. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/267/Add.3
25 March 2002
(02-1530)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Albania to the follow-up questions posed by Switzerland
Addendum
By means of a communication from the Permanent Mission of Albania, dated 18 March 2002,
the Secretariat has received the following responses  to the follow-up questions posed by Switzerland,
circulated in document IP/C/W/263/Add.1.  These questions follow up Albania's responses to initialquestions, circulated in document IP/C/W/267/Add.1.
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A. P
ATENTS
Ad response to question 3:
Please confirm whether your law, in acco rdance with Article 27.1 of the TRIPS
Agreement in combination with Article 31 of the TRIPS Agreement, considers importation as
"working/utilising" a patent (and therefore precludes compulsory licensing, if a product is
imported).
According to Article 27 of the Law on Industrial Property (1994), paragraph 1(b):
"(2) Where the patent concerns a product, the owner of the patent shall have the right to
prevent third parties from performing, wit hout his authorization, the following acts:
(a) the making of a product incorporating the protected invention;
(b) the offering or the putting on the market of a product incorporating the protected
invention, the using of such a product, or the importing or stocking of such a product
for such offering or putting on the market".
In such cases, it is considered as working patent;  so, no compulsory licence can be granted.
Ad response to question 4:
Does your legislation provide for the granting of compulsory license to allow the
exploitation of a patent ("second patent") which cannot be exploited without infringing another
patent ("the first patent") as mentioned in Article 31(l) of the TRIPS Agreement?  If so, which
conditions shall apply for the granting of such licences in your legislation?IP/C/W/267/Add.3
Page 2
Our legislation does not provide (until now) for the granting of compulsory licence to allow
the exploitation of a patent ("second patent") which cannot be exploited without infringing another
patent ("the first patent").
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