The granting of compulsory licences is regulated under Articles 39 and 40 of the Law and general provisions adopted by government (temporary) for granting a compulsory licence:
(1) On the request of any person who proves his ability to work the patented invention in the Republic of Albania, made after the expiration of a period of four years from the filing date of the application for the patent or three years from the grant of the patent,
whichever is later, the Patent Office may grant a non-exclusive, non-voluntary licence if the patented invention is not worked or is insufficiently worked in the Republic of Albania. The grant of the non-voluntary licence shall be subject to the payment of equitable remuneration to the owner of the patent.
(2) A non-voluntary licence shall not be granted if the Patent Office is convinced that circumstances exist which justify the non-working or insufficient working of the patented invention in the Republic of Albania.
(3) In deciding whether to grant a non-voluntary licence, the Patent Office shall give both the owner of the patent and the person requesting the non-voluntary licence an adequate opportunity to present arguments.
(4) Any non-voluntary licence shall be revoked when the circumstances which led to its granting cease to exist, taking into account the legitimate interests of the patent owner and of the licensee. The continued existence of these circumstances shall be
reviewed upon request of the patent owner.
Where the national security or public safety so requires, the Prime Minister may authorize, even without the agreement of the owner of the patent or of the applicant, by notice published in the Official Journal, a government agency or a person designated in the said notice to make, use or sell an invention to which a patent or a patent application for a patent relates, subject to payment of equitable remuneration to the owner of the patent or the applicant. The decision of the Prime Minister may be the subject of an appeal to the Court.
1. An applicant for a compulsory licence shall be required to prove that the requirements for a compulsory licence have been complied with, and further that
a) the patentee was unwilling to grant a voluntary licence to exploit the patent under appropriate conditions and within a reasonable period of time;
b) he is able to exploit the invention to the required extent.
2. The scope and duration of a compulsory licence shall be established by the court, taking into account the purpose of the exploitation authorized by the compulsory licence; a compulsory licence may be granted with or without limitation. Unless relinquished or cancelled, a compulsory licence shall have effect until expiration of the term of validity fixed by the court or until the lapse of patent protection. Compulsory licences shall be recorded in the Patent Register.
3. The patentee shall receive adequate compensation for the compulsory licence, which shall be fixed, failing agreement between the parties, by the court. The compensation shall take into adequate account the economic value of the compulsory licence. In
particular, it shall be commensurate with the royalty the holder of the compulsory licence would have paid on the basis of an exploitation contract concluded with the patentee, taking into account the licensing conditions in the technical field of the invention.
4. The holder of a compulsory licence shall have the same rights as the patentee in regard to the maintenance of the patent and exercise of the rights deriving from protection.
5. A compulsory licence may not be assigned or transferred to any other person. Compulsory licences are non-exclusive and non-transferable, even in the form of sublicence, except with that part of the enterprise or goodwill which exploits such
licence. The holder of the compulsory licence may not grant a licence of exploitation.
6. The holder of a compulsory licence may relinquish his compulsory licence at any time. If the holder does not begin exploitation within one year from the definitive grant of the compulsory licence, the patentee may claim modification or cancellation of the compulsory licence.
7. The patentee may request modification or cancellation of a compulsory licence if the circumstances on which it was based cease to exist and are unlikely to occur again. Modification or cancellation shall take a form that does not prejudice the legitimate
interests of the holder of the compulsory licence.
