative and the authorization of the
representative;
c) indication of the product where the design is incorporated or with respect to which the
application is filed;
ç) design description;
d) copy of the design representation, in compliance with the requirements of the
respective regulation;
dh) classification of products, where the design is incorporated, or with respect to which
the application is filed, as per Locarno classification;
e) identity of the creator or creators of the design and a statement authorizing the
applicant to register the design, in case of the applicant being a representative of the
creator;
ë) applicant’s or his representative’s signature;
f) other requirements determined in the relevant regulation”.
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.
The application filed with GDPT, 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.
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.
For purposes of Article 113, 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.
4/a. The declaration claiming priority shall be filed within three months as of the filing
date of application for registration, and shall state the filing date and the number of the
previous application, the office where it is filed and a certified copy of the previous
application, or otherwise the right of priority shall be lost
5. The submission of an application for the registration 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 international exposition submits an
application 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 date 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
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 35)
1. Within three months form the date of receipt of an application to register a design,
the GDPT performs a preliminary examination for determining the filing date of the
application. If the application meets the requirements of Article 119, paragraph 1 herein,
the filing date of the application shall be the date of the application submission with
GDPT, or otherwise the filing date of the application shall be the date on which the
requirements of Article 119, paragraph 1 are met.
2. Within the term stated under paragraph 1 of this Article, GDPT shall examine the
application to see whether it is in conformity with the requirements of Article 119 of this
Law and bylaws issued for its implementation, and shall accordingly issue the filing
certificate. If the GDPT finds that not all the requirements of the abovementioned article
and of the bylaws issued for the implementation of this law, have been met, it asks the
applicant to complete it within three months from the date of notification. If the applicant
makes the completion within the due term, GDPT issues the filing certificate or otherwise
rejects the application and gives written notice with this regard to the applicant.
3. The time period for submission of completions may be extended for one additional
month, if the applicant submits a written request and pays the fee determined under the
relevant regulation.
Article 121/a
Examination of absolute reasons of rejection
(Adds article, Law No. 55/2014 dated 29.05.2014, Article 36)
1. Within three months from the filing date of an application to register a design, the
GDPT examines whether the design, apart from meeting of the formal requirements,
complies with the requirements of Article 115 of this Law.
2. If the design does not meet the requirements of Article 115 herein, GDPT shall give
notice to the applicant and provide him with the opportunity to submit his/her
observations and explanations or to file additional documents, within two months as of
the date of notice receipt.
3.The application shall be rejected if the applicant fails to submit his/her observations or
to file the additional required documents within the due term, or if GDPT observes that,
even following the reply, the application is still noncompliant with Article 115. Such
decision shall be communicated to the applicant. The decision on the rejection of the
design, based on the absolute reasons of the rejection, shall be made by GDPT only upon
issuance of the decision on formal requirements.
Article 122
Publication of the Application
(Amended point 1, Law No. 55/2014 dated 29.05.2014, Article 37)
1. Upon issuance of the filing certificate and the design being in compliance with the
requirements of Article 115 of this Law, GDPT shall publish the data of the application in
its gazette.
2. The data that are published in the gazette are defined in the implementing regulation
of this Law.
3. If a request for delaying publication of the registered design or designs for a period up
to 12 months after the date the application was filed has been made with the filing of the
application, the GDPT publishes information about the owner of the registered 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.
Article 123
Opposition to an Industrial Design
(Repealed words in point 1, letter "c", the Law No. 55/2014 dated 29.05.2014, Article 38
Repealed letter "d", the Law No. 55/2014 dated 29.05.2014, Article 38
Repealed letter "f", the Law No. 55/2014 dated 29.05.2014, Article 38)
1. An opposition to a published design is filed in GDPM 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 application for registration of the design, is the
owner , or another industrial property 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;
2. The time period for filing an opposition is not extended 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 and the respective procedure are defined
in the implementing regulation.
Article 124
Examination of the Opposition
(Amended point 3, Law No. 55/2014 dated 29.05.2014, Article 39)
1. The Board of Appeal of GDPM 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 submit 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 period defined for this
purpose in the implementing regulation.
3. 3. The Board of Appeal examines the opposition within a term of three months as of
the date of submission by the parties of all the arguments, materials and additional
documents and gives notice on the decision made.
4. The decision of the appeal board on an opposition 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.
Article 125
Registration of the Design
(Amended Article by Law No. 55/2014 dated 29.05.2014, Article 40)
1. In case no oppositions are filed or in case the oppositions are rejected, GDPT shall
ask the applicant to pay the tariff for registration after the three-month term from the date
of design publication.
The applicant shall pay the tariff for registration within a month as of the date of GDPT
notice.
GDPT registers the design in the register of designs and issues the certificate of
registration within a three-month period from the date of payment by the applicant.
2. When the applicant does not pay the tariff of registration within the term
determined under paragraph 1 of this article, GDPT rejects the application for registration
of the design.
