GENERAL ALBANIAN PATENTS AND TRADEMARKS OFFICE Sub-regional seminar on the commercialization and enforcment of intellectual property rights LL.M. Mrs. Sonila Elezi Head of Legal & International Relations Department

General Albanian Patents & Trademarks Office Establishment: 1994 Status: Under the dependency of the Ministry of Economy, Trade and Energy. General Custom Directory Establishment: Albanian Copyrights Office Establishment: Status: is a central, public institution, under the authority of Ministry of Tourism, Culture, Youth and Sports ALBANIAN PATENTS AND TRADEMARKS OFFICE

ALBANIAN PATENTS AND TRADEMARKS OFFICE Actors of the IPR System Legislation in IP Rights Courts IP Office (ALPTO &Albanian Office for Copyrights - AOC) Attorneys Custom Authorities National council of Radio &Television Marketing Inspectorate of Internal General Office of Taxation General Persecutors Office

Legal Framework Law No 9947 date ‘For Industrial Property’ Secondary Law ‘DCM nr.1701 date ‘For the registration of Patent’ DCM nr date ‘For the registration of Industrial Design’ DCM nr.1705 date ‘For the registration of Indications of Origins’ Civil Code Civil Procedure Code Administrative Procedure Code ALBANIAN PATENTS AND TRADEMARKS OFFICE

TREATIES & CONVENTIONS RATIFIED FROM ALBANIA  Convention Establishing the World Intellectual Property Organization (WIPO Convention) 30/06/1992  Paris Convention for the Protection of Industrial Property 04/10/1995  Madrid Agreement Concerning the International Registration of Marks 04/10/1995  And the Protocol relating to that Agreement 30/07/2003  Patent Corporation Treaties (PCT) /10/1995  Extension Agreement between the Government of Albania and the European Patent Organisation on the cooperation in the field of Patents  Nice Agreement Concerning the International Classification of Goods and Services for the purposes of the registration of Marks 19/09/2003  Budapest Treaties on the International Recognition of the deposit of Micro organisms for the purposes of patent procedure 19/09/2003  Hague Agreement and Geneva Act Concerning the International deposit of Industrial Design 19/03/2007  Strasbourg Agreement Concerning the International Patent Classification 24/07/2007  TRIPS Agreement 1994 ALBANIAN PATENTS AND TRADEMARKS OFFICE

Legal Framework in AOC The Law “On Copyrights and other rights related to it” dated April 24, 2005, and The Decision of Minister’s Council, dated April 19, 2006”. Civil Code Penal Code International Treaties Berne Convention for the Protection of Literary and Artistic Works(Paris text 1971) Universal Copyright Convention ; Rome Convention for the Protection of Performers, Phonograph Producers and Broadcasters 1961; WIPO Copyright Treaty 1996; WIPO Performances and phonographs Treaty ALBANIAN PATENTS AND TRADEMARKS OFFICE

The Judgment and Administration of Complaint Sector, has represented and represents ACO in 18 judgment processes next to First Degree Court of Tirana or to the Court of Appeal, where Office is invited to be in the degree of the third person, as an expert or as an accused part in contradiction with the final explanation of office. The judiciary has given its verdict about 7 cases. There are still in process 11 Judgment cases. The IP cases in the Albanian courts are judged in the Civil and Trade/Penal Sections (no special sections for IP cases). In general the duration of a judiciary process for the IP cases is 6 months up to 2 year. The duration depends on the complexity of the case and of the work-load of the judge. Attached is a detailed view of the cases on IP in the courts of different degrees in all territory: Civil cases Result no cases, judged or under the juridical process with object ”Infringement of Copyright” in the First Degree Courts of main cities of Albania as: Gjirokastra,Kruja,Shkodra, Dibra, Mat, Kavaja,Lushjna Only the First Degree Court of Korca reports for one civil case with object” “ The obligation of accused party (infringer of the right) to fulfill the contractual obligation” ALBANIAN PATENTS AND TRADEMARKS OFFICE

Penal Cases During 2008 there are registered 4 penal procedures. 3 of these procedures are under process and only 1 of them has been concluded. 2 cases- in Durres 1 case- in Fier 1 case- in Lezha ( The Court of Lezha has declared guilty the accused party for carrying the penal violation “Duplicating the work without the authorization of the author” (article 148 &149 of the Penal Code) and punishment with a fine of Appeal Court During 2008, in the Appeal Court of Shkodra (one of main district of Albania) results 1 case ALBANIAN PATENTS AND TRADEMARKS OFFICE

Administrative Procedure in Appeal Bord for Cases ( 23 cases for a patent and 1 cases for a trademarks) Civil Procedure in the Court of Tirana for cases for a trademarks and 1 cases for a patent Appel Court 2 cases ( for a trademarks) Recourse 3 cases trademarks Criminal Cases in General Persecutor Office for cases (trademarks) ALBANIAN PATENTS AND TRADEMARKS OFFICE

General Directory of Custom Legal Framework Custom Code D.C.M No 205, date “For the implementation of a Custom Code’, Amended by D.C.M No 547, date During cases ( failed) the compliant was the right holder 1 cases the right holder want to take action for the seizer of goods 1 cases in process of application ALBANIAN PATENTS AND TRADEMARKS OFFICE

Coordination and cooperation for combating counterfeiting Custom Authority Public Persecutors Police against a economic crime Market inspectorates ( CAO) Exchange of information Preparation of the ground for the National Strategy in IP ALBANIAN PATENTS AND TRADEMARKS OFFICE

Provisional & precautionary measures (often) Determining the sources of counterfeited and pirated goods (often) Destroying seized goods (not applicable from the judges) ALBANIAN PATENTS AND TRADEMARKS OFFICE

THANK YOU FOR YOUR ATTENTION ALBANIAN PATENTS AND TRADEMARKS OFFICE

At the end the most important is : The will to fight of the right holder ! ALBANIAN PATENTS AND TRADEMARKS OFFICE