According to Article 18 of the Administrative Procedures Code, in order to protect constitutional and legal rights of private persons, the administrative activity is submitted to:
a) the interior administrative control;
b) the judicial control.
According to Article 97 of the Law on Industrial Property (as amended by Law No. 8477, dated 22 April 1999), a Board of Appeal shall be established for the review of the disputes relating to patents, trademarks, industrial designs and appellations of origin within the structure of the Directorate of Patents and Trademarks which shall act in accordance with the law. Paragraph 4 of Article 82(2) of the Law amended states: The decision of the Board of Appeal on the conformity of the application with the requirements of Articles 73(3)(4) of this Law shall be final. The applicant may, within six months from the date of decisions, appeal against other decision of the Board of Appeal to the Court.
Article 57 of the Law on Industrial Property provides for appeal to the Court of Appeal of decisions of the Regional Court in Tirana on patent disputes.
The Implementing Provisions of the Customs Code, under Point 119.3, constitute that: "Against the decision of General Directorate of Customs concerning the suspension or not of the infringing goods, the applicant may, lodge an appeal to the court according to the procedures provided under Point 19(4) and 20(5) of the Customs Code."
And Point Article 120.3 underlines that if within 20 days from notification of the seizure of goods or from the decision to suspend the release of the goods, the customs authorities do not receive a copy of the appeal lodged with the competent authorities by the holder of the right, the customs authorities revoke the decision to suspend the release of the goods or the seizure of the goods and release the goods.
