Unión Europea
Albania
Observancia de los derechos de propiedad intelectual
48. Please describe how your legislation authorizes judges to order production of evidence by the opposing party. Please give precise information on what measures are taken to ensure the protection of confidential information.
As a rule the judicial authorities have the authority, subject at all times to the right of defence, to order any of the parties to submit documentation or any other type of evidence at their disposal that could be useful in clarifying the rights of the disputing parties, whether or not such evidence is held by the parties or by third persons. Specifically under Article 223 of the Albanian Civil Procedure Code it is stated: "On the request of the interested party, the court may order the other party to present in trial a document or another thing when this is estimated as necessary by the court. In this case the court gives the necessary instructions on the time, place and manner of their presentation. The party which has requested the acquisition of the document is obliged to indicate in detail all the circumstances which make credible as to where the document is, its characteristics as well as the facts which shall be proved by this document". Whatever the type of action or proceedings, the judicial authorities are under an obligation to prevent the wrongful publication of confidential information brought forward in court or obtained by the court in the course of the dispute. In conformity with Article 26 of the Code of Civil Procedure, Article 173 of the same Code cites some cases where, by a justified decision of the Court, the trial is allowed to be held in a session entirely or partially behind closed doors. One of these cases is when trade, or invention secrets, the publication of which would affect interests protected by law, are mentioned. Article 26 of this Code states that the court may no allow the participation of press organs when it estimates that such participation is not to the benefit of the case.