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.