WORLD TRADE
ORGANIZATIONIP/N/1/ALB/1
30 October 2002
(02-5977)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
ALBANIA
By means of communications from its Permanent Mission dated 26 and 27 March 2001,
15 June 2001 and 5 October 2002, the following notification has been received from Albania under
Article 63.2 of the Agreement.
_______________
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the procedures set forth in the Council for Trade-Related Aspects of Intellectual
Property Rights, the Government of the Republic of  Albania hereby notifies to the Council its laws
and regulations relating to the fields covered by the Agreement, as follows:
- The "main laws and regulations" are listed in Annex I.- "Other laws and regulations" are listed in Annex II.
- Conventions and treaties Albania has adhered to or the adherence to which has
already been approved by Parliament are listed in Annex III.
- Answers to the Checklist of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/ALB/1.IP/N/1/ALB/1
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
- Law N° 7564 on Copyright, dated 19 May 1992, as amended by Law N° 7923 on Some
Changes in Law N° 7564 on Copyright of 19 May 1992,  dated 19 April 1995. 2
- Law N° 8594 on Some Supplements and Changes in the law N° 7564 on Copyright dated
19 May 1992 2
Dated 6 April 2000.
- Law N° 8630 on One Change in Law N° 7564 on Copyright dated 19 May 1992 changed by
Law N° 7923 dated 19 April 1995 and Law N° 8594 dated 6 April 2000 2
Dated 3 July 2000.
- Law Nº 8826 on Some Supplements to Law Nº 7564, dated 19 May 1992, as amended 3
Dated 5 November 2001.
- Law N° 7819 on Industrial Property 4
Dated 27 April 1994.
- Law N° 8477 on Some changes and Supplements in Law N° 7819 for Industrial Property
dated 27 April 1994 4
Dated 22 April 1999.
- Law N° 8488 on the Protection of Topographies of Integrated Circuits 5
Dated 13 May 1999.
- Law N° 8044 on Competition 6
Dated 7 December 1995.
- Title 9, Points 118-119, of the Implementing Provisions of the Customs Code 7
(Decision of the Council of Ministers N° 205, dated 13 April 1999).
                                                     
2 See document IP/N/1/ALB/C/1.
3 See document IP/N/1/ALB/C/1/Add.1.
4 See document IP/N/1/ALB/I/1.
5 See document IP/N/1/ALB/L/1.
6 See document IP/N/1/ALB/U/1.
7 See document IP/N/1/ALB/E/1.IP/N/1/ALB/1
Page 3
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright
Decision of the Council of Ministers No. 309 on
the Tariffs of Users of Artistic Property.
Dated 13 June 2000.Introduces tariffs for the users of artistic property
that have contracted with agencies of authors.
Instructions of the Minister of Finances and the
Minister of Culture, Youth and Sports N° 3 dated
22 February 2001 on the application of the Law
on Copyright and its Amendments and the
Decision of the Council of Ministers N° 309dated 13 June 2000 on the Tariffs of Users of
Artistic Property.Give some instructions to different organisms of
these Ministries for the implementation of the
Law on Copyright with respect to the users of
intellectual property.
Industrial property
Decision of the Council of Ministers N° 313 on
the Operation of the Albanian Patent and
Trademark Office.
Dated 13 June 2000.The Albanian Patent and Trademark Office
becomes a public and central institution in direct
dependency of the Council of Ministers.
Decision of the Council of Ministers N° 568 on
Some Changes of the Decision of the Council of
Ministers N° 379 dated 15 August 1994 on
Tariffs Related to objects of Industrial Property.
Dated 23 October 1995.This decision lays down the amounts, terms and
procedure to pay fees for registration oftrademarks and service marks.
Law N° 8116, Code of Civil Procedure.
Dated 29 March 1996.According to Article 848 of the Code, disputes
which result from patents, trade and service
marks, industrial designs, models and any other
rights resulting from industrial property, are tried
by the section of trade disputes in the court of the
district of Tirana.IP/N/1/ALB/1
Page 4
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Trademarks
Regulations to Complete, File, Review and
Renew Applications for Registration of
Trademarks and Service Marks, Assignment of
Rights Licensing and Modifications Connected
with Registration.
Dated 4 October 1994.These regulations list the requirements used in
respect of applications for registration of
trademarks in terms of their completion,
presentations and review, as well as theexamination tests for trademarks, terms and
registration procedure for trademarks.
Geographical indications
Regulations to Complete, File, Review
Applications for Registration of Appellation of
Origin, Assignment of Ri ghts to Use Registered
Appellations of Origin of Goods.
Dated 5 December 1994.These regulations list the requirements used in
respect of applications for registration of
application for appellations of origin in terms of
their completion, presentation and review, as well
as the examination and registration procedure forappellations of origin and assignment of rights to
use the registered appellations of origin of goods.
Industrial designs
Regulations to Complete, File, Review and
Renew Applications for Registration of Industrial
Designs, Assignment of Rights Licensing and
Modifications Connected to Registration.
Dated 8 December 1994.These regulations lay down the procedure used in
respect of applications for registration of
industrial designs in terms of their completion,
presentations and review, as well as theexamination texts for industrial designs, terms
and registration procedure for industrial designs.
Patents
Regulations to Complete, File and Review
Applications for Preliminary Patents and Patens
of Inventions.
Dated 8 December 1994.These rules meticulously regulate the procedure
to receive, file and grant preliminary patents and
patents of inventions.
Regulations to Complete, File and Review
Applications for Issuing of Certificates for Utility
Models.
Dated 8 December 1994.These rules relate to the procedure to obtain
certificates for utility models by applicants.IP/N/1/ALB/1
Page 5
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Plant variety rights
Decision of the Council of Ministers N° 72 on the
Approval of the Regulations Concerning  the
Protection of Plant Varieties.