3. The registered design is published in the GDPT gazette.
4. Data about the certificate of registration of the design and data about its publication
are specified in the implementing regulation.
Article 126
Appealing the Decision
(Replaced words, the Law No. 55/2014 dated 29.05.2014, Article 41)
1. Within a two month period from the date of receipt of notice of the refusal of an
application according to articles 121 point 2 and 121/a point 3 of this Law, the applicant
has the right, against payment of the respective tariff, to appeal the decision to the appeal
board of the GDPT.
2. The board examines the appeal application within 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 according 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.
CHAPTER XIX
EFFECTS OF THE REGISTRATION OF A DESIGN
Article 127
The Rights that Come from Registration
(Amended paragraph 1, of the Law No. 55/2014 dated 29.05.2014, Article 42
Amended point 3, Law No. 55/2014 dated 29.05.2014, Article 42)
1. The owner of a registered design has the exclusive right to use it and to prevent any
third party from using it without his consent. Particularly, the owner of a registered
design has the right to prevent third parties from producing, providing, importing,
exporting, putting into the market, supplying, distributing, using or keeping in storage or
possession for these purposes any product which includes the design or a product in
which the design is applied.
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. The rights conferred by a registered design shall not extend over actions related to a
product, which includes a design, implying the rights generated from it, or regarding
which it has been applied for a design if the concerned product has been put in the market
by the owner himself or with his consent within the territory of the Republic of Albania.
4. The rights conferred by a registered design 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 citations 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 registered 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 this 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 informed 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 payment for an additional period of five
years, up to a total time period of 25 years from the date the design is filed.
3. The data contained in a request to renew the design 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 against 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 provisions 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
proceedings 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 registration 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 changes 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 transferred 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 the registration of a change of ownership
and the procedures for the registration of this change are defined in the implementing
regulation.
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 representation 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
separate 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 without the agreement of the claimant.
Article 138
Revocation of a Design
1. On the request of an interested person, the court may cancel a registration if the
registered design does not meet the conditions for being protected, in conformity with
articles 115 and 116 of this Law. However, the registered design right may be maintained
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
(Repealed Chapter XX, with Law No. 55/2014 dated 29.05.2014, Article 43)
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,
supplemented 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
(Amended paragraph 2, Law No. 55/2014 dated 29.05.2014, Article 44)
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 requirements under
articles 141 to 143 of this Law are fulfilled (hereafter we will refer to a “mark”).
2. The following signs can constitute marks:
a) words, including personal names, 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 presented 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 sign is evaluated in close connection with the goods and
services whose purpose it is to distinguish.
Article 142
Refusal on an Absolute Basis
(Repealed letter "f" in section 1, Law No. 55/2014 dated 29.05.2014, Article 45
Amended letter "k", the Law No. 55/2014 dated 29.05.2014, Article 45
Added the letter "h", with Law No. 55/2014 dated 29.05.2014, Article 45
Added the letter "i" in the Law No. 55/2014 dated 29.05.2014, Article 45)
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 indicators that may serve in the market to show
the kind, quality, amount, purpose, value, geographical 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 indicators that have become customary in daily
language or have turned into fixed practices in commerce;
ç) it consists of forms or lines imposed by the 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, for wines or alcoholic beverages, that do not
originate from the place indicated by the geographical indication in question, even if the
true origin of the products has been indicated or the geographical indications have been
translated and are accompanied by such expressions as: “kind,” “type,” “style,”
“imitation” or other similar ones];
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 which contradict Article 6 bis of the Paris Convention, except
when the competent authorities have authorised their use.
h) it does not constitute a mark, pursuant to Article 140 of this law;
i) it includes or it is constituted by a designation of origin or a geographical indication
effective in the territory of the Republic of Albania, if the application for mark
registration has been submitted after the date of submission of the application for the
registration of the designation of origin or geographical indication and for the purpose of
their protection, provided by the legislation under which they have been registered and
which are related to the same kind of products
2. A sign is not excluded from registration as a mark within 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.
Article 143
Refusal on a Relative Basis
(Repealed the words in paragraph 5, letter "d", the Law No. 55/2014 dated 29.05.2014,
Article 46)
1. A mark is not protected if its use is against prior rights.
2. A mark shall not be registered or, if registered, shall be liable to be declared
invalid:
a) if it is identical with an earlier mark, and the goods or services for which the
mark is applied for or is registered are identical with the goods or services 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 similar 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 similar 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 those 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 registration which is earlier than the date of
application for registration of the trade mark, taking account, where appropriate, of the
priority claimed in respect of that trade marks, in accordance with article 147 of this law;
b) a mark previously registered through international agreements to which the Republic
of Albania is a party;
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 for 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.
