WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ALB/I/1
25 March 2002
(02-1519)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
ALBANIA
The present document reproduces the text
1 of the following laws and regulations, as notified by Albania under
Article 63.2 of the Agreement (see document IP/N/1/ALB/1):
Page
- Law N° 7819 on Industrial Property 2- Law N° 8477 on Some Changes and Supplements in Law N° 7819 on Industrial Property 39
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEM ENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ALBANIE
Le présent document contient le texte
1 des lois et réglementations ci-après, notifiées par l'Albanie au titre de
l'article 63:2 de l'Accord (voir le document IP/N/1/ALB/1):
Page
- Loi n° 7819 sur la propriété industrielle 2- Loi n° 8477 modifiant et complétant la Loi n° 7819 sur la propriété industrielle 39
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL
ARTÍCULO 63 DEL ACUERDO
ALBANIA
En el presente documento se reproduce el texto
1 de las siguientes leyes y reglamentos que Albania notificó de
conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ALB/1):
Página
- Ley Nº 7819 de Propiedad Industrial 2
- Ley Nº 8477 por la que se modifican o amplían algunas disposiciones
de la Ley Nº 7819 de Propiedad Industrial 39
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/ALB/I/1
Page 2
R E P U B L I C  OF  A L B A N I A
LAW
ON  INDUSTRIAL  PROPERTY
Note: This publication is  based on an unofficial English  translation issued by  the Patent Office of Albania.IP/N/1/ALB/I/1
Page 3
GENERAL   PROVISIONS
Article 1
Object
This Law provides for the grant and protection of the following industrial property rights :
- patents for inventions and utility models,
- trade marks and service marks,- industrial designs,- appellations of origin.
Article 2
Forms of Protection
(1) Inventions and utility models shall be protected by patents granted by the Patent Office.
      Industrial designs, trade marks and service marks and appellations of origin shall be protected bytheir registration in the Patent Office.
      The protection referred to in this paragraph concerning industrial designs shall not exclude any
other rights provided for in the law, in particular, rights based on the Law of Copyright.(2) The provisions of this Law are equally valid and applicable for legal and natural persons that are
foreign nationals from :
    (a) contracting states of international treaties and conventions which have been acceded to by the
Republic of Albania ;    (b) states, to which the application of the principle of reciprocity is applicable.     The existence of reciprocity shall be proved by the party invoking  reciprocity.
PART   I
PATENTS  FOR  INVENTIONS  AND   FOR UTILITY  MODELS
CHAPTER   I
PATENTABILITY OF INVENTIONS
Article  3
Conditions of patentability
(1) In order to be patentable, an invention shall be novel, shall involve an inventive step and shall be
industrially applicable.(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 ;      (d) presentations of information.
(3) The provisions of  paragraph (2) shall  exclude  patentability of  the subject-matter or activities
referred to in that provision only to the extent to which a patent application or patent relates to suchsubject-matter or activities as such.IP/N/1/ALB/I/1
Page 4
(4) A patent shall not be granted in respect of an invention the publication or exploitation of which would
be contrary to public order or morality.
(5) No patents shall be granted for substances obtained through internal nuclear transformations for
military purposes.(6) No patents shall be granted for inventions of surgical, diagnostic or therapeutical methods practised
on the human or animal body, as they shall be regarded as inventions which are not susceptible of
industrial application within the meaning of paragraph (1).This provision shall not apply to inventions
relating to substances and devices for use in any of these methods.
(7) No patents shall be granted in respect of plant or animal varieties or essentially biological processes
for the production of plants or animals ; this provision does not apply to microbiological processes or the
products thereof.
Article  4
Novelty
(1) An invention shall be considered novel if it does not form part of the prior art. For the determination
of novelty, items of prior art may only be taken into account individually.
(2) The prior art shall consist of everything which, before the filing date or, where priority is claimed, the
priority date of the application claiming the invention (hereinafter priority date ), has been made
available to the public  by means of publishing, use, demonstration or in any other way.
(3) The prior art shall also include the content of any patent application as, filed in, or with effect for, the
Republic of Albania, to the extent that such application or the patent granted thereon is published
subsequently, provided that the filing date or, where priority is claimed the priority date of suchapplication is earlier than the date referred to in paragraph (2).
Article  5
Inventive step
An invention shall be considered to involve an inventive step if, having regard to the prior art, it would
not have been obvious to a person skilled in  the art at the filing date or, where priority is claimed, the
priority date of the application claiming the invention.
Article  6
Industrial  applicability
An invention shall be considered industrially applicable if it can be made or used in any kind of
industry. Industry shall be understood in its broadest sense and shall cover any productive activities
and services.
Article  7
Grace  period
(1) Disclosure of information which otherwise would affect the patentability of an invention claimed in
that application shall not affect the patentability of that invention where the information was disclosedno earlier than 12 months  prior to the filing date or, where priority is claimed, the priority date of the
application :
     (a) by the inventor or any person who, at the filing date of the application,
           had the right to the patent ;IP/N/1/ALB/I/1
Page 5
     (b) by a Patent Office and the information was contained :
      (i) in another application filed by the inventor and should not have been
          disclosed by the Office, or,
      (ii) in an application filed without the knowledge or consent of the inven-
           tor by a third party which obtained the information direct or indirectly           from the inventor;
      (c) by a third party  which obtained the information direct or   indirectly
           from the inventor.(2) The effects of  paragraph (1) may be invoked at any time.
(3) Where the applicability of paragraph (1) is conteste d, the party invoking the effects of that paragraph
shall have the burden of proving, or of making the conclusion likely, that the conditions of that
paragraph are fulfilled.
CHAPTER  II
RIGHT TO A PATENT. MENTION OF INVENTOR.
Article  8
Right to a Patent
(1) The right to a patent shall belong to the inventor or his successor in title. Joint inventors shall, unless
they agree otherwise, have equal rights.(2) Where two or more applications have been filed by different persons in respect of the same
invention and the inventors concerned made the invention independently of each other, the right to a
patent for that invention shall belong to the applicant whose application has the earliest filing date, or,
where priority is claimed, the earliest priority date, as long as his application is not withdrawn orabandoned, considered to be withdrawn or abandoned, or rejected.
Article  9
Employee inventions
(1)(a)  When an invention is made in execution of a commission or an employment contract, the right to
the patent for that invention shall belong, in the absence of contractual provisions to the contrary, to the
person having commissioned the work or to the employer.    (b) When the invention has an economic value much greater than the parties could have reasonably
foreseen at the time of concluding the contract, the inventor shall have a right to special remuneration,
which shall be fixed by the Court in the absence of agreement between the parties.
(2)(a)  When an employee whose employment contract does not require him to engage in inventive
activity makes, in the field of activities of his em ployer, an invention by using data or means available to
him through his employment, the right to the patent for that invention shall belong to the employee,
except if, within a period of four months from the date at which the employer received the report
referred to in subparagraph (2)(b) or the date at which the invention became otherwise known to theemployer, whichever date is earlier, the employer notifies the employee by a written declaration of hosinterest in the invention.
     (b) The employee who makes an invention of the kind referred to in subparagraph (2)(a) shall
immediately submit it to his employer in a written report.IP/N/1/ALB/I/1
Page 6
     (c) If, within the period referred to in subparagraph (2)(a), the employer makes the declaration of
interest, the right to the patent shall be considered as having belonged to him from the beginning.The
employee shall have a right to equitable remuneration taking into account his salary, the economic
value of the invention and any benefit derived from the invention by the employer.In the absence ofagreement between the parties, the remuneration shall be fixed by the Court.(3) Any contractual provision which is less favorable to the inventor than the provisions of this Article
shall be null and void.
Article  10
Mention of inventor
(1) Any publication of the Patent Office, containing the application or the patent granted thereon, shall
mention the inventor or inventors as such.
(2) Where an inventor requests in a declaration signed by him and filed with the Patent Office, that such
publications should not mention him as inventor, the Patent Office shall proceed accordingly.
CHAPTER   III
THE APPLICATION AND PROCEDURE UP TO GRANT
Article  11
Requirements of application
(1) An application for a patent shall contain :
    (a) a request for the grant of a patent ;
    (b) a description of the invention for which a patent is applied for ;
    (c) one or more claims ;
    (d) any drawings, if  necessary, referred   to in the description or the
         claims, in order to elucidate the essence of the invention and its claims ;
    (e) an abstract of the invention ;
    (f) where the application is filed with the  Patent Office through a  patent
         attorney, it shall be accompanied by the respective authorization.(2) The application shall be subject to the payment of the prescribed fees.
(3) The application shall satisfy the conditions laid down in the Regulations.
Article  12
Filing  date
(1) The filing date of a patent application shall be the date on which documents filed by the applicant
contain :    (a) an indication that a patent is sought ;
    (b) information identifying the applicant ;
    (c) a description and one or more claims, even though the description and
         the claims do not comply with the other requirements of this Law and
         of the Regulations.
(2)(a) If the Patent Office finds that, at the time of receipt of an application, the requirements referred to
in paragraph (1) have not been fulfilled, it shall invite the applicant to comply with the requirements asprescribed in the Regulations.IP/N/1/ALB/I/1
Page 7
    (b) If the applicant complies with the invitation referred  to in subparagraph (2)(a), the filing date of the
application shall be the date of receipt of all missi ng elements.If the applicant fails to comply with the
invitation, the application shall be treated as if it had not been filed.
(3) If, subject to paragraph (2), a de cision not to file an application has been made, the applicant may,
on payment of the prescribed fee, appeal to the Board of Appeal of the Patent Office within a threemonth period.The Board of Appeal shall examine the appeal within three months after the date the
appeal is filed and its decision shall be final.
(4) Where the application is conferred to an filing date, the Patent Office shall notify the applicant
accordingly.
Article  13
Disclosure and description
(1)(a) The application shall disclose the invention in a manner sufficiently clear and complete for the
invention to be carried out by a person skilled in the art.    (b) Where the application refers to biologically reproducible material which cannot be disclosed in the
application in such a way as to enable the invention to be carried out by a person skilled in the art and
such material is not available to the public, the application shall be supplemented by a deposit of such
material with a  recognised depositary institution as prescribed in the Regulations.(2)(a)  The application shall contain a description.
    (b) The description shall have the prescribed contents, as defined in the Regulations, and such
contents shall be presented in the prescribed manner and order, as defined in the same  Regulations.     
Article  14
Claims
(1) The claims shall define the matter for which protection is sought.
(2) The claims shall be clear and concise, and shall be supported by the description
(3) The claims shall be presented as prescribed in the Regulations.
