Changes and additions made to law on industrial property

Official Bulletin no. 43, dated 9 March 2017

On 16.2.2017, the Parliament of Albania approved law no. 17/2017 “On some changes and additions made to law no. 9947, on 7.7.2008, “On industrial property”, as amended, which aims to fulfill the remaining duties on European Commission reports, the fulfillment of obligations and aims of the Albanian government regarding the reduction of the terms and increase of service quality, regulations and clarifications on encountered problems during the practical use of the actual law, as well as the adjustment on experiences and practices of international homologous offices.

The law aims to achieve:

• Facilitation of examination procedures as well as the creation of a legal environment on the improvement of electronic and communication services. The creation of the on line application procedures in the context of the facilitation of procedures.
• Creation of a legal base on PI object insurance as well as their use as collateral, in order for them to obtain their respective value in the market.
• Regulation of several procedures and competences of DPPM, based on national and international practice of law enforcement in domain of PI.
• Legal definition of criteria on well-known marks.
• Creation of the legal framework on licensing of PI experts from DPPM regarding the necessities on judicial processes and investigation.
• Creation of the legal framework on establishment of the chamber of request investigation on the repeal/devaluation as well as the chamber on objections investigations, as a structure within DPPM.
• Definition of competences of the chamber on repeal/devaluation as well as the chamber on objections investigations
• Specification of procedures on registration of geographical indicators and denomination of origins in order to eliminate the encountered problems in practice.
• Re-composition of the Appeal Board as a structure composed by external experts and its equipment with important legal competences.
• Revision of criteria on licensing of authorized representatives.
• Amendment of denomination and administrative structure of DPPM from a public budgetary institution in accordance with article 10 and 20 of law no. 90/2012, “On organization and functioning of the governmental administration” in order to strengthen the financial and administrative capacities, as a main element on the realization of its mission.

Changes and additions foreseen by this law are made in the context of fulfilling the international duties of Albania within the Stabilization Association Agreement and the approximation of Albanian legislation with Acquis Communitaire of EU.