Industrial Property in Albania

On July 30, 1999, there came into force Law No. 8477 "On Industrial Property", dated April 22, 1999. In the following, please be informed about the most important changes: Opposition Proceedings The new Law provides for an opposition against the registration of a trademark. However, the opposition can be based only on the grounds of non-capability to function as a trademark or conflict with public interest. It is still not possible to file an opposition with the Patent and Trademark Office on the basis of earlier rights. As far as earlier rights are concerned a cancellation action is to be filed with the Court. Changes in Trademarks The trademark owner has to notify the Patent Office about changes in the owner's name and address, assignments and limitations of the list of goods and services. The respective changes will be entered in the Trade Mark Register. Well-Known Trademarks There has been introduced protection of well-known trademarks. "Well-known" here means "well-known in the Republic of Albania". The owner of such a mark has the right to prevent a third party from using the trademark even if said well-known trademark is not registered. This means, owners of well-known unregistered trademarks have the same rights as the owners of registered trademarks. Trademark assignment and licensing Trademark rights can be assigned with or without the transfer of the Assignor's business. Assignments can also cover only one or several goods or services. The assignment is valid only if recorded in the Trademark Register. Use-requirements The grace period for use is reduced to 3 years instead of 5. Infringements The court has now the right to re-establish after infringement and prevent infringement actions with effective measures related to goods and, when necessary, shall destroy trademarks illegally used. Appellations of Origin There is introduced protection of appellations of origin. Measures for Protection of Industrial Property Rights The judicial authorities may, at the request of the owner of the industrial property right or his representative, seize goods where the industrial property rights are incorporated or other means for the production of these goods.

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