Article  15
Abstract
The abstract shall merely serve the purpose of technical information.It shall not be taken into account
for the purpose of interpreting the claims.
Article  16
Unity of invention
(1) An application shall relate to one invention only or to a group of inventions so linked as to form a
single general inventive concept.
(2) Failure to comply with the requirement of unity of invention shall not be a ground for invalidation of a
patent.IP/N/1/ALB/I/1
Page 8
Article  17
Division of initial application
(1) The applicant may divide the application into two or more applications ("divisional applications"),
provided that each divisional application shall not go beyond the disclosure in the initial application.(2) Any divisional application shall be entitled to the filing date or, where priority is claimed, the priority
date of the initial application.
(3) Priority documents and any required translations thereof that are submitted to the Patent Office in
respect of the initial application shall be considered as having been submitted in respect of all divisionalapplications.
Article  18
Right of priority
(1) The application may contain a declaration claiming the priority, pursuant to the Paris Convention
for the Protection of Industrial Property , of one or more earlier national, regional or international
applications filed by the applicant or his predecessor in title in or for any State party to the said
Convention.
(2) Where the application contains a declaration under paragraph (1), the Patent Office may require that
the applicant furnish, within a three months  period, a certified copy of the earlier application.
(3) The effect of the declaration referred to in paragraph (1) shall be as provided in the Paris
Convention.
(4) If the Patent Office finds that the requirements under this Article pertaining thereto have not been
fulfilled, it shall invite the applicant to file the required correction, within a time period as prescribed inthe Regulations.If the applicant does not comply with the said invitation, the declaration referred to in
paragraph (1) shall be considered not to have been made.
Article  19
Amendment or correction. Withdrawal of application.
(1) The applicant shall have the right, on his own initiative, to amend or correct the application up to the
time when the application is in order for grant, on payment of the prescribed fee.(2) No amendment or correction of the application may go beyond what has been disclosed in the
application as filed.
(3) Amendments or corrections may be also made upon the request of the Patent Office.
(4) The applicant may withdraw the application at any time during its pendency.
Article  20
Publication of applications
(1)(a)  Patent Office shall publish all applications filed with it.
    (b) No application shall be published if it is withdrawn or rejected before the expiration of 17 months
from the filing date or, where priority is claimed, the priority date of the application.    (c)  If, by the time an application should be published, a patent has been granted on that application,
the Patent Office shall publish only the patent specification in the prescribed manner, and shall allow
any interested person to inspect the file of the application.
(2) The Patent Office shall publish each application filed with it promptly after the expiration of 18
months from the filing date or, where priority is claimed, from the priority date of theIP/N/1/ALB/I/1
Page 9
application.However, where, before the expiration of the said period of 18 months, the applicant
presents a written request to the Patent Office that his application be published, the Patent Office shall
publish the application promptly after the receipt of the request.
(3) The patent application shall provisionally confer upon the applicant from the date of its publication
the same rights as would be conferred by a patent.(4) The publication of the  application shall be done in a manner as prescribed in the Regulations.
(5) The Court may decide to stay any proceedings br ought before it in respect of unauthorized acts
performed in relation to an invention that is the subject of a published application until a final decisionhas been made by the Patent Office to grant or refuse a patent on the application.(6) The patent application shall be deemed never to have had the effects set out in paragraph (3) if it is
withdrawn or finally rejected.
Article  21
Examination of the applicat ion and grant of the patent
 (1) The Patent Office shall examine whether the application complies with the requirements of Articles
3 (2), (3), (4), (5), (6), (7),  11, 13, 14,  15 and 16.The Patent Office shall not perform an examination of
the application as to the patentability of the invention under Articles (3)  (1), 4, 5 and 6. A patent shall
be granted without a guarantee of its validity.(2) Where the application complies with the requirements referred to in  paragraph (1), the Patent Office
shall decide to grant the patent subject to the payment of the prescribed fee for grant.The decision of
the Patent Office on the grant of patent shall be  within four months from the date of the publication of
the application.(3) If the application does not conform or only partially conforms to the requirements of paragraph (1),
the Patent Office shall notify the applicant, specifying the discrepancies and setting a three month
period for providing a reply.The application shall be rejected if the applicant fails to correct the
deficiencies indicated by the Patent Office.(4) The decision, in accordance with paragraph (3), may be, on payment of fee, appealed to the Board
of Appeal of the Patent Office within a three month period.If the applicant is not satisfied with the
decision of the Board of Appeal, he may appeal this decision within six months.
(5) As soon as the Patent Office has adopted a decision on the grant of the patent, it shall publish a
notification that the  patent has been granted and publish the patent specification in the prescribedmanner.
Article  22
Patent register
(1) The Patent Office shall mantain a patent register in which patents granted shall be recorded,
numbered in the order of their grant.(2) The patent register shall include such matters constituting or relating to the patent as are prescribed
and entries of all corrections, amendments, change in ownership or other matters that the Patent Office
is empowered or required by this Law to record.
(3) The patent register shall be  prima facia  evidence of all matters directed or authorized by or under
this Law to be entered therein.(4) The patent register shall be open to public inspection, subject to such rules as may be prescribed.
(5) Certified copies of any entry in the patent register shall be given by the Patent Office to any person
requiring the same on payment of the prescribed fee and a copy so certified shall be admissible inevidence in all courts and proceedings without further proof or production of the original.IP/N/1/ALB/I/1
Page 10
Article  23
Secret patents
(1) Patent application which relate to the defense and security of the Republic of Albania shall be
deemed secret and shall be filed with the Ministry of Defence.(2) If the Patent Office receives an application for an invention it deems to be a secret invention, it shall
notify the applicant on the matter and invite him to express his views on the findings within the time limit
:    (a) if the applicant agrees with the findings of the Patent Office, the appli -
         cation shall be forwarded for further consideration to the Ministry of
         Defence ;
    (b) if the applicant does not agree with the findings of  the  Patent Office
         and substantiates his opinion with evidence that is  accepted  by  the
         Patent Office,   the Patent Office shall resume the procedure for  the
         grant of the patent in accordance with the provisions of this Law ;    (c) if the applicant does not agree with the findings of the Patent Office and
         fails to substantiate his opinio n or fails to substantiate it with sufficient
         evidence, the Patent Office shall issue a decision on its incompetence
         and forward the application to the Ministry of Defence.(3) If the Ministry of Defence finds that the invention should not be deemed secret, the application shall
be forwarded to the Patent Office, which shall deal with it in accordance with the provisions of this Law.
(4) All the secret patent applications and secret patents shall be processed under special Regulations.
(5) If, after a patent for a secret invention has been granted, the Ministry of Defence finds that the
invention should no longer be deemed secret, the complete file relating to the patent shall be forwardedto the Patent Office.Upon receipt of such file, the Patent shall enter the patent in the Patent Register,
issue a patent certificate to the patentee and publish the specifications of the patent in accordance with
Article 21,  fifth paragraph.
(6) Domestic legal and natural persons may seek protection for a secret invention abroad only with the
approval of the Ministry of Defence.
Article  24
Exploitation of secret inventions
(1) Ministry of Defence and Ministry of Public Order shall have the exclusive right to work and dispose
of secret inventions.(2) The rightful claimant to a secret invention protected by a patent shall be entitled to a lump sum as
compensation regardless of the scope of the use of the invention for the needs of national defence.
(3) The amount of compensation referred to in the second paragraph of this Article shall be agreed
upon by the applicant and by the responsible Ministry (according to  paragraph (1) ).If agreement cannot
be reached, the applicant shall be entitled to request a competent court to determine the amount ofcompensation.
    Article  25
Inspection of files
(1) The file relating to a patent application may be inspected before the grant of the patent only with the
written permission of the applicant.IP/N/1/ALB/I/1
Page 11
(2) Where an application is withdrawn in accordance with Article 19 (4), the file relating to it may be
inspected only with the written permission of the person who withdrew the application.
Article  26
Opposition to the grant of patent
(1) Within nine months from the date the announcement of the grant of patent is published, any person,
on payment of the prescribed fee, shall have the right to file with the Board of Appeal of the PatentOffice a substantiated notice of opposition to the patent granted.The opposition shall be filed in writtenform in two copies.
(2) An opposition against the grant of patent may only be filed with the Board of Appeal, if the
requirements of Article 3 (2), (3), (4), (5), (6), (7) and Articles  8, 13 (1) and 19 (2) of this Law have not
been observed.
(3) Pursuant to paragraph (1) of this Article, a copy of the opposition shall be forwarded to the applicant
who shall prepare observations within three months.On the request of the applicant, this term may beextended for one more month.The Board of Appeal shall examine the opposition within three monthsfrom the date of receipt of the applicant's observations.The applicant and the opponent shall be notified
of the opposition examination 30 days before the fixed date of the proceedings.Both parties shall have
the right to participate in the opposition proceedings, to submit essential materials and to provide oralexplanations.(4) According to the results of the opposition examination, the Board of Appeal shall either revoke the
patent in whole or in part or reject the opposition.
(5) A decision of the Board of Appeal referred to in paragraph (4), may be appealed within six months
from each interested part.
CHAPTER  IV
EFFECTS  OF  A  PATENT
Article  27
Rights conferred by a patent
(1) Where the patent concerns a product, the owner of the patent shall have the right to prevent third
parties from performing, without 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 ;    (c)  the inducing of other parties to perform any of the above acts.
(2) Where the patent concerns a process, the owner of the patent shall have the right to prevent third
parties from performing, without his authorization, the following acts :
    (a) the using of a process which is the subject matter of the patent ;
    (b) in respect of any product directly obtained by such process, any of the
         acts referred to in  paragraph (1)(b), even where a patent cannot be obta-
         ined for the said product ;
    (c) the inducing of other parties to perform any of the above acts.IP/N/1/ALB/I/1
Page 12
(3) The owner of a patent shall have no right to prevent third parties from performing, without his
authorization, the acts referred to in paragraphs (1) and (2) in the following circumstances :
    (a) where the act concerns a product covered by the patent after it has been
         put on the market by the owner of the patent, or with his express con-         sent, in the Republic of Albani a   or  in any  territory specified in  the
         bilateral or multirateral agreements which  have  been  acceded to  by
         Republic of Albania ;
    (b) where the act is done privately and for non-commercial purposes, pro-
         vided that it does not significantly prejudice the economic interests  of         the owner of the patent ;
    (c) where the act is done for purely experimental purposes or for scientific
         research ;    (d) where the act consists of the extemporaneous preparation for individu-
         al cases, in a pharmacy or by a medical doctor, of a medicine in accor-
         dance with a medical prescription or acts concerning the  medicine  so         prepared.(4) A patent shall also confer on its owner the right to prevent third parties from supplying or offering to
supply a person, other than a party entitled to exploit the patented invention, with means, relating to an
element of that invention, for carrying it out , when the third party knows, or it is obvious in thecircumstances, that those means are suitable and intended for carrying out that invention.This provisionshall not apply when the means are staple commercial products and the circumstances of the supply of
such products do not constitute inducement to infringe the patent.
