Article 83 of the "Law on Industrial Property" (1994) provides the right to the owner of a trademark. According to this article:
The owner of a registered mark shall have the right to prevent a third party from using, without his authorization, in the course of trade, as a mark or as a trade name, an identical or similar sign for goods or services which are identical or similar to those in respect of which the mark is registered , where such use would result in a likelihood of confusion. Where the use relates to an identical sign for identical goods or services, the likelihood of confusion shall be assumed.
The owner of a registered mark shall have the right to prevent a third party from using, without authorization, in the course of trade as a mark or as a trade name, an identical or similar sign for goods or services which are neither identical nor similar to those in respect of which the mark is registered, where the mark has become highly reputed and the use is detrimental to the distinctive character or reputation of the mark.
Notwithstanding paragraph 1 of this Article, the owner of the registered mark shall not have the right referred to in that paragraph in respect of goods which have been put in the territory of the Republic of Albania or in any other territory determined in an bilateral or multilateral agreement of the Republic of Albania, by the owner of registered mark, or with his consent, provided that neither the goods nor the manner in which the mark is applied to the goods are altered.
The holder of a trademark which is considered to be well-known in the Republic of Albania, even if it is not registered under this Law, shall have the right to prevent third parties from using in commerce without his authorization, any sign which constitutes a reproduction, an imitation or a translation of the trademark. The concept of a well-known trademark shall be established by the Patent and Trademark Office.
Right holders of trademarks enjoy the option provided under articles 89 and 101 of the "Law on Industrial Property" (1994) and articles 11 and 19 of the Law "Some changes and supplements on
the 'Law on Industrial Property'" (1999) in compliance with article 61 of the TRIPS Agreement.
According to these Articles:
The owner of the registered mark shall have the right to institute proceedings in the Court against any person who has infringed or is infringing his rights under the conditions of Article 83 of the Law. The owner shall have the same right against any person who has performed acts or is performing acts, which make it likely that such infringement will occur (imminent infringement).
If the owner of the registered mark proves that an infringement has been committed or is being committed, the Court shall award compensation. In these compensations will be included the profit of the person who has performed the infringement, the damage which has incurred the owner of the mark except the one is included in the profit of the breaker and the expenses including the law costs. The Court shall grant an injunction to prevent further infringement and any other remedy provided in the general law.
If the owner of the registered mark proves imminent infringement, the Court shall grant an injunction to prevent further infringement and any other remedy provided in this Law and in the Code of Civil Procedure.
In addition to the measures specified in the previous paragraphs, the Court may re-establish the situation that existed before the infringement and to stop infringing actions, to proceed with an effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be used to manufacture the goods and the goods themselves in absence of possibility to remove any illegally mark from such goods.
The judicial authorities shall have the authority to order prompt and effective provisional measures:
- to prevent an infringement of any intellectual property right from occurring and in particular to prevent the entry into channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance;
- to preserve relevant evidence in regard to the alleged infringement.
The new Article 89/3 of the Law on Industrial Property states:
In addition to the measures specified in paragraph 2(a) of this Article, the Court may re-establish the situation that existed before the infringement and to stop infringing actions, to proceed with an effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be used to manufacture the goods and the goods themselves in absence of possibility to remove any illegally mark from such goods.
Any natural or legal person who performs an act which he knows constitutes an infringement of the patent, mark or design shall commit an offence and shall be punishable from the Court by a fine between lek 20,000 and 100,000.
Article 50 of Copyright Law as amended by the Law No. 8594 dated 6 April 2000 underlines that the translation, adaptation, sound or visual recording, reproduction, the transmission of an artistic work without the authorization of its author, which conflicts with the provisions of this law or the international conventions ratified by the Republic of Albania, when the author's moral and economic rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to one year.
Whereas the Penal Code, as amended by the Law 7883 dated 24 January 2001, under Articles 147-149 underlines fines and imprisonment by up to four years for misappropriation of property through fraudulence by introducing a work of art and culture as the original or by changing the authenticity of the authorship; and fines and imprisonment by up to two years for partially or completely plagiarizing somebody else's work or for unauthorized reproduction of somebody's work.
According to Article 82.4 of the Customs Code, the customs authorities upon request of the holder of a trademark or patent of production or other neighbouring rights specified in the Implementing Provisions of this Code, may prohibit their release in free circulation, the exportation, the re-exportation and their placing, under the suspensive procedure of the goods that are recognized to be counterfeited or pirated goods, according to the procedure provided for in the Implementing Provisions of this Code.
And the Implementing Provisions on Customs Code, Article 120/1, states that the General Directorate of Customs may suspend the release of the goods or seize the goods depending on the situation.
The Code of Civil Procedure authorizes judges to order the payment of monetary damages adequate to compensate for the injury done. Article 68 of this Code states: "When a sum of money or a removable thing is requested the value is determined on the basis of the amount indicated or of the value declared by the plaintiff. In the absence of indication or of declaration, it is accepted that the determination of the value is a competence of the court".
And any person has the right to claim compensation of costs and damages caused by the infringer. Under Article 106 it is stated among others: "In its final decision, the court charges the party whose lawsuit has been dropped, to pay the judicial expenses in conforming with article 102 of this Code including, the payment for one advocate."
Article 67 of the Law on Competition authorizes courts to impose fines not less than lek 10,000 and not more than lek 200,000 to any person or company who does not respect business secrets.