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
(Repealed words in paragraph 4, letter "c", the Law No. 55/2014 dated 29.05.2014,
Article 47
Repealed letter "d" of paragraph 4, of Law No. 55/2014 dated 29.05.2014, Article 47
Amended paragraph 5 of Law No. 55/2014 dated 29.05.2014, Article 47)
1. The request to obtain the right to a commercial mark 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 contains 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
d) a document showing payment of the tariff of filing.
5 A mark registration application shall also contain:
a) the name and address of the applicant and the representation authorisation if the
application is submitted by a representative;
b) the list of goods and/or services grouped in categories as per the “Nice
Classification”;
c) a document that sets out the rules for the use of mark in the case of a collective
mark;
ç) the statement for the exclusion from protection of the mark elements which are
descriptive or which do not have a distinctive character;
d) the signature of the applicant or his representative;
dh) other application elements defined by the implementing regulation
Article 146
Filing Date
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 48)
The date of filing of an application for registration of a mark is the date when GDPT
receives the request with the elements defined in paragraph 4, Article 145 of this law,
otherwise the date of filing of an application is considered the date when all the
requirements of paragraph 4, Article 145 of this law are met.
Article 147
The Right to Priority
1. An application for the registration of a trademark 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 priority in conformity with point 2 of this
article submits to the GDPT all information about the application (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 article 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 organized, the
date it opened and closed and the first day of exhibition of the products and/or services
mentioned in the application for registration of the mark.
Article 149
Separating the Initial Application
1. On the request of the applicant, every application (initial application) referring to
different goods or services may be separated into two or more applications.
2. The separated applications keep the date of filing of the initial application and enjoy
the priority right, if any.
3. A request to separate an application may be filed 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
(Amended paragraph 6, Law No. 55/2014 dated 29.05.2014, Article 49
Amended paragraph 7, Law No. 55/2014 dated 29.05.2014, Article 49)
1. Applications for the registration of a commercial mark are examined by the GDMP
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 applicant 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 the
application for registration of the mark.
6.The time period for the submission of completions may be extended for an additional
month if the applicant submits a written request and pays the respective tariff.
6. GDPT issues a filing statement when the application meets all the formal request
defined by Article 145 of this law or when the applicant makes the required completions
within the defined period.
Article 150/a
Examining the absolute causes for refusal
(Adds article, Law No. 55/2014 dated 29.05.2014, Article 50)
1. GDPT, within three months from the filing date of the application for registration
of a mark examines whether the mark, in addition to meeting the formal requests, is in
compliance with the requirements of Article 140, paragraph 2 and 3, and Article 142 of
this law.
2. If the mark is not in compliance with the requirements of Article 140, paragraph 2
and 3 and Article 142 of this law, GDPT notifies the applicant and gives him the
opportunity to submit, within two months from the notification date, his remarks and
explanations or to deliver additional documents.
3. The application shall be refused when:
a) the applicant does not submit his remarks;
b) does not complement the documentation within the defined period;
c) if GDPT notices that the application is not in compliance with the definitions of
law 140, paragraph 2 and 3 and Article 142 of this law, even after the applicant feedback.
This decision is notified to the applicant.
The decision for the refusal of mark based on absolute causes for refusal is made by
GDPT only after the decision on formal requests has been made
Article 151
Publication of the Application
(Amended point 1, Law No. 55/2014 dated 29.05.2014, Article 51)
1. If the filing certificate has been issued and the mark is in conformity with the
requirements of Article 140, paragraph 2 and 3 and Article 142 of this law, the date of the
application shall be published in the GDPT gazette.
2. The data of the application that are published 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 GDPM within a three month period from
the date of publication, against the payment of the respective tariff by:
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 definition 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 extended 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 and the respective procedure are defined
in the implementing regulation of this Law.
Article 153
Examination of an Opposition
(Amended point 3, Law No. 55/2014 dated 29.05.2014, Article 52
Repealed the words in paragraph 4, of Law No. 55/2014 dated 29.05.2014, Article 52)
1. The Board of Appeal of GDPM 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 submit 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 period defined for this
purpose in the implementing regulation.
3. The Board of Appeal examines the opposition within a three-months period from the
date when the parties have filed all arguments, materials and additional documents and
notifies them regarding the decision it has made.
4. The decision of the appeal 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
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 53)
1. GDPT notifies the submitter of the application to pay the registration tariff upon the
termination of the three-months period from the mark publication date, if no oppositions
have been filed or if they have been refused.
The applicant pays the registration tariff within a month from the notification date by
GDPT.
GDPT registers the mark in the registry of marks and issues a registration certificate
within three months after the applicant has made the payment.
2. GDPT rejects the application if the applicant does not pay the registration tariff
within the deadline defined by paragraph 1 of this article.
3. The registered mark is published in the GDPT gazette.
4. The data on the registration certificate and for the publication of the mark are
provided by the implementing regulation”.
.
