Jan 27, 2022 (Newsletter Issue 1/22)Industrial Property Law AmendedThe Albanian Industrial Property Law was amended to introduce new provisions on trade secrets, trademarks, and the Internal Market Inspectorate. It entered into force on August 22, 2021.
Trade Secrets
The amended law defines trade secrets, sets out the rules for their lawful and unlawful acquisition, use and disclosure, as well as the rules for maintaining their confidentiality during and after legal proceedings, aligning with the Directive (EU) 2016/943. The law also provides trade secret holders with a range of measures that can be used in the event of misappropriation of trade secrets, including compensatory damages.
Trademarks
The amendments provide that a trademark registration may be divided into two or more registrations. Previously, it was only possible to divide a trademark application. In addition, the Intellectual Property Office will now reject a trademark application during substantive examination if the dominant element of the trademark is considered to be non-distinctive, even if the applicant requests a disclaimer of such element. This was previously not explicitly defined in the law.
Internal Market Inspectorate
The amendments to the IP Law also define the role and duties of the Internal Market Inspectorate (IMI), whose main responsibility is to ensure the safety of non-food consumer products by instigating internal market inspections. The role of IMI in IP right enforcement was previously not defined. Under the amended law, right holders can file a formal request to the IMI for seizure of goods that infringe their registered IP rights once they become aware of such goods on the market.
For more information, please see hereSource: www.petosevic.com Jul 01, 2021 (Newsletter Issue 13/21)IP Office Aligned with CP3On June 17, 2021, the General Directorate of Industrial Property (GDIP) under the Ministry of Finance and Economy of the Republic of Albania has published a practice paper under the Common Communication on the Common Practice of Distinctiveness (CP3) - Figurative Marks containing descriptive / non-distinctive words.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice is based, which will be generally applied by the GDIP and the IP offices of the European Union Intellectual Property Network (EUIPN).
The CP3 Practice Paper has been made publicly available in Albanian and English.Source: www.euipo.europa.eu Mar 21, 2019 (Newsletter Issue 4/19)
Accession to Lisbon Agreement
On February 8, 2019, WIPO notified the accession to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of October 31, 1958, as revised at Stockholm on July 14, 1967, and amended on September 28, 1979 ("Lisbon Agreement") by Albania.
The said Agreement will enter into force, with respect to the Republic of Albania, on May 8, 2019.
Source: www.wipo.int
Jul 24, 2018 (Newsletter Issue 13/18)New Regulation on Trademark RegistrationA new trademark regulation entered into force in Albania on June 7, 2018. It clarifies a range of issues raised by the changes to the Albanian Industrial Property Law in force as of March 24, 2017. Some of the most significant changes and clarifications concern the following:
- Clear definition of trademark types and representation requirements
- Literal interpretation of the scope of protection when class headings are used in lists of goods and services in trademark applications and registrations
- Introduction of detailed rules on applications and registration procedures on each type of trademarks and the procedure for the opposition of registration, trademark protection and exemption from protection
- Guidance for the determination of well-known trademarks
The regulation was accompanied be the introduction of official fees. The fee for filing a trademark is now ALL 7,000 and for each additional class ALL 2,500.
For further information, please check the article of the law firm CR Partners hereSource: www.crpartners.al Mar 29, 2017 (Newsletter Issue 6/17)Substantive Changes to IP Law IntroducedMultiple changes to the Albanian Industrial Property Law debated since August 2016 were recently approved by Law No.17/2017, which entered into force on March 24, 2017.
According to the IPO, the main goal of these changes is to further harmonize Albanian law with the EU acquis and to create an equal level of enforcement to that existing in the EU. This is due to obligations deriving from Article 73 of the Albania-EU Association and Stabilization Agreement, in force as of April 2009.
Some of the multiple changes are the following:
- Functional and structural in the Albanian IPO have been changed. The IPO will be granted a larger role in enforcement procedures. The IPO will not only examine oppositions but will also handle different kinds of enforcement claims, including cancellation, invalidation and non-use actions and claims based on well-known status.
- Oppositions can now be also filed by holders of unregistered well-known trademarks and any person that contests a trademark applied for in bad faith.
- Observations by third parties have been introduced. Any third party that objects to the registration of a trademark has the right to submit a written observation, only on absolute grounds, to the Examination Division.
- Status for used marks and unregistered well-known marks now equal.
- “Trade Origin” to deceptive marks provision has been added.
For further information, please see the article from Ms Cami of PETOŠEVIĆ Albania which can be accessed here
Source: PETOŠEVIĆ, Albania May 31, 2016 (Newsletter Issue 10/16)
New Regulation on Customs Enforcement
A new regulation on customs enforcement of intellectual property rights, modelled after the EU Regulation No. 608/2013, entered into force in Albania on January 12, 2016.
The new regulation introduces an exhaustive list and definitions of IP rights, in line with Albania’s IP laws. It also clearly specifies the procedures and deadlines that the Albanian customs authorities and/or IPR owners should follow in case of suspected IPR-infringing goods.
The new regulation also introduced a new application for action form, similar to the EU form used under the EU Regulation. The application for action may be submitted either electronically or in hard copy. Currently, electronic submission is only possible by email, as the customs authorities are still developing the online application system.
