Unión Europea
Albania
Observancia de los derechos de propiedad intelectual
52. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
The new Article 89(3), of the Law on Industrial Property (as amended by Law No. 8477, dated 22 April 1999) states: In addition to the measures specified in paragraph 2(a) of this Article, the Court may re-establish the situation that existed before the infringement and to stop infringing actions, to proceed with an effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be used to manufacture the goods and the goods themselves in absence of possibility to remove any illegally used mark from such goods. Under Implementing Provisions of the Customs Code, Point 120(1) it is stated that "when customs authorities are satisfied after consulting the applicant if necessary, that goods or part of the goods referred to on Point 119(1)(a) and (b), correspond to the description of the counterfeit or pirated goods contained in the decision of the General Directorate of Customs, they suspend the release of the goods or provide for the seizure of the goods depending on the situation". Article 202 of the Criminal Procedure Code states: "When grounded reasons to think that someone hides real evidence of criminal offence or objects belonging to criminal offence exist, the court renders a decision regarding completion of inspection of the person. When these objects are in a certain place inspection of the place or of the house is ordered", and Article 207: "The objects which are found during the inspection may be attached in compliance with provisions on attachment".