Article 155
Appealing a Decision
(Substituted words, the Law No. 55/2014 dated 29.05.2014, Article 54
Repealed 4, with Law No. 55/2014 dated 29.05.2014, Article 54
Nryshohet paragraph 5, Law No. 55/2014 dated 29.05.2014, Article 54)
1. Within a two-month period from the date of receiving notification of the refusal of an
application according to articles 150 point 5 and 150/a point 3 of this law, the applicant
has the right to appeal the decision of the GDPT to the appeal board of the directorate,
against payment of the respective tariff.
2. The board examines the application within a three-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. The decision of the Board of Appeal may be appealed in 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 exclusive 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;
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 the sign is used the sign 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 for 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 mark 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
(Counted first paragraph, with Law No. 55/2014 dated 29.05.2014, Article 55
Add point 2, Law No. 55/2014 dated 29.05.2014, Article 55)
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.
2. The trademark does not give the right to its holder to prevent a third party from using
in trade a previous right, which extends to a specific territory, if this right is recognised
by the Albanian legislation in force and within the specific territory
Article 158
End of the Rights that Come from Registration
(Amended point 1, Law No. 55/2014 dated 29.05.2014, Article 56)
1.The trademark does not give the right to is owner to prevent the use of the mark for
products placed in the channels of commerce in the territory of the Republic of Albania
by its holder or with his consent.
2. Point 1 of this article is not applicable in a case when there is legitimate reason for the
owner to oppose the further marketing of the goods, in particular when the condition of
the goods has changed or when the goods have been spoiled after entering the market.
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 reasons for non-use,
like in cases that do not depend on his will.
2. If within a five-year period from the date of registration of the mark, the owner of the
mark has not made genuine use of it for the goods or services for which it is registered, or
has suspended its use for an uninterrupted five-year period, the mark will be subject 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 point 1 and 2 of this article also means its
use in packaging, catalogues, brochures, manuals, advertisements, 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
designated 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 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 packaging 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 referred to in article 143 paragraph 5 has
acquiesced, for a period of five successive years, in the use of a later mark registered in
the Repblic of Albania while being aware of such use, he shall no longer be entitled 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 shall 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 the 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, against payment of the respective tariff.
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 right to the mark, in whole or in part,
by means of an agreement signed by the two parties, which is filed in the GDPT.
3. The rights to the mark may be transferred with or without transferring the business.
4. The transfer has no legal effect if is not registered in the trademark register. Where it is
clear from the transfer documents that because of the transfer 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
respect 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 the GDPT, shall be in written form and
signed by the two parties.
3. The owner of a licensed mark may use the rights 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 for which the
license was issued, the territory where the mark is used or the quality of the products
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, the 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
consents thereto. However, the holder of an exclusive license may bring such proceedings
if the licensor, after formal notice, 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 infringement proceedings brought
by the licensor.
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 periods, after the owner of the mark
files a request in the GDPT and pays the respective tariff, in a period 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 mark and the respective procedure is
defined in the implementing regulation.
CHAPTER XXVI
COLLECTIVE MARKS
Article 165
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 57)
Object of the protection of collective marks
1. A collective mark is the mark used to distinguish goods or services of members of
an association or any other form of legal organisation, created between commercial
entities that produce goods, provide services or trade goods or services to others. This
organisation of commercial entities is the owner of the collective mark.
2. The rights generated by a collective mark are non-assignable.
3. The provisions of this law on trademarks are also applied on collective marks,
excluding the provisions of paragraph 2 (b) of Article 142 hereof regarding signs or
indications that might be used in the market to indicate the geographical origin of goods
or services, elements which might be protected as collective marks. In this case the
ownership of the collective mark does not give its owner the right to prevent other parties
from using such signs or indications in the market, provided that those are used in
compliance with the principles of fair commercial and industrial practice. Particularly the
right on such a collective mark cannot be used against a third party that holds rights on a
geographical indication..
4. The applicant for a collective mark files, together with the application for
registration, the documents defined by Article 145 hereof and the regulation that
stipulates the rules for the use of collective mark.
The regulation on the use of the collective mark shall mention:
a) the persons authorized to use the mark;
b) the membership conditions of the joint venture or legal partnership that applies for
the registration of the mark: and, if possible,
the conditions for the use of the mark and sanctions in case they are violated;
ç) in the case of the marks mentioned in paragraph 3 of this article, the regulation of use
shall provide that any third parties whose goods or services originate from that specific
geographical area, can become a member of the joint venture or legal partnership that is
the owner of the collective mark.
5. Except for the causes of refusal of the application for a trademark defined by this
law, the application for a collective mark shall be refused also when the requirements of
this article are not fulfilled or when the rules on the use of the mark go against the
recognised principles of public order and morality. The application for the registration of
a collective mark shall also be refused if there is an opportunity for public disorientation,
regarding the character of significance of the mark, particularly, when it is possible that it
is perceived as something different from the collective mark.