Article  28
Term of patents and maintenance fees
(1) The term of a patent shall be  20 years  as from the filing date of the application.
(2) The maintenance of a patent shall be subject to the payment of the prescribed fees.These fees shall
be due each year on the date corresponding to the filing date.
(3) Any maintenance fee may be paid within a period of six months beginning on the date when it
became due, paying in this case a supplementary fee for the delay.(4) If a maintenance fee is not paid according to paragraphs (2) and (3), the patent shall lapse on the
date when the fee became due.
(5) The term of a patent for invention related to pharmaceutical products can be extended over 20
years, but no more than 5 years . 
Artile  29
Extent of protection
(1) The extent of the protection conferred by the patent shall be determined by the claims, which are to
be interpreted in the light of the description and drawings so as to combine fair protection for the owner
of the patent with a reasonable degree of certainty for third parties.
(2) For the period up to the grant of the patent, the extent of the protection conferred by a patent
application shall be determined by the latest filed claims contained in the publication under Article20.However, the patent as granted or as amended in invalidation proceedings shall determine
retroactively the protection conferred by the patent application, in so far as such protection is not
thereby extended.IP/N/1/ALB/I/1
Page 13
(3) In determining  the extent of protection, due account shall be taken of any statement limiting the
scope of the claims made by the applicant or the owner of the patent during procedures concerning the
grant or the validity of the patent.
Article  30
Prior  user
(1) A patent shall have no effect against any person who in good faith, for the purposes of his
enterprise or business, before the filing date, or, where priority is claimed, the priority date of theapplication on which the patent is granted, and within Albania was using the invention or was making
effective and serious preparations for such use.Any such person shall have the right, for the purposes
of his enterprise or business, to continue such use or to use the invention as envisaged in suchpreparations.
(2) The right of the prior user may only be transferred or devolve together with his enterprise or
business, or with that part of his enterprise or business in which the use or preparations for use havebeen made.
Article  31
Limitation of rights with respect to  means of transport and transit goods
The rights under the patent shall not extend to the use of the patented invention on any foreign vessel,
aircraft or land vehicle which temporarily or accidentally enters the waters, airspace or land of Albania
provided that the patented invention is used exclusively for the needs of the vessel or in theconstruction or operation of the aircraft, spacecraft or land vehicle.
CHAPTER   V
CHANGE  IN OWNERSHIP  AND JOINT  OWNERSHI P  OF PATENT  APPLICATION OR PATENT
Article  32
Change in ownership of pa tent application or patent
(1) Any contract assigning a patent application or a patent shall be made in writing and shall be signed
by the parties to the contract.Otherwise it shall not be valid.(2) Any change in the ownership of a patent application or a patent shall be recorded in the patent
register on payment of the prescribed fee.The new owner of the application or patent shall be entitled to
institute any legal proceedings concerning the patent only if the change in the ownership has been
recorded in the patent register.The Patent Office shall publish the change of the ownership of thepatent.
Article  33
Judicial assignment of pate nt application or patent
If a patent application has been filed or a patent granted to a person who is not entitled to the patent
under Article 8 or 9, the person entitled to it under this provisions may request the Court to order the
assignment to him of the patent application or patent.IP/N/1/ALB/I/1
Page 14
Article  34
Joint ownership of patent  application or patent
(1) Where there are joint applicants of a patent application, each of them may without the agreement of
the others separately assign or transfer by succession his share of the application, but the jointapplicants may only jointly withdraw the application or conclude licence contracts with third parties
under the application.
(2) Where there are joint owners of a patent, each of them may without the agreement of the others
separately assign or transfer by succession his share of the patent or institute court proceedings for aninfringement of the patent against any person exploiting the patented invention in the Republic of
Albania. The exploitation of the patented invention in the Republic of Albania by one of the joint owners
shall not require the agreement of the other joint owners, but the joint owners may only jointly surrenderthe patent or conclude licence contracts with third parties under the patent.
(3) The provisions of this Article shall be applicable only in the absence of an agreement to the contrary
between the joint applicants or owners.
CHAPTER  VI
CONTRACTUAL  LICENCES  AND LICENCES  OF RIGHT
Article  35
License contract
(1) For the purposes of this Law, "licence contract" means any contract by which a party ("the licensor")
gives to the other party  ("the licensee") his agreement for that other party to perform in the Republic of
Albania any of the acts referred to in Article 27 in respect of an invention claimed in a patent or a patent
application.(2) A licence contract shall be made in writing and shall be signed by the parties to the
contract.Otherwise it shall not be valid.
(3) The fact that a licence contract has been concluded may be recorded in the patent register on
payment of the prescribed fee.The licensee shall be entitled to institute any legal proceedingsconcerning the licence contract only if it has been recorded in the patent register.(4) Secret patents may be licensed or assigned if there is written consent by the Ministry of Defence or
Ministry of Public Order.
(5) If the owner of the patent fails to pay the prescribed maintenance fee under Article 28 in due time,
and a licence contract has been entered in the patent register in favour of a third person, the PatentOffice shall inform the licensee that the fee has not been paid and that he may pay the fee within six
months from the date of the notification in order to preserve the validity of the licence right.In case of a
dispute on ensuring the registered rights of the licensee, the court may, if deemed essential forensuring those rights, decide that the patent be transferred to the licensee.
Article  36
Rights of licensee
(1) In the absence of any provision to the contrary in the licence contract, the agreement given by the
licensor to the licensee shall extend to the performance in respect of the invention of all the acts
referred to in Article 27 without limit ation as to time, in the entire terri tory of the Republic of Albania, and
through any application of the invention.IP/N/1/ALB/I/1
Page 15
(2) In the absence of any provisions to the contrary in the licence contract, the licensee may not allow a
third person to perform in respect of the invention any of the acts referred to in Article 27.
Article  37
Rights of licensor
(1) In the absence of any provision to the contrary in the licence contract, the licensor may allow a third
person to perform in respect of the invention any of the acts referred to in Article 27 and shall not beprevented from performing them himself.(2) If the licence contract provides that the licence is exclusive, and unless it is expressly provided
otherwise in the licence contract, the licensor may neither allow a third party to perform nor perform
himself in respect of the invention any of the acts referred to in Article 27 which are covered by the saidcontract.
Article  38
Licences of right
(1) Where the owner of a patent files a written statement with the Patent Office that he is prepared to
allow any person to use the invention as a licensee in return for appropriate compensation, themaintenance fees which fall due after receipt of the statement shall be reduced according to theRegulations.
(2) The statement may be withdrawn at any time upon written notification to this effect to the Patent
Office, provided that no one has informed the owner of the patent of his intention to use the invention.(3) The statement may not be filed as long as an exclusive licence is recorded in the patent register.
(4) On the basis of the statement, any person shall be entitled to use the invention as a licensee under
the conditions laid down in the  Regulations.Any licence so obtained shall be treated as a contractual
licence.(5) No request for recording an exclusive licence in the patent register shall be admissible after the
statement has been filed, unless the said statement is withdrawn.
CHAPTER  VII
NON  - VOLUNTARY  LICENCES
Article  39
Non - voluntary  licences
(1) On the request of any person who proves his ability to work the patented invention in the Republic of
Albania, made after the expiration of  a period of four years from the filing date of the application for the
patent or three years from the grant of the patent, whichever is later, the Patent Office may grant a non-exclusive, non-voluntary licence if the patented invention is not worked or is insufficiently worked in the
Republic of Albania.The grant of the non-voluntary licence shall be subject to the payment of equitable
remuneration to the owner of the patent.(2) A non-voluntary licence shall not be granted if the Patent Office is convinced that circumstances
exist which justify the non-working or insufficient working of the patented invention in the Republic of
Albania.IP/N/1/ALB/I/1
Page 16
(3) In deciding whether to grant a non-voluntary licence, the Patent Office shall give both the owner of
the patent and the person requesting the non-voluntary licence an adequate opportunity to present
arguments.
(4) Any non-voluntary licence shall be revoked when the circumstances which led to its granting cease
to exist, taking into account the legitimate interests of the patent owner and of the licensee.Thecontinued existence of these circumstances sha ll be reviewed upon request of the patent owner.
Article  40
Exploitation by Government or by thir d parties authorized by Government
Where the national security or public safety so requires, the Minister may authorize, even without the
agreement of the owner of the patent or of the applicant, by notice published in the Official Journal, agovernment agency or a person designated in the said notice to make, use or sell an invention to which
a patent or a patent application for a patent relates, subject to payment of equitable remuneration to the
owner of the patent or the applicant.The decision of the Minister may be the subject of an appeal to theCourt.
CHAPTER  VIII
INFRINGEMENT
Article  41
Acts of infringement
(1) Subject to this Law, the performance of any act referred to in  Article 27(1) , (2) and (4) in Albania by
a person other than the owner of the patent, and without the consent of the latter, in relation to a
product or process falli ng within the scope of protection of the patent shall constitute an infringement of
the patent.(2) Subject to this Law, the performance of any act referred to in Article 27(1), (2) and (4) in Albania by
a person other than the applicant, and without the consent of the applicant, in relation to a product or
process falling within the scope of provisional protection conferred on a published patent applicationunder Article 20 (3) shall constitute an infringement of that provisional protection.
Article  42
Infringement proceedings
(1) The owner of a patent and the applicant for a patent shall have the right to institute proceedings in
the Court against any person who has infringed or is infringing the patent or the provisional protectionconferred on a published patent application.The owner of the patent and the applicant shall have thesame rights against any person who has performed acts or is performing acts which make it likely that
such infringement will occur ("immi nent infringement").The proceedings may not be instituted after five
years from the act of infringement.(2)(a)  If the owner of the patent proves that an infringement has been committed or is being committed,
the Court shall award damages and shall grant an injunction to prevent further infringement and any
other remedy provided in the general law.
    (b) If the owner of the patent proves imminent infringement, the Court shall grant an injunction to
prevent infringement and any other remedy provided in the general law.IP/N/1/ALB/I/1
Page 17
(3)(a)  Unless the licence contract provides otherwise, any licensee may request the owner of the patent
to institute Court proceedings for any infringement indicated by the licensee, who must specify the relief
desired.
