European Union

Albania

Patents (including Plant Variety Protection)

35. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of a compulsory licence shall be authorised predominantly for the supply to the domestic market of the Member authorizing such use.

A compulsory licence will only be granted if the applicant has previously made efforts to obtain a contractual license from the patent holder on reasonable commercial terms and conditions and these efforts have not been successful within a reasonable period of time. The expression "reasonable period of time" has to be determined by the competent authority on a case-by-case basis, in accordance with the relevant circumstances. Concerning the use predominantly for the home market, as one of the conditions under which a compulsory license will be granted, Article 39 stipulates that it must be used within the territory of the Republic of Albania, which in conformity with Article 31(f) of the TRIPS Agreement.