6. The application for the registration of a collective mark shall not be refused if the
applicant, as a result of the amendments in the regulation on the use of the mark,
succeeds to meet the requirements of paragraph 4 of this article. The owner of a
collective mark shall file with GDPT any amendments to the regulation on the use of the
mark, and, if these amendments are in compliance with the requirements of this article,
GDPT shall reflect these amendments in the marks registry. Amendments to the rules of
the use of the collective mark shall enter into force on the date they are entered into the
marks registry.
7. In addition to the causes for the abrogation of a mark defined by articles 142 and
143 of this law, a collective mark registered in violation of the provisions of paragraph 4
of this article shall be abrogated also on the basis of a lawsuit in court, in accordance with
Article 173 of this law, or on the basis of a claim during court procedures on the
infringement of rights, except when the mark owner, by amending the rules of use,
succeeds to meet the requirements of the aforementioned articles”.
Article 166
Certification Marks
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 58)
1. A certification mark is a mark that indicates that the goods or services it is used for are
certified by the owner of the mark regarding their origin, material used, the way the
product is made or the service is provided, their quality, precision and other
characteristics. The owner of the certification mark shall not hold the right to use it for
goods or services he places in the market. The other persons can use the certification
mark with the authorization of the owner of the mark and under his control.
2. The provisions of this law that regulate the trademark shall also be applied on the
certification mark. Except for the definitions of paragraph 1 (b) of Article 142 of this law,
the signs or indications that can serve in trading to determine the geographical origin of
goods or services can be considered as certification marks, under the definition of
paragraph 1 of this article.
3. The applicant for a certification mark, together with the application for registration
of a collective mark, files the documents defined by Article 145 hereof and the regulation
that stipulates the rules for the use of the certification mark. The regulation shall contain
the characteristics that are certified by the mark, the manner in which these characteristics
are tested, the control measures taken by the owner and the sanction he puts.
(Repealed Chapter XXVII, the Law No. 55/2014 dated 29.05.2014, Article 59)
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 document of the payment of the
respective tariff.
3. The withdrawal may be done for several or all 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
(Amended point 1, Law No. 55/2014 dated 29.05.2014, Article 60
To be added in paragraph 3, of Law No. 55/2014 dated 29.05.2014, Article 60)
1. The court, upon the request of the interested person, abrogates the registered mark, if:
a) it is registered in violation of the requirements of articles 142 and 143 of this law, at
the time when the application for registration is filed;
the application for registration of the mark is done in mala fide.
2. Every registration that is de-registered is considered non-existent beginning from the
filing date of the mark. If a mark which does not meet the requirements of article 142,
paragraph 1, letters “a”, “b” or “c” of this law has acquired a distinctive character 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.
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. If the previous trademark is used only for a part of the products or services for
which it is registered, it is considered that it has been registered only for that part of the
products or services.”
4. Where grounds for refusal of registration or declaration of invalidity of a mark exist in
respect of only some of the goods or services for which that mark 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 done 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
(Adds words in paragraph 1, Law No. 55/2014 dated 29.05.2014, Article 61)
1. The registration of a mark is repealed when:
a) its owner without legitimate reasons 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 commencement or resumption occur only after the proprietor
becomes aware that the application 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 owner or with his consent of the goods or
services for which it was registered, the mark disorients the public, principally about the
nature, quality or geographical origin of the goods or services.
2. A request for the repeal of a mark, within the meaning of point 1 of this article, is
sought in court by the interested parties. The repeal of a registered mark cannot be done
without its owner being called as a party in the court proceeding. The court 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 letter “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 person when this is permitted by its owner,
or or by any person who has authority to use a collective mark
b) it has been used 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) it has been affixed to goods or to the packaging thereof in the Republic of Albania
solely for export purposes
ç) it has been used for publicity and business 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, revocation shall cover those goods or
services only.
5. Every registration that is repealed ceases its effects 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 applicant may file with the GDPT, against
payment of the respective tariff, a request for the international registration 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 all 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 international registration of a mark in
the Republic of Albania begins from the first day of the month following the month of
publication of the mark in the official gazette of WIPO.
5. The request referred to in point 1 of this article 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 Law 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
b) the quality or characteristics of which are essentially or exclusively due to a
particular geographical environment with its inherent natural 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-geographical names designating an agricultural
product or a foodstuff originating in a region or a specific place, which fulfill 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 paragraph 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 ensure 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
(Adds words in paragraph 1, Law No. 55/2014 dated 29.05.2014, Article 62
Add point 3, Law No. 55/2014 dated 29.05.2014, Article 62)
1. Every person or group of natural or legal persons who produces processes or prepares,
in a designated geographical zone, a product for the definition of which a geographical
indication is used, 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 characteristics 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.