    (b)  Such licensee may, if he proves that the owner of the patent received the request but refuses or
fails to institute the proceedings within three months from the receipt of the request, institute theproceedings in his own name, after notifying the owner of the patent of his intention.The owner of the
patent shall have the right to join in the proceedings.
    (c) Even before the end of the three-month period referred to in subparagraph (3)(b), the Court shall,
on the request of the licensee, grant an appropriate injunction to prevent infringement or to prohibit itscontinuation, if the licensee proves that immediat e action is necessary to avoid substantial damage.
(4) Where the subject matter of the patent is a process for obtaining a product, the burden of
establishing that a product was not made by the process shall be on the alleged infringer if either of thefollowing conditions is fulfilled :
    (a) the product is new, or,
    (b) a substantial likelihood exists that the product was made by the process and the owner of the
patent has been unable through reasonable efforts to determine the process actually used.
Article  43
Declaration of non -infringement
(1) Any interested person shall have the right to request, by instituting proceedings against the owner of
the patent, that the Court declare that the performance of any specific act does not constitute
infringement of the patent.(2) If the person making the request proves that the act in question does not constitute an infringement
of the patent, the Court shall grant the declaration of the non-infringement.
(3) The owner of the patent shall have the obligation to notify any licensees of the proceedings.The
licensees shall have the right to join in the proceedings in the absence of any provisions to the contraryin the licence contract.(4) If the act in question is already the subject of infringement proceedings, the defendant in the
infringement proceedings may not institute proceedings for a declaration of non-infringement.
CHAPTER  IX
CHANGES  IN PATENTS. SURRENDER  AND  INVALIDATION.
Article  44
Changes in patents
(1) The owner of a patent shall have the right to request the Patent Office to make changes in the
patent in order to limit the extent of the protection conferred by it.(2) The owner of a patent shall have the right to request the Patent Office to make changes in the
patent in order to correct mistakes or clerical errors, made in good faith.Where the change would result
in a broadening of the extent of protection conferred by the patent as granted, no request may be madeafter the expiration of two years from the grant of the patent and the change shall not affect the rights ofany third party which has relied on the patent as granted.
(3) No such change in the patent may go beyond what has been disclosed in the application as filed.
(4) If, and to the extent to which, the Patent Office changes the patent according to paragraphs (1) or
(2), it shall publish the changes.IP/N/1/ALB/I/1
Page 18
Article  45
Surrender
(1) The owner of a patent may surrender the patent by written declaration submitted to the Patent
Office.The surrender may be limited to one or more claims of the patent.(2) The Patent Office shall record the surrender and publish notification of it as soon as possible.The
surrender shall take effect from the date of receipt of the declaration by the Patent Office.
Article  46
Invalidation
(1) The Court may, at the request of any person, invalidate a patent, in whole or in part, on any of the
following grounds :
    (a) the subject-matter of the patent  is not patentable under Articles  3 (1),  4, 5 and 6 ;
    (b) the patent does not disclose the invention in a manner sufficiently clear and complete for it to be
carried out by a person skilled in the art (Article  13(1) ) ;
    (c) the subject-matter of the patent goes beyond what has been disclosed in the patent application
as filed (Article 44 of this Law).
(2) The Court may require 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 either inconnection with an application for a patent or other title of protection filed, for the same or essentially
the same invention, by the owner of the patent, with any other national or regional patent office, or in
connection with any proceedings relating to the patent or other title of protection upon such application.
Article  47
Effect of invalidation
(1) Any invalidated patent, or claim or part of a claim shall be considered to be null and void from the
date of the grant of the patent.
(2) When a decision of the Court to invalidate a patent, in whole or in part, becomes final, the Court
shall notify the Patent Office which shall record the decision in the patent register and shall publish it assoon as possible.
CHAPTER  X
INTERNATIONAL APPLICATIONS  UNDER THE PATENT  COOPERATION TREATY
Article  48
Application of the Patent Cooperation Treaty
(1) For the purposes of this Chapter "international application" means an application filed under the
Patent Cooperation Treaty (hereinafter referred to as the  "PCT").
(2) Where reference is made in this Law to the PCT, such reference shall include the Regulations under
the PCT.(3) In the Republic of Albania, any international patent application shall be equivalent to an application
filed with the Patent Office in accordance with Article 12 of this Law.Such an international application
shall be considered to have the effect of a regular na tional application as of its international filing date
and this date shall be considered to be  the filing date of the application with the Patent Office, providedIP/N/1/ALB/I/1
Page 19
the Republic of Albania is indicated in the international application as a "designated" state (within the
meaning of Article 4 (1)(ii) of the  PCT) or  "elected" state (within the meaning of Article  31(4)(a) of the
PCT).
(4) The provisions of the PCT and of Regulations under the PCT shall have full effect and shall apply in
accordance with the provisions of this Law.(5) In the case  of conflict between the provisions of the PCT and the provisions of  this Law and of any
implementing legislation, the provisions of the  PCT shall prevail.
Article  49
Designated Office  and  Elected Office
(1) Where the Republic of Albania is indicated in the international application as a "designated" state or
"elected" state  and the applicant, in accordance with  Chapters I to IX of this  Law, wishes to obtain a
patent of the Republic of Albania, he shall, within one month after the expiration of the time limits
applicable under  Articles 22 or 39 of the  PCT, submit to the Patent Office a translation into the Albanian
language of the description, claims, abstract of the invention and textual matter on the drawings, if any,and pay the prescribed filing fee.
(2) The international application shall be considered as withdrawn if, within the time limit referred to in
this Article, the translation into the Albanian language of the description, claims, abstract of theinvention and textual matter on the drawings is not submitted to the Patent Office.(3) Further examination of the international application in the Patent Office shall be carried out in
accordance with the provisions of Article 21 of this  Law.
(4) Any international application designating Albania which has been published under Article 21 of the
PCT shall give rise to the same rights as an application published under Article 20  of this  Law as from
the date on which a translation into the Albanian language of the claims of the international application
has been published by the Patent Office.This translation shall be published within three months from
the date of its submission to the Patent Office.
Article  50
International applications filed with the Patent Office as Receiving Office
(1) If the applicant of the international application is a national or resident of the Republic of Albania,
then, in accordance with Article 10 of the  PCT, the international application may be filed with the Patent
Office as a "receiving" Office.
(2) Subject to Rule 14 of the Regulations under the PCT, the applicant shall pay the transmittal fee to
the Patent Office within a month from the filing of the internationl application.(3) International applications filed with the Patent Office as a "receiving" Office shall be filed in the
language as prescribed in the agreement between the International Bureau of the World Intellectual
Property Organization and the International Searching Authority specified by the Patent Office asreferred to Rule 35 of the PCT.IP/N/1/ALB/I/1
Page 20
CHAPTER  XI
REGISTRATION  OF  EUROPEAN  PATENTS
Article  51
Extension of European patents
Protection of inventions in the Republic of Albania may also be obtained by extending the effects of
European patent applications and patents in accordance with a Regulation to be enacted after thesigning of the respective Agreement between the Government of the Republic of Albania and European
Patent Organization.
CHAPTER  XII
PATENTABILITY OF UTILITY  MODELS
Article  52
Conditions of patentability
(1) A utility model shall be patentable if it is new and industrially applicable.
(2) Protection by utility models is m ade available to models capable of  affording effectiveness or ease
of application or use to machines or parts of machines, to instruments, to utensils and every day
objects, where they consist of special forms, arrangem ents, configurations or combinations of elements,
satisfying the requirements as per the preceding paragraph.A patent granted for a machine as a whole shall not imply protection of the parts of the machine.
The effects of a utility model patent shall extend to models having equivalent utility, on condition that
they are based on the same innovative concept.(3) Patents for utility models are not granted for the methods and the objects as per Article 3 (2), (3),
(4) of this Law.
Article  53
Novelty and industrial applicability
The novelty and the industrial applicability of the utility models are defined as  per the provisions of
Articles 4 and 6 of this Law.
Article  54
Legal protection
Legal protection for utility model s is provided by patents for models with a duration of 10 years , starting
from the filing date.
Article  55
Transformation
Upon  a written applicant's request, a patent application for invention can be transformed into a patent
application for utility model until a decision is made with regard thereto.IP/N/1/ALB/I/1
Page 21
Article  56
Treatment of th e utility models
The treatment of inventi ons is equally applicable for the utility models, unless something else has been
provided in the  present Chapter.
CHAPTER  XIII
THE  REVIEW  OF  DISPUTES  IN  COURT
Article  57
The review of disputes in Court
(1) The Regional Court of Tirana shall have exclusive jurisdiction for any dispute concerning a patent
application or patent, in particular for :    (a) any  action  for  infringement or a declaration of non - infringement of a
         patent or patent application ;
    (b) any action or counterclaim for invalidation of a patent ;
    (c) any  action  concerning the  right to  the  patent,  the  ownership  or
         assignment of a patent application or patent ;    (d) any action concerning a licence contract ;
    (e) the grant of non - voluntary licences ;
    (f) the review decisions of Board of Appeal of the Patent Office.
(2) Decisions of the Regional Court of Tirana on any type of disputes referred to in  this Article, may be
appealed to the Court of Appeal.
Article  58
Terms for instituting actions in courts
(1) Within the period of patent duration, an action may be instituted in Court without any time limitation,
if the dispute has arisen :    (a) on invalidation of patents (Article 46) ;
    (b) on the grant of licences.
(2) In other cases of disputes, which are not referred to in  paragraph (1) of this Article, the term for
instituting an action in Court is limited to three years unless this Law or the legislative acts in forceprovide for other terms.IP/N/1/ALB/I/1
Page 22
PART    II
INDUSTRIAL DESIGNS
CHAPTER    XIV
DEFINITION , CONDITIONS AND RIGHT TO PROTECTION
Article     59
Definition and conditions of protection
(1) For the purposes of this Law, " industrial design " ( hereinafter referred to as " design " ) means the
features of the appearance of a product which are not dictated solely by the technical function of the
product and which confer to it a special appearance. The designs may be two or three dimensional or acombination of them.
(2) (a) In order to be protectable, an industrial design must be new and usable in industrial or handicraft
products.     (b) An industrial design shall be considered to be new if it is not identical or closely similar to an
industrial design which by publication or by public use has been made available to the public, anywhere
in the world, before the filing date or, where priority is claimed, before the priority date of the application
for the registration of the former design.     (c) Subparagraph 2(b) of this Article shall not apply in respect of any publication or public use which
was made by the creator of the industrial design or his successor in title within a period of 12 months
prior to the filing date of the application or, where priority is claimed, the priority date.
(3) Protection shall not be granted in respect of industrial designs, the publication or exploitation of
which would be contrary to public order or morality.
