Albania News Archives

October 28, 2011

Albania Amends Patent Regulation

The amendments to the Albanian Patent and Trademark Office’s (ALPTO) Patent Regulation entered into force on October 12, 2011.

The most important changes are explained below:

Power of Attorney

The patent agent or representative will be entered into the ALPTO’s patent register as the agent or the representative on record as soon as the Power of Attorney for client’s matter is filed. The agent or representative can take all necessary actions concerning the patent for which the PoA was filed, and is not required to file a new PoA for each separate action concerning the same patent. The registered PoA will be effective until its revocation by the owner or applicant.

Priority Right

The priority is declared at the moment the application is filed, and the following details should be included: the priority date, the priority number and the country where the application was filed. If priority is claimed based on an exhibition, the priority declaration should contain the date and the name of the exhibition.

The applicant has 12 months to claim a priority date. Any corrections to the application must be made within four months of filing the application. If there is a mistake in the priority date that was entered on the application, the timeframe for filing the correction will now be counted from the date on which the correction of the priority date on the application form was filed.

Restoration of Patents

The applicant or owner can request restoration of a patent that became invalid because of the failure to pay annuities in two situations:

  • Within two months from the date the ALPTO accepts the applicant’s reason for missing the deadline but no later than one year from the first missed deadline, or

  • Six months after the grace period for the annuity payment expires.

The time frame applicable is the one that expires first.

For more information, please contact Melina Nika at our Albania office.

Source: ALPTO; the local text of the regulation

March 24, 2011

Microsoft, BSA Train Albania Copyright Office Inspectors on Illegal Software

On February 2, 2011, Microsoft Corporation and Business Software Alliance representatives organized a training for the Albanian Copyright Office inspectors on how to recognize illegal software.

Experts from Microsoft Albania lectured on software licensed on the Albanian market, differences between legal and counterfeit software, and the ways of controlling legal and illegal software installations.

On February 14, the Albanian authorities started to perform market inspections with an aim to discover and confiscate illegal software.

For more information, please contact Melina Nika at our Albania office.

Source: Albanian Copyright Office

Albanian Authorities Seize 2,000 CDs, DVDs

On March 3, 2011, the Albanian authorities confiscated 2,116 CDs and DVDs during an inspection of 11 outlets in the Albanian capital Tirana.

The discs were confiscated because they did not bear the Artistic Stamp of the Albanian Copyright Office, which is a legal obligation based on the copyright and related rights law.

The inspectors from the Albanian Copyright Office and the General Directorate of Taxation carried out the operation targeting the distributors of unauthorized discs.

For more information, please contact Melina Nika at our Albania office.

Source: Albanian Copyright Office

EPO President Visits Albania, Bulgaria

On February 9, 2011, President of the European Patent Organization (EPO) Benoît Battistelli paid his first official visit to Albania after the country became the EPO member in May 2010, while on March 1-2 in Sofia, Battistelli met with a number of Bulgarian officials to discuss the further development of Bulgaria’s intellectual property system.

In Albania, Battistelli met with Prime Minister Sali Berisha, Minister of Economy, Trade and Energy Nasip Naco, Director of the Albanian PTO Safet Sula and Head of the EU Delegation in Albania Ettore Sequi. Battistelli and the Albanian officials discussed the importance of Albania becoming the EPO member and the country’s IP strategy for the 2010-2015 period, which the EPO will help implement.

In Bulgaria, Battistelli met with the Minister of Economy, Energy and Tourism Traycho Traykov to discuss the European Union patent proposal, which would allow applicants to obtain a unitary patent throughout the EU. Battistelli praised the efforts Bulgarian authorities are making to join the new system, which will reduce patent registration and renewal costs and help small and medium-sized enterprises (SMEs) and universities protect their inventions more efficiently.

The areas of future collaboration between the EPO and the Bulgarian Patent Office (BPO) were identified during Battistelli’s meeting with the BPO’s President Kostadin Manev. Various activities aimed at raising IP awareness at Bulgarian SMEs and universities were discussed during the meeting, such as the trainings on searching and using EPO’s databases, which provide access to 70 million documents.

Bulgarian universities’ innovation capacities were highlighted during Battistelli’s meeting with Borislav Borisov, rector of the University of National and World Economy in Sofia, and Nikola Sabotinov, president of the Bulgarian Academy of Science. The Bulgarian Academy of Science has received 70 percent of Bulgarian patents in the last ten years, some of which are also filed as European patents.

For more information, please contact Melina Nika or Adelina Slavkova.

Source: EPO, Bulgarian PTO, Albanian PTO

October 20, 2010

Albania Approves National IP Strategy 2010-2015

On September 1, 2010, the Albanian government adopted the national intellectual property strategy for the 2010-2015 period, drafted by the Albanian Ministry of Integration in cooperation with the European Patent Office (EPO) and supported by the EU’s Instrument for Pre-Accession Assistance (IPA) funds.

The strategy defines the objectives to be reached during the 2010-2015 period, the most important of which are:

  • A new copyright law to be adopted in 2011;
  • Amendments to the current Albanian Penal Code recognizing counterfeiting as a criminal offense, to be approved in 2012;
  • A law regulating the establishment of the Internal Market Inspectorate related to IP protection, in 2011.

The institutions directly affected by the strategy are the Albanian Patent and Trademark Office, the Albanian Copyright Office and the Albanian Customs.

This strategy will enter into force after its publication in the Albanian Official Gazette, which is expected soon.

For more information, please contact Melina Nika at our Albania office.

Source: PETOSEVIC

March 30, 2010

Albania Accedes to European Patent Convention and Patent Law Treaty

On February 11, 2010, Albania deposited its instrument of accession to the European Patent Convention (EPC), which will enter into force in Albania on May 1, 2010. Albania will thus become the 37th contracting state of the EPC.