3.The respective authority for agricultural and food products, as defined by paragraph 2
of this article, is the ministry in charge of agriculture
Article 178
The Rights that Come from Registration
1. The right of ownership over geographical indications 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.
2. The owners have the right to prohibit:
a) every commercial use of a geographical indication 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 geographical 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 geographical indication, the origin, the nature
or the fundamental qualities of the goods specified in the 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 misinformation 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 collective right and may be used as such in
the market only by those who, in conformity with the definitions 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;
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
(Adds paragraph 3, of Law No. 55/2014 dated 29.05.2014, Article 63)
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 geographical indication is unlimited in time and
ends when there no longer exists a connection between the particularities and
characteristics of the goods and the geographical environment.
3. The right to use a registered geographical indication can be renewed without limitation
every five years upon the request of the right holder to GDPT. The content or form of the
request shall be defined by a decision of the Council of Ministers, issued for the
implementation of this law
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 geographical 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 characteristics of the goods and their connection
with the geographical environment and geographical origin;
d) a document issued by the respective authority according to point 2 of article 177 of this
Law;
dh) a document issued by the local authorities certifying the performance of the
productive activity of the applicant in the defined geographical region.
4. The application is accompanied by a document of the payment of the respective tariff.
5. Other procedures and additions for the application are defined in the implementing
regulation.
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 indication is considered revoked when it is
de-registered 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
Acts that constitute infringement of the rights
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 64
Adds Article 184 / a, 184 / b, 184 / c, with Law No. 55/2014 dated 29.05.2014, Article 65)
1. The actions performed by any person in violation of articles 36, 37 paragraph 1, and
articles 47 and 48 of this law, regarding an invention protected by a patent or an
application for a patent, constitute an infringement of the patent. When the object of the
patent is a process for the insurance of a product, it is considered that any product with
the same characteristics has been produced by using the patented process, unless proven
otherwise. During court proceedings to prove the contrary, the interests of the defendant
are taken into consideration in order to protect the production process or the trade
secrecy. In the case of trade secrecy, GDPT implements the legislation in force on the
protection of the trade secrecy during revocation or waiver procedures.
2. Any use, limitation, imitation or unauthorized joint accompaniment of the
registered design, mark or geographical indication and any other action that violates the
owner rights, shall constitute, on a case by case basis, an infringement of the right,
pursuant to articles 127, 156 and 178 of this law. The same rule is also applied for the
design, mark or geographical indication filed with GDPT, for which there has been an
application for registration according to this law.
Article 184/a
The right to take actions against the infringement of rights
1. The right to file a lawsuit in court regarding the infringement of rights, according to
this law, belongs to:
a) the owner of a registered patent, design or mark;
b) the authorised user of a collective mark or geographical indication;
c) the holder of an exclusive licence on a patent or application for a patent in
compliance with Chapter XXX, and the owner of a licence for an industrial design or
mark, in compliance with articles 129 and 163 of this law;
ç) the owner of a well-known mark in the Republic of Albania, as defined by Article 6 bis
of the Paris Convention, in compliance with paragraph 5(ç) of Article 143 of this law.
2. The owner of a patent or an application for a patent shall have the right to bring a
lawsuit in court against any person who has infringed, is infringing or threatens to
infringe the rights on this patent. However, the court cannot make any rulings based on
the merits of the case until the granted patent is published.
3. When the licensee holds an exclusive licence on a patent or application for a patent,
he shall have the right to start a court proceeding, if the owner of the patent or the
application for a patent, upon the official notification from the licensee, does not initiate
court proceedings against infringements within a reasonable period of time. When the
licence of the patent is non-exclusive, the licensee can start a court proceeding against
infringements only if its owner or applicant for the patent consents. The owner of a patent
or the applicant for a patent has the right to take part in the court proceeding against
infringements initiated by the licensee. In the case when the proceeding against
infringements is initiated by the owner of the patent, the licensee has the right to take part
in the ruling as a third party.
Article 184/b
Procedures for infringement of rights
1. The persons mentioned in Article 184/a of this law have the right to turn to the
court against any other person who violates his rights, seeking:
a) the prohibition of the commission of further acts of infringement of rights;
b) the removal or seizure of objects that constitute an infringement of the rights from
the channels of commerce or the destruction thereof;
c) the removal or seizure of the means used exclusively or almost exclusively for the
creation or production of products that constitute infringement and the destruction
thereof;
ç) the publication of the final court decision in the public media at the expenses of the
infringer in the manner defined by the court.
2. The court orders the implementation of the measures defined in paragraph 1(b) and
(c) of this article at the expenses of the infringer, except when there are special reasons to
rule otherwise. In ruling over the request to take the measures defined in paragraph 1 (b)
and (c) the court shall consider the proportionality between the relevance of the
infringement and the stipulated measure, as well as the interests of third parties.
3. The measures defined in paragraph 1(a) of this article can also be taken against a
mediator whose services are used by a third party to infringe an industrial property right.
4. A lawsuit for infringement of rights may be filed in the court within three years
from the date when the plaintiff becomes aware of the infringement and the identity of
the infringer.