Article    60
Right to protection
(1) The exclusive right to an industrial design shall belong to the creator of the industrial design or his
successor in title. Joint creators shall , unless they agree otherwise , have equal rights.
(2) Where two or more applications have been filed by different persons in respect of the same
industrial design and the creators concerned , created the design independently of each other , the rightto protection that design shall belong to the applicant whose application has the earliest filing date or
where priority is claimed , the earliest priority date , as long as his application is not withdrawn  or
rejected.
Article    61
Industrial designs created pursuant to a commission or by an employee
(1)(a)  Where a design is created in execution of a commission or an employment contract, the right to
protection for that design shall belong, unless they agree otherwise, to the person having
commissioned the work or to the employer.
    (b) Where the design  has an economic value much greater than the parties could have reasonably
foreseen at the time of concluding the contract, th e employee shall have a right to special remuneration,
which shall be fixed by the Court in the absence of agreement between the parties.
(2)(a) When an employee whose employment contract does not require him to engage in inventive
activity makes,in the field of activities of his empl oyer, a design by using data or means available to him
through his employment, the right to protection for that design shall belong to the employee, except if,IP/N/1/ALB/I/1
Page 23
within a period of four months from the date at which the employer received the report referred to in
subparagraph (2)(b) or the date at which the design became otherwise known to the employer,
whichever date is earlier, the employer notifies the employee by a written declaration of his interest in
the design.   (b) The employee who makes a design of the kind referred to in subparagraph (2)(a) shall
immediately submit it to his employer in a written report.
   (c) If, within the period referred to in subparagraph  (2)(a), the employer makes the declaration of
interest, the right to protection for that design shall be considered as having belonged to him from thebeginning.The employee shall have a right to equitable remuneration taking into account  his salary, the
economic value of the design and any benefit deriv ed from the design by the employer.In the absence
of agreement between the parties, the remuneration shall be fixed by the Court.
(3) Any contractual provision which is less favorable to the inventor of the design than the provisions of
this Article shall be null and void.
  Article  62
Mentioned of the creator of the design
Any publication of the Patent Office, containing the application or the registration granted thereon, shall
mention the creator or the creators of the  design as such, provided that any creator may request, in adeclaration signed by him and filed with the Patent Office, that such publications should not mentionhim as creator, in which case the Patent Office shall proceed accordingly.
CHAPTER   XV
APPLICATION  FOR REGISTRATION
Article 63
Filing date
(1) As the filing date of the application for registration of a design shall be considered the date when the
Patent Office receives documents which  inclu -
 de :
(a) a request to register a design ;
(b) the name and address of the applicant ;
(c) a description of the design ;
          (d) in order to clarify the essence of the design, drawings of
               the general view of the article, a confection scheme or a sample of
               the article ;
(e) an indication of the product or products in which design is inten -
               to be incorporated ;
(f) where priority is claimed in the application, words to that effect ,
      together with the identification of  the Patent Office with which the      
application whose priority  is claimed ( " the priority application " )
     was filed, the filing date of the priority application and, if available
     the number of the priority application ;
(f) signature of the applicant.
         (g) where the application is filed in the Patent Office through a represen-
              tative ( as referred to in Chapter XXVIII ) , it shall be accompaniedIP/N/1/ALB/I/1
Page 24
              by the respective authorization.
(2) The application shall identify the creator or creators of the design.
(3) Two or more designs may be subject of the same application, provided that they relate to the same
class of the International  Classification established by the Locarno Agreement.
(4) The application shall be subject to the payment of the prescribed fee.
(5) The application and all further concerning proc edures ( correspondence ) will be presented in the
prescribed manner as defined in the Regulations.
(6) The priority right shall be known for countries par ty to the Paris Convention for the Protection of
Industrial Property.
Article    64
Temporary protection of industrial design s exhibited at international exhibitions
(1) The applicant for registration of an industrial design who has exhibited a product or products
incorporating on the industrial design at an official or officially recognized international exhibition andwho applies for registration of that industrial design within six months from the day on which the productor  products incorporating the industrial design were fi rst exhibited in the exhibition shall, on his request,
be deemed to have applied for registration on that day.
(2) Evidence of the exhibition of products incorporating the industrial design shall be given by a
certificate issued by the competent authorities of the exhibition, stating the date on which the industrialdesign was first shown in connection with products included in the exhibition.
Article    65
Examination as to formalities
(1) Within 3 months after receipt of the application, the Patent Office shall conduct a preliminary
examination of the application, as to conformity of the application with the requirements of Article 63 ofthis Law and in accordance with set procedure, establish the filing date of the application and if the
applicant has the right of priorit, the filing date of priority.
(2) If the application does not conform the prescribed requirements of Article 63 of this La , the Patent
Office shall notify the applicant to correct the non-conformities within 3 months from the day ofcommunication and if the essential deficiencies are not eliminated, the Patent Office shall reject  theapplication  and shall notify the applicant of this  in writing.
(3) Within a period of 3 months from the date of receipt the rejection, the applicant has the righ , upon
the payment of the prescribed fee, to submit a substantiated appeal in the Board of Appeal of thePatent Office.(4) The decision of the Board of Appeal concerning the above-mentioned paragraph will be final.
Article    66
Registration of the industrial de sign. Postponement of publication
(1) The Patent Office shall, within a set period as prescribed in the Regulations, examine the conformity
of the  application with the requirements of Article 59 (3) of this Law and shall adopt the decision inaccordance with the results of the examination. The applicant shall be notified of this in writing and ifthe decision is positive he shall be notified to pay the registration fee.
(2) As soon as possible after the decision to register the design or designs, the Patent Office shall
publish the design or the designs in the prescribed manner.IP/N/1/ALB/I/1
Page 25
(3) Within a period of 2 months from the date of receipt the rejection of the registration, the applicant
has the right, upon the payment of the prescribed fee, to submit a substantiated appeal to the Board of
Appeal of the Patent Office. The decision of the Board of Appeal concerning this paragraph, may be
appealed in the Court within 6 months.(4) Together with the filing of the application , a request may be made for postponement of the
publication of the registered design or designs, for a period of up to 12 months from the day following
the application filing date. In the case of such request, the Patent Office shall, upon registration, publish
information on the owner of the registered design. After the expiration of the period of thepostponement, the registered design or designs shall be published unless the application has beenwithdrawn before the expiration of the said period.
CHAPTER     XVI
Effect  of  Registration
Article    67
Rights conferred by registration
(1) The owner  of the registered design shall have the right to prevent third parties from making ,
importing, offering to supply or distributing, or having in their possession for these purposes, anyproducts that incorporate the registered design or closely similar design, when such acts are
undertaken for commercial purposes.
(2) The paragraph (1) of this Article  shall not have effect in respect of mentioned products in that
paragraph, which have been put on the market in the territory of the Republic of Albania, or in anyterritory specified in bilateral or multilateral agreement of the Republic of Albania.
(3) The rights conferred by the registration shall not extend to equipment on ships, aircraft and any
other vehicles not registered in the territory of the Republic of Albania, when these temporarily enter inthe territory of the Republic of Albania, as well as the importation of spare parts and accessories for thepurpose of repairing such vehicles and the execution of repairs on such vehicles.
Article    68
Term of registration and renewal
(1) The registration is made for 5 years  counted from the filing date.
(2) The registration may be renewed, on payment of the prescribed fee, for additional terms of five
years each up to a total term of 15 years  counted from the filing date.
CHAPTER   XVII
LICENCE CONTRACTS
Article    69
License contracts
(1) For the purposes of this law ,  " licence contract " means any contract by which the owner of an
registered design ( " the licensor " ) gives to the other party ( " the licensee " ) his agreement for that
other party to do any of the acts referred to in Article 68  (1) of this Law.IP/N/1/ALB/I/1
Page 26
(2) A licence contract shall be made in writing and shall be signed by the parties to the contract.
Otherwise it shall not be valid.
(3) The fact that the contract has been concluded shall be recorded in the Register of industrial designs
on payment of the prescribed fee. The licensee shall be entitled to institute any legal proceedingsconcerning the licence contract only if it has been recorded in the Register of industrial designs.
CHAPTER   XVIII
INFRINGEMENTS
Article   70
Infringement proceedings
(1) The owner of the registered design shall have the right to institute proceedings in the Court against
any person who has infringed or is  infringing his rights under Article 67 of this Law. The owner shallhave the same rights against any person who has per formed acts or is performing acts which make it
likely that such infri ngement will occur ("imminent  infringement " ).
(2)(a)  If the owner of the registered design proves that an infringement has been committed or is being
committed, the Court shall award compensations. In these compensations will be included the profit ofthe person who has performed the infringement, the damage which has incurred the owner of thedesign except the one is included in the profit of the breaker and the expenses including the law costs.
The Court shall grant an injunction to prevent further infringement and any other remedy provided in
general Law.     (b) If the owner of the registered design proves imminent infringement, the Court shall grant an
injunction to prevent infringement and any other remedy provided in the general law.
CHAPTER    XIX
Renunciation  and  Invalidation
Article   71
Renunciation
(1) The owner of the registered design may renounce it by written declaration submitted to the Patent
Office. The renunciation shall take effect from the date of receipt of the declaration by the Patent Office.In the case of a registration covering several designs, the renunciation may be in respect of all or someof the registered designs.
(2) The Patent Office shall record the renunciation in the Register of industrial designs and publish it.
Article    72
Invalidation
(1) The Court may, on the request of any person, invalidate a registration on the ground that the
registered design is not protectable under Article 59 of this Law.(2) Any invalidated registration shall be considered to be null and void from the date of the registration.
(3)When the decision of the Court to invalidate the registration becomes final  the Court shall notify the
Patent Office of the decision in the Register of industrial designs and publish it.IP/N/1/ALB/I/1
Page 27
PART  III
TRADEMARKS AND SERVICE MARKS
Chapter  XX
CONDITIONS OF PROTECTION AND RIGHT TO PROTECTION
Article  73
The constituent elements of a mark
(1) Any sign or any combination of the signs capable of distinguishing the goods or services of one
natural or legal person from those of another natural or legal person and of being represented
graphically may serve as a mark for goods or a mark for services ( hereinafter referred to as " mark " ).(2) A collective trademark is a trademark registered by an industrial or commercial cooperation, or an
association or the like organisation of several enterprises, and which is used in order to designate the
goods and services of this association. Each enterprises of this association may also simultaneouslyhave its own trademarks. Particular provisions on collective trademarks are prescribed in specificarticles of this Law, but in other cases, the provisions prescribed to trademarks also apply to collective
trademarks.
