On 01.12.2023, the Ministry of Finance and Economy submitted for public consultation the draft law “On Trademarks” (the Draft Law), which is fully aligned with the following EU documents:
- Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trademark;
- Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks;
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
The existing Law No. 9947, dated 07.07.2008 “On Industrial Property” as amended, not only addresses matters pertaining to trademarks but also encompasses other elements of industrial property, including patents, utility models, designs, geographical indications, and designations of origin. The incorporation of these diverse subjects into a single law has resulted in technical and logistical problems during its daily application.
The proposed Draft Law aims to enhance trademark protection and fill identified legal deficiencies observed during the conduct of administrative procedures in the General Directorate of Industrial Property and civil trials in this field.
Further, the Draft Law is based on recent trademark legislation enacted in other EU countries and reflects the most up-to-date provisions of EU acts concerning trademarks with more advanced legislative structure and technique.
In the context of enhancing comprehensive protection, the proposed Draft Law offers trademark owners affected by infringement the capacity to initiate legal proceedings, present evidence, ensure its preservation, petition for interim measures to prevent infringement, and pursue the removal, confiscation, and oversight of goods suspected of violating the rights of earlier trademarks.
The proposed Draft Law specifically outlines comprehensive procedures governing the registration and protection of international trademarks registered at the World Intellectual Property Office (WIPO) extending their protection in Albania.
The Draft Law has undergone revisions to integrate all suggestions and recommendations put forth by the World Intellectual Property Organization (WIPO) and the European Union Intellectual Property Office (EUIPO). These revisions notably include a concentrated effort to address specific aspects related to collective and certification marks. Additionally, the refinement of the “exclusive license” definition was carried out to ensure complete harmonization with EU regulations.
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