Article 184/c
Damage compensation
The infringer shall be responsible for all damages incurred by the plaintiff. The court, in
compliance with the provisions of the legislation in force decides on the level of
compensation, except when defined otherwise. The court, when appointing the level of
compensation:
a) takes into consideration any effective and actual damage, including the lost profit
incurred by the damaged party, any unfair profit realised by the infringer, resulting from
unfair competition and, in cases, the moral damage incurred by the holder of the rights
due to infringement, the damage to his good trade name or reputation, etc.;
b) as the case may be, it can decide for the immediate compensation of the damage by
calculating the profits that would be collected or gained in case the infringer would have
asked the authorisation for the use of the concerned industrial property right.”
Article 185
Right of information
(Nryshohet point 1, Law No. 55/2014 dated 29.05.2014, Article 66)
1. 1. In the context of proceedings concerning the infringement of industrial property rights, the court, based on the request, may order that the information on the origin and distribution network of goods and
services that infringe these rights, 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 infringing
activities; or
ç) was indicated by the person referred to in letters “a”, “b” or “c” of this paragraph as
being involved in the production, manufacture or distribution 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, manufactured, 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 force the person referred to in paragraph
1 to admit to his/her own participation or that of his/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
(Adds paragraph 3, of Law No. 55/2014 dated 29.05.2014, Article 67)
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 evidence 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..
3. The court may order the inspection of movable or immovable objects and the provision
of evidence, as defined by the rules provided by the Code of Civil Procedure
Article 187
Temporary Measures
(Amended title of the article, Law No. 55/2014 dated 29.05.2014, Article 68
Amended letter "a", paragraph 1, of the Law No. 55/2014 dated 29.05.2014, Article 68
Amended point 4, with Law No. 55/2014 dated 29.05.2014, Article 68
Amended paragraph 5, Law No. 55/2014 dated 29.05.2014, Article 68
Added paragraph 7, Law No. 55/2014 dated 29.05.2014, Article 68)
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 provisions of this law and enjoys the rights defined by
articles 36, 127, 156 and 178 hereof;
b) submits documents that create the possibility for 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 unjustified delay after he has learned of the
declared infringement.
2. In ordering temporary measures, the court may:
a) impede imminent violations or violations 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 samples, 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 violation of the rights according to this law;
d) order, 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 immovable 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 temporary measures without hearing the other
party, in particular when 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 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 ordering temporary measures, the court also sets a time limit, in accordance with
the rules defined in the Code of Civil Procedure, for the person who has asked for these
measures to submit a lawsuit in court, according to the definitions of article 184 of this
law.
5. The temporary measures, mentioned in paragraph 2, letters “a” and “b” of this article
can be issued against the alleged infringer of an industrial property right 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 assurance intended to ensure
compensation for any prejudice suffered by the opposing party.
7. If the temporary measures defined by this article are abrogated, expired or have
become invalid due to an action or omission of the plaintiff, the court orders the plaintiff,
upon the request of the defendant, to provide to the latter an appropriate compensation for
any caused damage, as per the rules defined in the Code of Civil Procedure.
Article 188
Measures at the border of the country and in the internal market
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 69
Adds Article 188 / a, with Law No. 55/2014 dated 29.05.2014, Article 70)
1. If the owners or holders of the rights, as defined by this law, of a registered patent,
design or mark, or authorised users of a registered geographical indication submit a
complaint about goods imported in the Republic of Albania or other goods inside the
market that violate their rights, defined in this law, the customs authorities or the State
Inspectorate for Market Supervision, whichever the case, are obliged to make the
necessary inspection and, based on drawn conclusions, to decide not to release the goods
from the customs 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 the authentic document
about the origin of these goods, to prove they are authentic. The customs authorities and
inspectors of the State Inspectorate for Market Supervision act also ex officio when
defined by the legislation in force that regulates the activity of these bodies.
2. The procedures for the actions taken by the customs authorities and the inspectors
of the State Inspectorate for Market Supervision, according to paragraph 1 of this article,
are regulated by the customs legislation and the legislation on inspections in the Republic
of Albania.
3. The customs authorities or the State Inspectorate for Market Supervision
immediately notify the importer, receiver or seller of goods regarding the measures taken.
4. The customs authorities or State Inspectorate for Market Supervision shall terminate
the measures taken pursuant to paragraph 1 of this article if the owners or holders of the
rights, as defined by this law, of a registered patent, design or mark or the authorised
users of a geographical indication do not bring a lawsuit in court about the infringement
of their rights within 20 days (business days) from the date of the notification regarding
the taken measures”.
Article 188/a
Statement for non-infringement of the patent law
1. Any interested person may bring a lawsuit against the owner of the patent to prove
that a particular action does not constitute an infringement of the patent. The licensee of
an exclusive patent shall be summoned to court as a defendant together with the patent
owner.