(3) The following signs may constitute a mark :
    (a) - words, including personal names, letters, numeral, abbreviations ;
         - figurative signs, including devices, shapes of goods or of their
           packaging ;
         - combinations of colours and shades of colours ;         - any combination of the si gns referred to in items (a) to (c) of this
           Article.
(4) Specific types of trademarks, such as, sound and light signals or other signs may be registered, if
they can be graphically represented.
Article  74
Non - registrable marks
(1) A mark shall not be registered as a trademark if:
    (a) it is devoid of distinctive character ;
    (b) it consists exclusively of signs or indications, which may serve  in trade , to designate the kind,
quality, quantity, intended purpose, value , geographical origin, or the time of production of the goods orof rendering the services, or other characteristics of the goods or  services ;    (c) it consists exclusively of signs or indications which have become customary in the current
language or in bona fide  and established practices of the trade;
   (d) it consists of shapes or forms imposed by th e inherent nature of the goods or services or
necessary to obtain a technical result ; (e) signs protected by Copyright if not authorized by the owner thereof.
(2)(a)  The distinctive character of a sign shall be assessed in relation to the goods and services which
the sign is intended to distinguish.    (b) Distinctive character may be acquired by use.IP/N/1/ALB/I/1
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Article   75
Absence of violation of public interests
(1) A sign shall not be protected as a mark or element of a mark if such protection would violate a public
interest.(2) The following, in particular, shall not be protected as a mark or element of a mark :
    (a) - state names ( complete or abbreviated ) ;
         - state emblems ;         - official hallmarks adopted by states ;         - abbreviations and emblems of intergovernmental organizations ;
         - religious symbols ;
    (b) surnames, portraits, pseudonyms of persons well - known by the
         general public if not authorized by the owner thereof or their successors
         in title, except in cases when above-mentioned persons have died more
         than 50 years ago ;    (c) signs that violate the public order or morality ;
    (d) signs liable to mislead the public, particularly as regards the nature, quality or geographical origin
of the goods or services which they intend to distinguish.
(3) The signs referred to in subparagraph (2)(a) of this Article may only be included in a mark as
unprotected elements of the mark, with the permission of the competent authorities.
Article   76
Conflict with earlier rights
(1) A sign shall not be protected as a mark, if its use as a mark would be in conflict with earlier rights.
(2) The following , in particular, shall be considered as an earlier right :
    (a) an identical or similar mark of a third party , in respect of identical or
         similar goods or services, or under the conditions of Article 83 (1)(b),         in respect of goods or services which are neither identical nor similar
         which has an earlier filing date or priority date and which has been
         registered or subsequently will be registered ;
    (b) a well - known mark within the meaning of Article 6bis of the Paris
         Convention for the Protection of Industrial Property, of a third party.
Article    77
Right to protection
(1) The exclusive right to a mark under this law shall be acquired by registration effected by the Patent
Office.(2) The exclusive right to a mark may be acquired under joint ownership.IP/N/1/ALB/I/1
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Chapter   XXI
The procedure for registration
Article   78
The filing date
(1) As the date of filing of the application shall be considered the date when the Patent Office receives
documents which include :    (a) a request to register a trademark ;
    (b) the name and address of the applicant ;
    (c) a representation of the mark ;
    (d) the names of the goods and services for which the registration is sought
         grouped according to the classes of the International Classification of
         Goods and Services and using , wherever possible , terms of the
         Alphabetical List of Goods and Services established in respect of the         said classification ;    (e) a declaration claiming priority , the identification of the Patent Office
         with which the application whose priority is claimed ( "the priority
         application" ) was filed , the filing date of the priority application and ,         if available, the number of the priority application ;    (f) the signature of the applicant ;
    (g) where the application is filed in the Patent Office through a representa-
         tive ( as referred to in Chapter XXVIII ), it shall be accompanied by          the respective authorization.(2) The representation of the application for the registration of a mark and all further concerning
procedures ( the correspondence ) w ill be presented according the prescr ibed manner as defined in the
Regulation of the Patent Office.(3) When applying a collective trademark, one shall submit Regulations on the use of a collective
trademark which have been confirmed by the executive authority. The Regulations shall indicate the
trademark users , the provisions for the use of the trademark and information on the control of the use
of the trademark. The collective trademark owner shall notify the Patent Office of the amendmentswhich are made later in the Regulations.(4) No filing date of the application for registration a trademark shall be accorded until the required fee
is paid.
(5) The priority right will be admitted for the countries party to the Paris Convention for the Protection of
the Industrial Property.
Article    79
Temporary protection of marks exhi bited at international exhibition
(1) The applicant, in order to register a mark, who has exhibited goods bearing the mark or services to
be rendered under the mark, at an official or officially recognized international exhibition, may applies
for registration of that mark within six months from the day on which the goods or services offeredunder the mark were first exhibited in that exhibition. This will be the filing date of the application forregistration a trademark or a service mark.
(2) Evidence of the exhibition of goods bearing the mark or services to be rendered under the mark
shall be given by a certificate issued by the competent authorities of the exhibition, stating the date onwhich the mark was first shown in connection with goods or services included in the exhibition.IP/N/1/ALB/I/1
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Article   80
Division of  initial application
Any application referring to several goods or services can be devided into two or more applications ( the
divisional application ) by distributing among the latter the goods or services referred to in the initialapplication and which are in the same class according to the International Classification of the Goods
and Services. The divisi onal applications shall preserve the fili ng date of the initial application and the
benefit of the right of priority , if any.Any divisional application shall be subject to the payment of the prescribed fee.
Article   81
Examination as to formalities
(1) Within 3 months after the receipt of the application, the Patent Office shall conduct a preliminary
examination of the application, examine the conformity of the application with the requirement of Article78 of this Law and in accordance wi th the set procedure, establish t he filing date of the application and
if the applicant has the right to priority, the filing date of priority.
(2) If the application does not conform the requirement of the  Article 78 of this Law, the Patent Office
shall notify the applicant to correct the nonconformities within 3 months and if the essential deficienciesare not eliminated, the Patent Office shall reject the application and shall notify the applicant of this inwriting.
(3) Within a period of three months from the date of receipt of the rejection , the applicant has the right,
upon payment of fee, to submit a substantiated appeal to the Board of Appeal of the Patent Office.The decision of the Board of Appeal referring this paragraph will be final.(4) If the application conforms to the requirement of Article 78 of this Law , The Patent Office shall send
a written notice to the applicant on the acceptance of the application for examination and shall publish
the mark.
Article   82
 Registration of the mark
(1) The Patent Office shall examine the conformity of the accepted application to the requirements of
Article73  (3)(4) and Article75  (2)(a)(b)(c) of this Law.
(2) In the course of examination, the Patent Office is entitled to request from the applicant additional
materials and documents necessary for examination , thereby indicating the term for their submission.(3) Within a period of 5 months from the filing date, the Patent Office , in accordance with the results of
the examination, shall adopt the decision to register the trademark or to reject the registration thereof
and shall publish the trademark. The applicant shall be notified of the decision in writing and if the
decision is positive, shall be invited to pay a fee for registration and publication of the mark.(4) Within a period of two months after the date of receipt of the registration rejection , the applicant
shall have the right, upon paying the prescribed fee , to file a substantiated appeal with the Board of
Appeal.
(5) The decision of the Board of Appeal concerning the above-mentioned paragraph, may be appealed
in the Court within 6 months.IP/N/1/ALB/I/1
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CHAPTER   XXII
EFFECT OF REGISTRATION OF MARK
Article   83
Rights conferred by registration
(1)(a)  The owner of a registered mark shall have the right to prevent a third party from using , without
his authorization, in the course of trade, as a mark or as a trade name, an identical or similar sign forgoods or services which are identical or similar to those in respect of which the mark is registered ,where such use would result in a likelihood of confusion. Where the use relates to an identical sign for
identical goods or services , the likelihood of confusion shall be assumed.
    (b)  The owner of a registered mark shall have the right to prevent a third party from using, without
authorization, in the course of trade as a mark or as a trade name, an identical or similar sign for goods
or services which are neither identical nor similar to those in respect of which the mark is registered,
where the mark has become highly reputed and the use is detrimental to the distinctive character orrepute of the mark.(2) Notwithstanding paragraph (1) of this Article, the owner of the registered mark shall not have the
right referred to in that paragraph in respect of goods which have been put in the territory of the
Republic of Albania or in any other territory determined in an bilateral or multilateral agreement of theRepublic of Albania, by the owner of registered mark, or with his consent, provided that neither thegoods nor the manner in which the mark is applied to the goods are altered.
(3) The owner of the registered mark shall not have the right to prevent the third party from correct
using  its name, address, pseudonym, or an exact indication concerning the kind, quality, quantity,
destination,  value, place of origin, or time of production or of supply of its goods and services insofar as
such use is confined to the purpose of mere indication and cannot mislead the public as to the source
of goods or services.
(4) Each natural or legal person may own one or more trademarks.
(5) Exclusive rights on a trademark shall be certified with a registration certificate issued by Patent
Office.
Article   84
Changes in names or addresses
Where there is no change in the person of the owner of the registered mark , but there is a change in
his name or address, the request for the recordal of the change by the Patent Office in its register of
marks be made in a communication signed by the owner or his representative and indicating theregistration number of the registration concerned and the change to be recorded.
Article   85
Change in ownership
Where there is a change in the person of the owner the request for the recordal of the change by the
office in its register of marks be made in a communication signed by the owner or his representative or
by the person who acquired the ownership ( the new owner ) or his representative and indicating theregistration number of the registration concerned and the change to be recorded.IP/N/1/ALB/I/1
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Article   86
Term of registration and renewal
(1) The registration of a trademark and service mark is made for 10 years  counted from the filing date.
(2) The application for the renewal of a registration contain the following elements :
    (a) a request for the renewal of the registration ;
    (b)  the name and the address of the owner of the registered mark ;
    (c) the date and the registration number of the registration concerned ;
    (d) the name and the address of the representative, if any ;
    (e) the names of goods and/or services grouped according the International
        Classification of the Goods and Services , for which the renewal of the
        registration is sought ;    (f) the signature of the owner of the registered mark or his representative ,
        if any.
(3) The registration of a mark may be renewed , on payment of the prescribed fee, for additional terms
of 10 years.
CHAPTER   XXIII
LICENSE  CONTRACTS
Article   87
License contract
(1) For the purpose of this Law , " license contract " means any contract by which the owner of the
registered mark ( " the licensor " ) gives to the other party ( " the licensee " ) his agreement for that
other party to perform any of the acts referred to in Article 84 of this Law, in respect of the registered
mark.(2) A license contract shall be made in writing and shall be signed by the parties to the contract,
otherwise it shall not be valid.
