In Article 73 of the SAA, Albania commits itself within four years taken all measures to ensure a level of protection of intellectual property rights similar to that of European countries.
National Intellectual Property Strategy for 2010-2015, pursuant to commitments made in Article 73 of the Stabilization and Association Agreement, establishes full harmonization of legislation in the field of Industrial Property with the acquis communautaire as one of the key strategic objectives in the field of Industrial Property.
Deadline specified in the National Intellectual Property Strategy 2010-2015, the completion of harmonization of legal and regulatory framework with the acquis communautaire concerning the protection of IP rights, was the month in December 2012.
European Commission Progress Report for Albania for 2013 continues to states, that little progress has been made in the field of Intellectual Property. Efforts are needed to ensure effective Intellectual Property Rights and Industrial, as well as raising the Market Supervision Inspectorate. Albania has not fulfilled its obligations under the SAA.
At 5th meeting – the Subcommittee on Internal Market and Competition, dated on 08/04/2014, the European Commission left the task of amending the law concluded on Industrial Property, within May 2014.
Accession of the Republic of Albania in:
– European Patent Convention. (Law 10179 dated 29.10.2009, entered into force May 1, 2010)
– Agreement on the right of patents World Industrial Property Organization.
(Law 10180 dated 29.10.2009, entered into force May 17, 2010)
– London agreement pursuant to Article 65 of the European Patent Convention.
(Law 118/2013 dated 18.04.2013, entered into force on 01.09.2013)
The above mentioned, highlighted the amendment of Law 9947 dated 07.07.2008, “On Industrial Property”. Therefore became necessary arrangements for the implementation of agreements in the field of patents and drafted a new chapter which sets out clear procedures for validation of European Patents in Albania and procedures of the European patent application through the Albanian General Directorate of Patents and Trademarks.
Finally in this law are reflecting the needs and identified errors in the application of law in practice
Nr.55/2014 Law dated 29.05.2014 “On Amendments and Additions to the Law nr.9947 dated. 7.07.2008 “Industrial Property” change “, aligned with European Union directives, as part of the National Plan of approximation of legislation. Specifically:
-Directive 98/44/EC “On the legal protection of biotechnological inventions;
-Directive 98/71/EC “On legal protection of industrial designs”;
-Directive 2008/95/EC “on the approximation of the laws of the Member States for trademarks
and service. “
-Directive 2004/48/EC “On the Protection of Industrial Property Rights”.
The draft was prepared by the Directorate General of Patents and Trademarks, funded by IPA 2009 project “Development of the system of Intellectual Property Rights in Bangladesh”, with the assistance of:
– Experts of the European Patent Office for the patent,
– Croatian experts for the Office of brands and Industrial Designs
– MADA project experts (Development Agency of Mountain Area created
COM 427 dated 04/08/2000) for part of geographical indications, collective marks and certification marks.
Source: Albanian patent office