2. The patent owner shall notify the licensee about the concerned ruling. The licensee
has the right to take part in the court proceeding as a third party, unless provided
otherwise by the licencing agreement.
3. If a lawsuit shall be submitted about the infringement of a patent by its owner or
licensee against a person, the later has the right to submit a counterclaim to prove that his
action does not constitute an infringement of the patent.
4. The aforementioned lawsuit can be submitted together with the request for the
revocation of the patent”.
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 Trademarks is a public institution under the
dependence of the Minister of Economy, Trade and Energetic. The General Director is its
representative in relationship with third parties.
2. The structure and organic of the Directorate of Patents and Trademarks is defined by
order of Prime Minister, on the proposal of the Minister of Economy, Trade and Energy.
3. The activity of the Directorate of Patents and Trademarks 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 directly 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 applications 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 activity of the directorate and follows
the fulfillment of the provisions defined by this law and its implemetation regulations.
2. The General Director of the GDPT has the right to sign bilateral agreements 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 areas that this law defines, represents
the directorate in court, arbitration and the state institutions.
4. In conformity with the provisions 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, marks, 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.
3. Data about the rights of protected industrial property or applications for their
protection are published periodically in the gazette of the GDPT no less 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.
3. 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 documents and other information owned by
GDPT is made in compliance with the provisions of this Law.
2. The documentation and information within the meaning 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 authorization of
representation.
4. Details about the authorization of the representation are defined in the implementing
regulation.
Article 196
Revocation and Limitation of Representation
1. The applicant or the holder of right can revoke, amend or limit the act of
representation or the representation rights.
2. The revocation, amendment or limitation of representation act shall become effective
only after it has been notified to GDPT through a written notification.
Article 197
Authorised Representatives of Patents and Marks
(Amended article, Law No. 55/2014 dated 29.05.2014, Article 71)
1. Authorized patent representatives shall be:
a) any person resident in the Republic of Albania who has completed higher education
in the field of engineering or natural sciences and has passed the tests for the qualification
of an authorised representative; or
b) any person resident in the Republic of Albania who has completed higher
education in another field, but who has not less than 5 years working experience in the
field of industrial property and has passed the tests for the qualification of a patent
authorised representative. The activity in the field of industrial property shall be
considered any activity performed under the directions of a professional authorised
representative registered with GDPT;
c) any former employee of GDPT who has not less than 3 years working experience
with GDPT.
2. Authorized mark representatives shall be:
a) any person resident in the Republic of Albania who has completed higher education
and has past the tests for the qualification of an authorised representative of marks in the
GDPT;
b) any former employee of GDPT who has not less than 3 years working experience
with GDPT”.
Article 198
Qualifying Test
1. The GDPT shall organize a test for the qualification 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 representatives 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
(Amended point 1, Law No.10 / 2013 dated 14.02.2013
Adds Article 199/1, the Law No.10 / 2013 dated 14.02.2013)
1. Any action conducted in infringement of the provisions of Article 36, 127, 156 and
178 of this law, regarding infringements of industrial property rights, when not
constituting a criminal offence, constitutes an administrative violation and is
punishable with a fine from ALL 100,000 up to 500,000. The fines are
determined by the inspectorate that covers the market supervision sector.
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 defined 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.
5. The body encharged by this Law to excecute the fines is the Tax Police.
Article 199/1
Complaint
An appeal may be filed against the inspectorate decision, in compliance with the law no.
10433, dated 16/06/2011 “On inspections in the Republic of Albania
CHAPTER XXXVI
TRANSITIONAL AND FINAL PROVISIONS
Article 200
Control and supervision of the internal market
(Amended article by Law No.10 / 2013 dated 14.02.2013)
1. The inspection for the enforcement of this law in the internal market is conducted
pursuant to the law on the inspection and the inspectorate that covers the market
supervision in the ministry responsible for trade.
2. The organisation and functioning of this inspectorate is determined by a Decision of
the Council of Ministers, pursuant to the law on inspection.
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, the 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, the provisions of the law in force
will be applied.
Article 202
Implementing Regulations
The Council of Ministers, within 1 months from the date of entry into force of this law,
shall issue the by-laws pursuant to articles 10, 35, 26 and 63 of this law.
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 shall enter into force 15 days after the publication in the Official Journal.
Approved on 29/05/2013
Promulgated by Decree nr.5825, dated 29.07.2008 of the President of the Republic of
Albania, Bamir Topi
Law No.10 / 2013 dated 14.02.2013, adopted on 2/14/2013, Proclaimed by decree no.
7969, dated 01.03.2013 of the President of the Republic of Albania, Bujar Nishani,
published in Official Gazette No. 29
Law no.55 / 2014 dated 29.05.2014, adopted on 5/29/2014, Proclaimed by decree no.
8610, dated 20.06.2014 of the President of the Republic of Albania, Bujar Nishani,
published in Official Gazette No. 96