(3) The fact that a licence contract has been concluded shall be recorded in the register of marks on
payment of the prescribed fee. The licensee shall be entitled to institute any legal proceedingsconcerning the licence contract, only if it has been recorded in the register of marks.
Article   88
Nullity of licen se contracts
The license contract shall not be valid if it does not provide for an obligation by the licensor to ensure
effective control of the quality of the goods or services of the licensee in connection with which the
registered mark is used.IP/N/1/ALB/I/1
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CHAPTER    XXIV
INFRINGEMENT
Article    89
Infringement proceedings
(1) The owner of the registered mark shall have the right to institute proceedings in the Court against
any person who has infringes or is infringing his rights under the conditions of Article 83 of this Law.The owner shall have the same right against any person who has performed acts or is performing actswhich make it likely that such infringem ent will occur ( " imminent infringement " ).
(2)(a)  If the owner of the registered mark proves that an infringement has been committed or is being
committed, the Court shall award compensation. In these compensations will be included the profit ofthe person who has performed the infringement, the damage which has incurred the owner of the mark
except the one is included in the profit of the breaker and the expenses including the law costs. The
Court shall grant an injunction to prevent further infringement and any other remedy provided in thegeneral law.     (b)  If the owner of the registered mark proves imminent infringement, the Court shall grant an
injunction to prevent further infringement and any other remedy provided in general law.
CHAPTER   XXV
RENUNCIATION. INVALIDATION. REVOCATION.
Article    90
Renunciation
(1) The owner of the registered mark may renounce the registration by written declaration submitted to
the Patent Office. The renunciation shall take effect from the date of receipt the declaration by thePatent Office. The renunciation may be in respect of all or some of the goods or services for which the
mark is registered.
(2) The Patent Office shall record the renunciation in the register of marks and publish it.
Article   91
Invalidation
(1) The Court may, on the request of any person, invalidate a registration on the ground that the
registration does not comply with Article 73  (3), 74, 75  and 76 of this Law.
(2) Any invalidated registration shall be considered to be null and void from the date of the registration.
(3) When the decision of the Court to invalidate the registration becomes final  the Court shall notify the
Patent Office of the decision. The Patent Office shall record the decision in the register of marks andpublish it.
Article   92
Revocation
(1) The registration of a mark may be revoked if the owner of the registered mark has not used it in
connection with the goods or services referred to in the registration during a period of five years, withoutgood reason.IP/N/1/ALB/I/1
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(2) A request to revoke the registration of a mark on the ground of the obove-  mentioned paragraph
may be submitted in the Court by any interested party. The Court shall inform the Patent Office of its
decision within 1 month from the date the decision is adopted.
(3) A registration may not be revoked on the ground of paragraph (1) of this Article, in the case of any of
the following uses of the registered mark in connection with the goods or services referred to in theregistration :
    (a) use made under a licence contract recorded in the register of marks ;
    (b) use of the mark in a modified form which does not alter its distinctive character ;
    (c) use of the marks in publicity and business correspondence.
(4) Any revoked registration shall cease to have effect on the date which the revocation becomes
effective.
(5) The Patent Office shall record the revocation in the register of marks and publish the revocation of
the mark and any other alteration made on the ground of this Article.
CHAPTER    XXVI
APPELLATION  OF  ORIGIN
Article   93
Appellation of origin
(1) The appellation of origin is used to mark the natural, agricultural products, the industrial and
handicrafts products.(2) The appellations of origin protect :
            (a) geographical names of products, whose distinctive properties are
                 mainly due to the location or region where they are produced , if such properties are a
natural consequence of either the climate or                  soil or of established manufacturing proceduresor processes;          (b) the name of a product which has become ganerally known through long term use in the
course of trade as an indication that the
                 product originates from a certain location or region.(3) Geographical names which have become generally known through long - term use in the course of
trade as designations for certain kinds of products may not be protected by appellations of origin.
(4) The Patent Office shall grant the right to use the appellation of origin after obtaining of the expert
opinion of the competent autorities, which must include :         (a) products which may be marked under that appellation of origin ;
         (b)  locations or regions in which products marked under the appellation
              of origin originate ;
         (c) production requirement s a product must fulfill in order to be marked
              under the appellation of origin ;         (d) the required marking of products and further detailed requirements
              for grant of the right to use the appellations of origin.
(5) An appellation of origin shall be established :
         (a) by entering the geographical name and kind of product to which the
              name relates in the register of appellations of origin ;
         (b) on behalf of a foreign person, on the basis of an international
              agreement on reciprocal protection of appellation of origin              concluded by the Republic of Albania.IP/N/1/ALB/I/1
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(6) An appellation of origin is a collective right and may be used as such only by those who produce or
market the product for which an appellation of origin has been established.
PART    IV
MISCELLANEOUS
CHAPTER  XXVII
PATENT  OFFICE
Article  94
Patent  Office
(1) The Patent Office of the Republic of Albania shall be a legal person under the dependence of the
Committee for Science and Technology of the Republic  of Albania.The tasks of the Patent Office shall
be determined and regulated by this Law and the Regulations thereunder.The Chairman of theCommittee for Science and Technology shall appoint the Director of the Patent Office, establish the
structure of the Patent Office and adopt its Regulation.  The Patent Office shall have an own seal,
which shall be used for sealing patents and certificates for the registration of trademarks, industrialdesigns, as well as other Patent Office documents.
Article  95
Restrictions on Patent Office employees
(1) While fulfilling their duties in the Patent Office, as well as within one year after termination of their
labour relations with the Patent Office, the officials and employees of the Patent Office may not file
applications for patents,  trademarks and industrial designs. They may not, directly or indirectly (exceptthrough inheritance), acquire patents, trademarks and industrial designs, respectively granted orregistered by the Patent Office, as well as acquire any rights arising from a patent, trademark and
industrial design.
(2) With regard to patents, trademarks and industrial designs, respectively granted or registered, or, to
applications for patents, trademarks and industrial designs to be filed, the employees of the PatentOffice shall not enjoy the right of priority relating to patents, trademarks and industrial designs or
applications dated earlier than one year after they have terminated their employment with the Patent
Office.
Article  96
Patent Office Director
(1) The Director of Patent Office shall supervise all activities and fulfil the obligations laid down in this
Law and in the Regulation of the Patent Office.
(3) Within the framework of this Law, the Director shall, without any specific authorization, represent the
Patent Office in court, arbitrage, State institutions, as well as in relations with natural persons and legalentities.IP/N/1/ALB/I/1
Page 36
Article  97
Board of Appeal
A Board of Appeal shall be established for the review of the disputes relating to patents, trademarks
and industrial designs within the structure of the Patent Office, which shall act in accordance withregulations adopted by the Committee for Science and Technology  and Ministry of Justice.
CHAPTER  XXVIII
REPRESENTATION
Article  98
Representation before the Patent Office
(1)(a) Where the applicant appoints (authorizes) a representative relating to his application, the
appointment shall be expressed either in the application or in a written declaration signed by theapplicant, which is to be filed with the Patent Office, indicating  and the number of application.
    (b) Where the owner of a patent, trademark or industrial design appoints a representative relating to
his patent or registration, the appointment shall be expressed in a written declaration (authorization)signed by the owner of the patent, trademark or industrial design, indicating and the number ofapplication.
(2)(a) The applicant or the owner of the protected industrial property right may limit the powers of a
representative to certain acts.    (b) Where a limitation is made subsequently to the appointment, it shall be made in a communication
signed by the applicant or the owner of the protected industrially property right.This limitation shall have
effect upon receipt by the Patent Office of that communication.
(3) Natural or legal persons not having either a residence or their principal place of business within the
Republic of Albania shall be represented by a patent attorney and shall act through him in allproceedings before the Patent Office.
(4)(a) Natural persons having their residence or principal place of business within the Republic of
Albania may be represented in proceedings before the Patent Office directly or by a patent attorney.     (b) Legal persons having their residence or principal place of business within the Republic of Albania
may be represented in proceedings before the Patent Office by an authorized employee  who need not
to be a patent  attorney.
Article  99
Patent  attorneys
(1) Professional representation in proceedings before the Patent Office may only be undertaken by
patent attorneys entered on the Register of patent attorneys.(2) Natural or legal persons who fulfil all the conditions laid down in the Regulations, shall be eligible for
entering on the Register of patent attorneys.
(3) Any patent attorney entered on the Register may request that he be deleted from the Register.
(4) The Register of  patent attorneys shall be kept in the Patent Office and shall be accessible to any
person.The Patent Office shall regularly publish a list of patent attorneys.IP/N/1/ALB/I/1
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CHAPTER  XXIX
INTERNATIONAL  AGREEMENTS
Article  100
Priority of international agreements
If an international agreement to which the Republic of Albania is a party provides rights other than, or
different from, those laid down by this Law, the provisions of the international agreement shall beapplicable.
CHAPTER  XXX
OFFENSES
Article  101
Offenses
(1) Any natural or legal person  who performs an act which he knows constitutes an infringement of the
patent, mark or design shall commit an offense and shall be punishable from the Court by a finebetween 20 000 and 100 000 "Lek " (Albanian currency) .
(2) The proceedings may not be instituted after 5 years from the commission of the offense.
(3)(a) In the event of repetition  the maximum penalties shall be doubled.
     (b) Repetition shall be deemed to have occurred  when, within preceding 5 years, the offender has
been convicted of another infringement as referred to in paragraoh (1).
CHAPTER   XXXI
FINAL  PROVISIONS
Article  102
Rules
The Chairman of the Committee for Science and Technology shall be competent to adopt and amend
Regulations, not inconsistent with this Law, prescribing all matters which by this Law are required or
permitted to be prescribed, or which are necessary or desirable to be prescribed for carrying out orgiving effect to this Law, or for the conduct of any business relating to the Patent Office.
Article  103
Transitional  provisions
Any application filed with the Patent Office before the date on which this Law comes into force shall be
treated in accordance with  the provisions of this Law.
Article  104
Annulments
(1) On the date when this Law comes into force the following shall be repealed :IP/N/1/ALB/I/1
Page 38
    - The "Decree on Marks in production and Trademarks" No.2490, on 22.07.1957, changed by the
decrees No.3530, on 02.07.1962 and No.4253, on 11.04.1967 ("The right to inventions and
rationalizations");
    - The Articles 329  to 335 of the Civil Code, adopted by the Law No.6340, on 26.06.1981 and Law
333 (a) adopted by the Decree No.7316, and all other legal provisions which are contrary to this Law.(2) All the rights on the legal protection of the industrial property, which are required  or accepted to the
Bureau of Patents and Marks of the Chamber  of Commerce, shall be valid yeaned in the Republic of
Albania up their expiration.(3) On the date when this Law comes into force, all the activities of the Chamber of Commerce relating
to legal protection of industrial property shall be administered in the competence of the Patent Office.