The new application must contain mandatory information on genuine goods, comprising (i) a more detailed description of goods including average market price and distinctive features; (ii) places of production; (iii) names of involved companies such as manufacturers, suppliers, importers, exporters, consignees and authorized traders. Omitting mandatory information may lead to rejection of application.
Finally, the new application is to be submitted upon or at any time before the expiration of the application for action granted under the former regulation.
Source: www.petosevic.com
Sep 02, 2014 (Newsletter Issue 13/14)
IP Law Amended
Albania has adopted amendments to the Industrial Property Law aiming to reach a level of IP protection similar to that existing in the European Union. The law No. 55/2014 was published in the Official Gazette on 24 June 2014 and entered into force on 10 July 2014.
The most important changes related to trademarks are:
- Under the amendments, the PTO is to complete the examination of absolute grounds within three months from the application date. If all the formalities are not completed, the PTO will issue a notification giving the applicant a deadline of additional two months, to file additional documents if needed. The publication of the application will follow after the completion of the above.
- The amended law now includes provisions on certification marks, which can be registered according to the rules and regulations set out in the law.
- The law now foresees the cancellation of an earlier trademark filed in bad faith, whereas this legal ground was not included in the previous law.
Source: www.petosevic.com
May 02, 2013 (Newsletter Issue 6/13)
Change of Practice in Registering Domain Names
The Board of Directors of the Albanian Authority on Electronic and Postal Communication (AKEP) amended the Regulation on Domain Names No. 437, of February 21, 2008 with its Decision No. 2252 of January 23, 2013.
The most important change is that foreign entities no longer need to have a local (Albanian) office or branch in order to register .al domain names. Foreign entities can now register .al domain names or have existing .al domain names transferred to them, pursuant to conditions prescribed by the Regulation on Domain Names. In the past, local presence was required.
Foreign entities may work through local registrars who are accredited by AKEP. The process of accreditation will commence on May 01, 2013.
Source: Cabinet Pavlovic, Belgium
Legal basis is Law No. 9947 of July 7, 2008, 'On Industrial Property' (amended on February 14, 2013, May 29, 2014, February 16, 2017 and July 7, 2021) and Decision of the Council of Ministers No. 315, dated May 31, 2018, 'On approval of the Trademark Regulation'.
Albania is a member of: Madrid Agreement and Madrid Protocol, the Paris Convention, the Nice Convention and the Vienna Agreement.
Trademark protection is obtained by registration. It can also be acquired by public recognition, provided that the mark is well known in the Albanian territory.
The latest edition of the Nice classification in force.
A mark may be any sign, in particular words, including personal names or designs, letters, numbers, colours, the form of goods or their packaging, or sounds, provided that those signs shall be capable of:
a) Distinguishing the goods or services of a natural or legal person from those of another natural or legal person; and
b) Being represented in the register in such a way as to enable the competent authorities and the public to determine clearly and accurately the object of protection recognized to its owner. As of March 25, 2017, the graphical representation requirements are no longer required.
Non-traditional marks such as position, pattern, color/color combination and shape marks are explicitly allowed to registration. The list the law provides is not exhaustive.
Also, the following trademark types are registrable: trademarks, collective marks and certification marks.
The application is filed at the General Directorate of Industrial Property, the Albanian IP Office (AL IPO/GDIP).
Multiple-class applications are available
Foreign applicants do not need a domestic registration.
Foreign applicants need a local agent.
A non-legalized, signed and stamped/sealed Power of Attorney is sufficient. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
The first office action is the issuance of the Filing Certificate of the trademark within 3-5 days as from the application date of the trademark with the Office.
The application process includes a formal examination and a substantive examination on the basis of absolute grounds. However, the IPO will issue an office action if a prior identical trademark is revealed.
If during the formal examination the IPO issues a notification, the applicant should complete the missing information or document within 3 months (extendable up to 2 additional months upon the payment of the official fee for deadline extension). If during the substantive examination on absolute grounds the IPO issues a notification, the applicant should complete the missing information or document within 2 months (extendable up to 2 additional months upon the payment of the official fee for deadline extension).
After the examination process is completed, the notice on the application is published in the Official Bulletin, which is available only electronically at http:// https://dppi.gov.al/marka/. The publication period is 3 months, during which third parties can oppose trademarks that they consider similar to their own. Once the publication process is completed successfully, the IPO will issue an invitation for the payment of the registration fees. The timeframe for the applicant to settle the payment is 1 month (non-extendable). Once the payment is settled and filed with the IPO, the IPO will issue the Certificate of Registration and will publish the registration in the next Official Bulletin.
The registration process, in a smooth case, lasts between 6 and 8 months.
National:The opposition period is 3 months from the publication of the trademark application in the Official Trademark Bulletin. The opposition term cannot be extended.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years starting from application date. The registration can be renewed endlessly, every 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application fee is 7.000 ALL for one class and 2.500 ALL for each additional class. The official fee for registration is 6400 ALL for the electronic copy of the trademark registration certificate, but all the trademark application can be only filed online from May 01, 2022. The official fee for filing a collective or certification mark is ALL 8.000.
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Practical details on trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
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Oct 31, 2023
Zivko Mijatovic & Partners, Alicante, Spain