Albanian legislation related to socio-economic development aims in general to the protection of the public health and nutrition. It takes care of the public interest and the general well-being. In Albania, the legislation on intellectual property is not dealing directly with the protection of the public health and nutrition. However, Article 3.7 of the Law on Industrial Property stipulates that no patents shall be granted in respect of essentially biological processes for the production of plants or animals, whereas in Article 40 it is stated : "Where the national security or public safety so requires, the Minister may authorize, even without the agreement of the owner of the patent or of the applicant, by notice published in the Official Journal, a government agency or a person designated in the said notice to make, use or sell an invention to which a patent or a patent application for a patent relates, subject to payment of equitable remuneration to the owner of the patent or the applicant."
The Ministry of Agriculture and Food will improve the legislation to protect public health and nutrition by regulations, which will be in compliance with international standards, especially regulations dealing with genetically modified organisms.
Several decisions of the Council of Ministers establish procedures for granting compulsory licenses on public interest grounds.