Article  105
Entry into force
This Law shall enter into force on the fifteenth day following its publication in the Official Gazette of the
Republic of Albania, except for the provisions of Chapter X, which shall enter into force on the day ofaccedding the Republic of Albania to PCT.    IP/N/1/ALB/I/1
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REPUBLIC OF ALBANIA
PARLIAMENT
LAW
No. 8477     Date April 22, 199
“Some changes and Supplemen ts on the law No. 7819, 27.04.1994,
of Industrial Property”
In compliance to the articles 78 and 83/1 of the Constitution, upon the proposal of the
Council of Ministers,
The Parliament of th e Republic of Albania
DECIDED
In the law No. 7819, dt. 27.04. 1994,will be ma de some changes and supplements:
Article 1
Paragraph 4 of article 81 will be changed as follows:
If the application conforms to the requirement of Article 78 of this Law, the Patent
Office shall send a written notice to the applicant on the acceptance of the application forexamination.
Article 2
In article 82 are made these changes and supplements:
Paragraph 3 is changed as follows:
Within a period of 5 months after th e application has been accepted for  examination,
the Patent Office, in accordance with the resu lts of the examination, shall adopt the decision
to register the trademark or to reject the registration thereof and shall publish the trademark.The applicant shall be notified of the decision in writing and, if the decision is positive, shall
be invited to pay a fee for regist ration and publication of the mark.
Article 3
After paragraph 5, the paragraph 6 is added with these content:
If the applicant has paid the fee, as soon as possible after the adoption of a favorable
decision resulting from the examination, the Patent Office shall register the Trademark in the
Register of Trademark and publish the mark in the trademark gazette, as well as issue anestablish form of a certificate of the registration of the Trademark to the applicant.IP/N/1/ALB/I/1
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Article 4
After the article 82, ar ticle 82/1 is added:
(1) The opposition in written form shall be  filed with the Board of Appeal.
(2) The Board of Appeal shall inform the applicant of the opposition and
determine a period for submitting a reply.
(3) In accordance with the results of reviewing the opposition, the Board of Appeal
shall adopt the decision of the full or partial satisfaction of the oppositi on or on its rejection.
Article 5
After the article 82/1, article 82/2 is added:
(1) The opposition submitted in accordance with the provisions of Article 73(3)(4)
and Article 75(a)(b)(c) of this Law shall be examined by the Board of Appeal.
(2) The opposition shall be reviewed within three months from the date of receipt of
the applicant's reply.
(3) The appellant or his authorized representative shall be invited to take part in
the.proceeding of the Board of Appeal. Where oppositions are examined, both interested
parties shall have the right to participate in the proceedings, to submit necessary materialsand to provide oral explanations . The decision shall be made in the absence of the interested
parties and they shall be notified of the decision within one month in writing.
(4) The decision of the Board of Appeal on the conformity of the application with the
requirements of Articles 73(3)(4) of this Law shall be final. The applicant may, within sixmonths from the date of decisions, appeal agai nst other decision of the Board of Appeal to
the Court.
Article 6
After the article 82/2, article 82/3 is added:
The holder of a mark shall notify the Patent Office for the following changes :
(1)  Change in the name or address of the holder
(2)  Change in the name or address of the representative
(3)  Limitation of the list of goods or services
(4)  Change in whole or in part in the ownership of the registration.
The Directorate of Patents and Trademar ks shall, upon payment of the fee and upon
submission of any evidence it may require , enter the changes in the Register of Trademarksand also in the registration  certificate
Article 7
Ater the paragraph 5 of article 83, paragraph 6 is added:
The holder of a trademark which is consid ered to be well-known in the Republic of
Albania, even it is not registred under this Law, shall have the right to prevent third partiesfrom using in commerce without his authoriza tion, any sign which constitutes a reproduction,
an imitation or a translation of the trademar k. The concept of a well-known trademark shall
be established by the Patent OfficeIP/N/1/ALB/I/1
Page 41
Article 8
The paragraph 1 of article 86 is changed as follows:
The registration of a trademark and service mark is made for ten years counted from
the filing date. If the registration is not rene wed in due time, the Patent Office shall, upon the
owner's request and the payment of an extra fee,  allocate an additional  six months period  for
the renewal of the registration
Article 9
In the chapter XXIII, “Licensing contracts”, the title will be changed in “Transfer and
Licensing of marks”
Article 10
After the article 88, ar ticle 88/1 is added:
Transfer of rights
(1) The rights in a mark may be transferred with  or without a transfer of the business of the
assignor.
(2)  The transfer of a mark may cover one, severa l or all the goods or services to which it is
applied.(3) The transfer of a mark shall have no effect if the transfer has not been recorded in theRegister of Trademarks
Article 11
In article 89 paragraph 3 is added:
In addition to the measures specified in paragraph 2(a) of this Article, the Court may
re-establish the situation that existed before the infringement and to stop infringing actions, toproceed with an effective seizure of the goods  and, when necessary, to destroy illegally used
marks, tools that could be used to manufac ture the goods and the goods themselves in
absence of possibility to remove any illegally mark from such goods.
Article 12
In article 92, the paragraph 1 is changed:
The registration of a mark may be revoked if the owner of the registered mark has not
used it in connection with the goods or services  referred to in the registration during a period
of three  years, without good reason.IP/N/1/ALB/I/1
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Article 13
In article 93, paragraph 7 is added:
Persons not authorized to use an appellati on of origin may not use such appellation
even they add the words “type”, “style”, “fashion”, “produced as” or similar words
Article 14
In article 93, paragraph 8 is added:
The protection of the appellati on of origin shall be applicable against a geographical
indication which, although literally true as to the territory, region or locality in which the
goods originate, falsely represents to the public  that the goods originate in another territory.
Article 15
Article 94 will be changed as follows:
“ Directorate of Patents and Trademarks”
Directorate of Patents and Trademarks is  a central and public institution under the
supervision of Council of Minist ers and is leaded by Director General who represent the
Directorate to the Court and other public intitutions.The Primeminister shall establish the structure of the Directorate of Patents and Trademarks.The Director General shall be appoi nted by the Council of Ministers.
The Directorate of Patents and Trademarks sh all have own seal whic h shall be used for
sealing patents and certificates of trademarks , industrial designs, appellations of origin, as
well as other documents.
Article 16
After article 93, artic le 93/1 is added:
Any person who has registered an appellation of origin and/or whose name is entered
as a user of the appellation of origin  shall be entitled to use  it for the designation of thegoods covered by its registration  or to use it in advertising or on busin ess papers. He shall be
entitled to prohibit the use of the appellation of origin by third persons not entered as itsusers.
Article 17
Article 97 will be changed as follows:
A Board of Appeal shall be established fo r the review of the disputes relating to
patents, trademarks, industrial de signs and appellations of origin within the structure of the
Directorate of Patents and Trademarks which shall act in accordance with the law.IP/N/1/ALB/I/1
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Article 18
In article 100, a paragraph is added:
Nationals of non-Member c ountries domiciled or that have real and effective
industrial or commercial establishments in a Member country  shall be treate d as nationals of
a Member country.
Article 19
In article 101, paragraph 4 is added:
The judicial authorities shall have the authority to order prompt and effective
provisional measures :
a)  to prevent an infringement of any intellectual property right from occurring, and in
particular to prevent the entry into channels  of commerce in their jurisdiction  of goods,
including  imported goods immedi ately after customs clearance;
b)  to preserve relevant evidence in regard to the alleged infringement.
Article 20
Patents applied for in the various countries of th e Paris Union by nationals of countries of the
Union shall be independent of patents obtained for the same invention in other countries,
whether members of the Union or not.
Article 21
Temporary protection of patentable inventions and utility models exhibited at official or
officially recognized international exhibitions
1. The applicant for registration a patentab le invention who has exhibited a product or
products incorporating the invention at an offi cial or officially recognized international
exhibition and who apply for the registration of that invention within one year from the day
on which the product or products incorporating the invention were first exhibited in the
exhibition shall on his request be deemed to  have applied for registration on that day.
2.  Evidence of the exhibition of products incor porating the invention shall be given by a
certificate issued by the competent authorities of the exhibition, stating the date on which
the invention was first shown in connecti on with products included in the exhibition.
Article 22
Article 39 is changed as follows:
General provisions on Compulsory Licenses
1. An applicant for a compulsory license shall be  required to prove that the requirements for a
compulsory license have been complied with, and further thata. the patentee was unwilling to grant a vol untary license to exploit the patent under
appropriate conditions and within a reasonable period of time;b. he is able to exploit the i nvention to the required extent.IP/N/1/ALB/I/1
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2. The scope and duration of a compulsory license  shall be established by the court, taking
into account the purpose of the exploitation authorized by the compulsory license; a
compulsory license may be granted with  or without limitation. Unless relinquished or
cancelled, a compulsory license shall have effect until expiration of the term of validity fixedby the court or until the lapse of patent prot ection. Compulsory licenses shall be recorded in
the Patent Register.3. The patentee shall receive adequate compensation for the compulsory license, which shall
be fixed, failing agreement between the parties, by the court. The compensation shall takeinto adequate account the economic value of th e compulsory license. In particular, it shall be
commensurate with the royalty the holder of th e compulsory license would have paid on the
basis of an exploitation contr act concluded with patentee, ta king into account the licensing
conditions in the technical  field of the invention.
4. The holder of a compulsory license shall have the same rights as the patentee in regard to
the maintenance of the patent and exerci se of the rights deriving from protection.
5. A compulsory license may not be assigned or transferred to any other person. Compulsory
licenses are non-exclusive and non-transferable, ev en in the form of sub-license, except with
that part of the enterprise or goodwill whic h exploits such license. The holder of the
compulsory license may not grant a license of exploitation.6. The holder of a compulsory license may reli nquish his compulsory license at any time. If
the holder does not begin exploitation within one year from the definitive grant of thecompulsory license, the patentee may claim m odification or cancellation of the compulsory
license.7. The patentee may request modification or ca ncellation of a compulsory license if the
circumstances on which it was based cease to exist and are unlikely to occur again.Modification or cancellation shall take a form that does not prejudice the legitimate interestsof the holder of the compulsory license.
Article 23
This law shall enter into force on the fiteenth day following its publication in the Official
Gazette of the Republic of Albania.
                                                                                                           Chairman                                                                                            Skender Gjinushi
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