Dated 15 February 2001.
Layout-designs on integrated circuits
Regulations to Complete, File and Review
Applications for Registrations of Integrated
Circuits.Under preparation.
These rules will regulate the completion
submission and review of applications for
registration of integrated circuits.
Protection of undisclosed information
Law N° 8044 on Competition.
Dated 7 December 1995.This law protects business secrets and prohibits
disclosing business or operative secrets of
competitors in an illegal manner or encouraging
the competitors’ employees to do so.  In manyarticles of this law the prohibition of unfair
competition is underlined.
Law N° 8192 on the Protection of the Consumer.
Dated 6 February 1997.Some articles of this law deal with the prohibition
of unfair competition.
Law N° 7941 on Food.
Dated 31 May 1995.Some articles of this law deal with the prohibition
of unfair competition.
Law N° 7850, Civil Code.
Dated 29 July 1994.Articles 617 and 635-639 deal with false
declaration and unfair competition.
Law N° 8116, Code of Civil Procedure.
Dated 29 March 1996.Article 173 of the Code underlines that, when it is
necessary to mention trade, invention secrets, the
publication of which would affect interestprotected by law, a session behind closed doors is
allowed.IP/N/1/ALB/1
Page 6
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Regulation N° 393 on the Registration of Drugs
in the Republic of Albania.
Dated 20 January 1998.
And Its Supplement dated 8 June 1999.This regulation provides the procedure
concerning data submitted to obtain marketing
approval of pharmaceutical and, in its supplementdated 8 June 1999, it is underlined that this
information is protected.
Regulation N° 2976 of the Commission of the
Verification of Manufacturing Conditions of
Pharmaceuticals.
Dated 14 July 1998.In Point 12 of the Regulation of the Commission
it is stipulated:  “After the verification by the
Commission, the documentation which isconfidential, is deposited in the National Centre
of Drugs Control together with a copy of the
authorisation”.
Civil judicial procedures and remedies
Law N° 8116, Code of Civil Procedure.
Dated 29 March 1996.There are in this Code provisions of a generic
nature especially in Parts I and II which are used
in relation with intellectual property rights too.
Law N° 7905, Code of Criminal Procedure.
Dated 21 March 1995.The Code of Criminal Procedures foresees,
among others, the seizure of the objects found
during the inspection of someone who is hiding
real evidence of criminal offence (article 207).
Provisional judicial measures
Law N° 7819 on Industrial Property.
Dated 27 April 1994.Different articles of this law deal with imminent
infringements on patents, trademarks, etc.  Courtsare authorised to grant an injunction to prevent
infringement and any other remedy provided in
law.IP/N/1/ALB/1
Page 7
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law N° 8116, Code of Civil Procedure.
Dated 29 March 1996.In article 170 of the Code, seventh paragraph, it is
stated that “as preliminary actions the judgedecides, according to the case, the provision of
the seizure of the goods or other provisional
relief”.
Article 21 of the same Code states that when the
law allows and the circumstances of the case
dictate the taking of a judicial decision,
independently from the knowledge of one party,the latter has the right to appeal in a judicial way
against the decision made.
Law N° 7905, Code of Criminal Procedure.
Dated 21 March 1995.Article 274 states that, when there is a danger that
free possession of an object related to the
criminal offence may aggravate of prolong its
consequences or facilitate the commission ofother criminal offences the competent court, on
demand of the prosecutor, orders its attachment
by reasoned decision.
Special requirements related to border
measures
Law N° 8449, Customs Code.
Dated 27 January 1999.In article 82.4 of this Code it is stated that the
customs authorities, upon request of the holder ofa trademark or patent of production or other
neighbouring rights specified in the
Implementing Provisions of this Code, may
prohibit their release in free circulation, the
exportation, the re-exportation and their placingunder the suspensive procedure of the goods that
are recognised to be counterfeited or pirated
goods, according to the procedure provided for in
the Implementing Provisions of this Code.}
Decision of the Council of Ministers N° 205,
Implementing Provisions of the Customs Code.
Dated 13 April 1999.Title 9, Points 118-120, deals with the procedures
undertaken by the Customs when an application
has been lodged by a holder of the right.IP/N/1/ALB/1
Page 8
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law N° 7895, Criminal Code.
Dated 27 January 1995.According to articles 147-149 of this Code, steal
of property through fraud, publication, partial ortotal use in his own name, total or partial
reproduction of a work belonging to another
constitute criminal contravention and are
punishable by fine or imprisonment.
Law N° 8733 on Some Supplements and
Modifications to Law N° 7895, Criminal Code.
Dated 24 January 2001.IP/N/1/ALB/1
Page 9
ANNEX III
CONVENTIONS AND TREATIES ON INTELLECTUAL PROPERTY RIGHTS ALBANIA
HAS ADHERED TO OR IS IN THE PROCESS OF ACCESSION
- Convention Establishing the World Intellectual Property Organisation.
Member since 30 June 1992.
- Berne Convention for the Protection of Literary and Artistic Works.
Member since 6 March 1994.
- Paris Convention for the Protection of Industrial Property.
Member since 4 October 1995.
- Patent Cooperation Treaty.
Member since 1995.
- International Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organisations.
Member since 1 September 2000.
- Convention for the Protection of the Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms.
Law N° 8585, dated 15 March 2000.
- WIPO Performers and Phonograms Treaty.
Law N° 8740, dated 16 February 2001.
- WIPO Copyright Treaty.
Law Nº 8838, dated 22 November 2001.
- Agreement between the Republic of Albania and the European Patent Organisation
on the Cooperation in the Field of Patents.1995.
__________