• Protection of intellectual property rights in Albania & Trademarks in Albania


Protection of intellectual property rights in Albania & Trademarks in Albania

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Protection of intellectual property rights in Albania. Protection of Trademarks in Albania.

The major Albanian legislative acts governing copyright and intellectual property are the Law on Industrial Property, No. 9947 dated 7 July 2008, and the Law on Copyright and Related Rights, No. 9380, dated 28 April 2005 (amended).
The Law on Copyright and Related Rights governs the rights and obligations of participants in the creative, productive and commercial activities and any other evaluation, utilization, exercise, literature, art or science activity. This law is applicable to local and foreign natural persons and legal entities performing commercial, creative, productive or estimating works, exercise or a variation of artistic or scientific functions on Albanian territory. Subject to this law are original works and derived works and collections. The law includes the specific cases when its provisions are applicable to works, entertainment or performances of artists’ players, sounds registration, radio or television programs.

The author of a work is the owner of the moral and economic rights to their work.
The moral rights are not subject to waiver. Further, these rights cannot be assigned and prescribed. According to the Albanian Civil Code, the moral rights may be assigned through inheritance after the author has passed away. Economic rights can be assigned according to the provision of this law and other legislative acts in force. In such a case, the related copyright rights do not affect the author’s rights. The economic right may be assigned exclusively or non-exclusively. The law provides that every agreement for the exclusive assignment of economic rights must be registered and certified by the Albanian Copyright Office (ACO).

Copyright on literary or artistic works is prolonged throughout the author’s lifetime and 70 years after they have passed away, regardless of the date when the work was legally published. In case of co-authors’ works, the copyright duration as described above starts from the date of the last co-author’s death. Copyrights for anonymous works or names of artworks extend for 70 years starting from the date of legal publication.
When a work is published in parts, episodes or volumes, the copyright extends from the day of legal publication and to this term added is the calculated time for each part of work published separately. The copyright cannot be protected when the works are not published within 70 years from their creation date or when their duration is not calculated from an Author’s or authors’ death(s). The copyright authors exercise individually or collectively the rights under this law may be protected by the title-holders themselves, their representatives or by a Collective Administration Agency selected by their free will.

Collective Administration Agencies (CAAs) are legal entities, established as not-for-profit organizations and licensed by the Ministry of Culture, Youth and Sports upon the proposal of the Albanian Copyright Office. These entities operate within the right given by the authors or title-holders in accordance with this law and other legislative acts in force. The object of their activity is the collection of income from the utilization of the works and their distribution to the title-holders of copyright and related rights who have assigned the administration of these rights to an agency. These agencies report to the Albanian Copyright Office in relation to the applicable tariffs within the first quarter of the following year. The Albanian Copyright Office is a central institution, a public legal entity depending on the Ministry of Culture,Youth and Sports established in compliance with the law within Albanian territory.
The Law on Industrial Property, No. 9947 dated 7 July 2008, entered into force on 1 November 2008. This Law governs the acquisition of industrial property rights and protects copyrights, patents, trademarks, stamps, marks of origin, industrial designs and geographical indications. This law is applicable to the industrial, commercial and agricultural fields and to the development of all natural and manufactured products. The provisions of the law are equally applicable to foreign persons or legal entities that are resident of member countries of:
a) international treaties and conventions where Albania is a member
b) countries which are members of the World Trade Organization, or
c) countries where the mutual or regional reciprocity principle with the Republic of Albania is applicable.
Pursuant to this law, inventions and the use of a model are protected by patents issued by the Patent Office. Industrial designs, trademarks, services and origin marks are protected through registration with the General Directorate of Patents and Marks (GDPM). The GDPM has the authority to keep and administer the registers for:
a) applications for the registration of marks, industrial designs, geographical indications and applications for granting the patents and registration of integrated circuits
b) patents, integrated circuits, marks, industrial designs, registered geographical indications
c) authorized representatives for the patents, marks, industrial designs and geographical indications.

These registers are available for public inspection. Any data related to the protected industrial property rights or applications for their protection are published periodically in the GDPM bulletin not less than four times a year. The public may ask for further information regarding the industrial property in view of the respective tariffs and in accordance with provisions of the Law.

All the contracts related to the request for a patent or the patent property must be in writing and signed by the contracting parties. Any changes made on the request for a patent or patent property must be registered with the Patents Register. Only upon their registration does a patent title-holder become entitled to claims with regard to the patent. The patents are registered upon issuance date order.
This law provides for specific conditions and requirements regarding the application for registration, publication of applications, registration, rights deriving from the registration of patents, industrial designs, marks and geographical indications. Furthermore, this law lays down specific provisions related to limitation and termination of the rights, refusal, waiver, appeals against the decision for refusal of registration and court procedures related to patents, industrial designs, marks and geographical indications.
The law specifically sets out the international mandatory requirements according to the Collaboration Tractate in Patents field. As per this Law, the protection of inventions may be ensured through a request for a European patent effects and European patents in conformity with the regulation under the agreement between the Republic of Albania and the European Patents Organization.

Furthermore, in 2000, Albania ratified the Marrakesh Agreement and became signatory to the World Trade Organization’s Trade Related Intellectual Property Rights (TRIPS) agreement. In addition, Albania has signed the Convention of the Multilateral Investment Guarantee Agency (MIGA). MIGA provides investment guarantees against certain non- commercial risks (i.e. political risk insurance) to eligible foreign investors for qualified investments in developing member countries. Along with the MIGA Convention, Albania has signed the New York Convention of 1958 (on the recognition and enforcement of foreign arbitral awards) and the Geneva Convention on Execution of Foreign Arbitral Awards.
The Overseas Private Investment Corporation (OPIC), a US-government sponsored entity, can make available insurance and project finance resources to US investors in Albania. OPIC’s three main activities are risk insurance, project finance and investment funds.

Copyright LPA Law Firm Albania

Tue Jul 21 01:50:11 CEST 2015

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