Albania became an extension state to the European Patent Organization (EPO) on February 1, 1996.

As of May 1, 2010, with the inclusion of Albania, the EPC will provide a uniform application procedure for individual inventors and companies seeking patent protection in up to 40 European countries (37 contracting states and 3 extension states). Albanian residents will also be entitled to file international applications with the EPO.

The extension agreement between Albania and the EPO will expire once the EPC enters into force in Albania. The extension system will however continue to apply to all European and international patent applications filed before May 1, 2010.

The new member state will only be designated as a contracting state in European patent applications filed on or after May 1, 2010. It will not be possible to designate Albania retroactively in applications filed before that date. However, on European patent applications filed in April 2010, the EPO will be able to enter the filing date of May 1, 2010, upon applicant’s request.

On a different subject, on February 17, 2010, Albania acceded to the Patent Law Treaty, adopted in Geneva on June 1, 2000. The treaty will enter into force in Albania on May 17, 2010.

The Treaty is designed to harmonize and streamline formal procedures set by national or regional patent offices for the filing and maintenance of patents.

For more information, please contact Jelena Jankovic or Melina Nika.

Source: EPO; WIPO

Consultation Meetings on Albanian Draft IP Strategy

On February 11-12, 2010, the Albanian government held internal consultation meetings in order to further improve its draft Strategy on Intellectual and Industrial Property Rights.

The meetings were organized in the Ministry of European Integration in cooperation with the European Patent Office (EPO), which contracted various experts to review the draft prepared by the inter-institutional working group.

Under the Interim Agreement on Trade and Trade-Related Matters, which entered into force in Albania in December 2006, Albania has four years to reach a level of IP protection similar to that existing in the European Union and develop effective enforcement of such rights.

For more information, please contact Jelena Jankovic or Melina Nika.

Source: Albanian Ministry of European Integration website

October 21, 2009

Albanian PTO Announces New Official Fees

The Albanian Patents and Trademarks Office (PTO) has recently announced the new official fees.

The change will affect the fees for the maintenance of patents and utility models, as well as the fees for registration certificates for pharmaceutical products and protection of plants. The official fees for integrated circuits and geographical indications have also been changed. The official fees for trademarks and designs remain the same.

The new fees entered into force on September 11, 2009 and will be published soon on the website of the Albanian PTO.

For more information, please contact Melina Nika in our Albania office.

August 19, 2009

Albania to Ratify Patent Law Treaty and European Patent Convention

In order to meet the requirements for initiating accession talks with the European Union, the Albanian government has recently announced that it plans to ratify the Patent Law Treaty (PLT), and the European Patent Convention (EPC).

Accordingly, the Albanian Council of Ministers prepared and approved corresponding draft laws, which are now waiting for the parliament’s approval. It is expected that the parliament will approve the laws after the summer.

Upon approval, the laws will be published in the Official Gazette, and will enter into force 15 days after the publication.

In the meantime, Albania renewed its status of a European Patent Office (EPO) extension state by signing a two-year cooperation agreement with the EPO on January 31, 2009. The agreement will remain in force until Albania becomes full EPO member.

The EPO officially invited Albania to become its full member on July 4, 2008, following a positive evaluation of the Albanian PTO’s performance.

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

May 12, 2009

EU Extends Customs and Tax Assistance Project in Western Balkans

European Union’s project called Technical Assistance to Customs and Tax Administrations (TACTA) for the West Balkan countries has recently been extended until the end of August 2009.

The project, which officially started on April 4, 2008, is led by the Italian Customs and is funded by the European Commission.

As explained by TACTA Project Director Natalina Cea, the general objectives of the project are: to harmonize the customs and tax legislation and procedures with those in the EU; to establish well functioning and accountable customs and tax administrations, and to strengthen and modernize the national enforcement of customs legislation and procedures; to support legal trade; to enhance institutional capacity of beneficiary countries; and to promote regional cooperation.

TACTA teams and work plans were set up for each beneficiary country. The team leaders and staff implementing this project comprise customs and tax experts, who closely cooperate with national customs and tax administrations, and provide them with the necessary IT and expert support, such as study visits, training, workshops and seminars.

For more information, please contact Jovana Miočinović in our Balkan Regional Office.

March 17, 2009

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.

June 02, 2006

Changes in Effect for the Albania Patent and Trademark Office

In May 2006 the Albanian Patent and Trademark Office (PTO) came under the authority of the Ministry of Economy, Commerce and Energy. The PTO was previously governed by the Albanian Council of Ministers.

Based on the recommendation from the Ministry of Economy, Commerce and Energy, the Prime Minister determines the structure and the personnel of the PTO.

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

October 04, 2005

Albania - International Convention for the Protection of New Varieties of Plants

The International Convention for the Protection of New Varieties of Plants will enter into force in the Republic of Albania on October 15, 2005.

The instruments of accession were deposited by the government of Albania on September 15, 2005.

As a new member of the International Union for the Protection of New Varieties of Plants (UPOV), Albania will share in the annual contributions to its budget.

For more information, please contact our Albania representative.

June 16, 2005

Expansion of Copyright Protection in Albania

On May 6, 2005 the Republic of Albania deposited its instrument of accession to the WIPO Copyright Treaty (WCT) of December 20, 1996. The Treaty will come into force in Albania three months later, on August 6, 2005.

Along with Albania’s accession to WIPO Performances and Phonograms Treaty (WPPT, 1996) in 2002, this event marks another step in developing the system of intellectual property protection in the country.

For more information on the expansion of copyright protection in Albania, please contact our Albania representative.