European Union
Albania
Industrial Designs
19. Please explain whether or not your legislation extends to the protection of designs dictated essentially by technical or functional considerations. Please explain how textile designs are protected.
In Article 39 of the Law it is stated: 1) For the purposes of the Law, "industrial design" (hereinafter referred to as "design") means the features of the appearance of a product which are not dictated solely by the technical function of the product and which confer to it a special appearance. The designs may be two or three dimensional or a combination of them. 2) a) In order to be protectable, an industrial design must be new and usable in industrial or handicraft products. b) An industrial design shall be considered to be new if it is not identical or closely similar to an industrial design which by publication or by public use has been made available to the public, anywhere in the world, before the filing date or, where priority is claimed, before the priority date of the application for the registration of the former design. c) Subparagraph 21 of this Article shall not apply in respect of any publication or public use which was made by the creator of the industrial design or his successor in title within a period of 12 months prior to the filing date of the application or, where priority is claimed, the priority date. Industrial designs are protected like other designs.