Unión Europea
Albania
Observancia de los derechos de propiedad intelectual
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
Articles 42, 70 and 89 of the Law on Industrial Property (cited in question 46) authorize the court to enjoin patent, industrial designs and trademark infringements. Article 243 of the Criminal Procedural Code states: "By the decision disposing the prohibition to exercise specific professions or managing duties to legal entities, the judge prohibits temporarily the defendant entirely or partly to exercise activities connected with them." Article 240 of the same Code foresees as interdictive measures: - suspension from exercise of a public duty or service; - temporary prohibition from exercise of specific professional or business activities. According to Article 288(a) of Penal Code, the unlawful production and distribution on commercial scale of industrial and nutritive articles and goods constitutes a criminal infringement and is punishable with fine or imprisonment up to 2 years. This offence, when committed in collaboration with other persons, more than once, or when has brought serious consequences, is punishable with imprisonment from 3 to 10 years.