Unión Europea
Albania
Observancia de los derechos de propiedad intelectual
50. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered.
Article 42, 70 and 89 of the Law on Industrial Property already cited authorize the court to award compensation for patent, industrial designs and trademark infringements. Treating the content of the court decision, Article 310 of the Albanian Civil Procedure Code states that this decision must contain the introduction, the descriptive justifying part and the ordering. In the ordering part, among others must be mentioned who is charged with the judicial expenses. Under Section IV "Rules on determining value of lawsuit", Article 68 of this Code states: "When a sum of money or a removable thing is requested, the value is determined on the basis of the amount indicated or of the value declared by the plaintiff. In the absence of indication or of declaration, it is accepted that the determination of the value is a competence of the court."