Albania Adopts New IP Regulations

Three new intellectual property regulations have entered into force in Albania recently:

1. The Regulation on the Issuing of Patents for Inventions and Utility Models;
2. The Regulation on the Registration of Trade and Service Marks;
3. The Regulation on the Registration of Geographical Indicators.

All three were adopted under the Law on Industrial Property, which came into force on November 1, 2008.

A new Regulation on Patents for Inventions and Utility Models entered into force on February 09, 2009.

Unlike the previous law, the new one specifies procedure for the issuing of supplementary protection certificates for medical products and plant protection products.

The new law also outlines improved procedures for the issuing of patents for inventions and utility models and the renewal of patents for inventions and utility models.

The Regulation on the Registration of Trade and Service Marks entered into force on February 04, 2009.

The new law allows third parties to file an opposition against an application for registration on relative grounds. The previous law provided that the opposition could be filed only on absolute grounds. Detailed procedures for filing an opposition have been outlined.

In addition, some of the more important amendments include:

1. The procedure for filing domestic applications, as well as their examination by the Albanian Patent and Trademark Office (ALPTO);
2. The procedure for filing applications for international registration of marks, as well as their examination by the ALPTO;
3. The rules and procedures for subsequent territorial extension of international trademark protection;
4. The rules and procedures concerning renewals, licenses and assignments.

An increase in the fees for the registration of industrial property rights is expected to be announced soon.

The lack of legal provisions concerning geographical indicators in Albania have been addressed by the new Regulation on the Registration of Geographical Indicators, which came into force on January 22, 2009.

Among other provisions, the new law outlines procedures for submitting an application for the registration of geographical indicators to the ALPTO, as well as the rules concerning their examination.

The new regulation allows third parties to file an opposition against an application for registration on relative grounds. The previous law provided that the opposition could be filed only on absolute grounds. Detailed procedures for filing an opposition have been outlined.

For more information, please contact Vladimir Nika in our Albania Office.