Examen de la legislación de aplicación del Acuerdo sobre los ADPIC - Búsqueda

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En el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC, se exige a los Miembros que notifiquen al Consejo de los ADPIC las leyes y los reglamentos hechos efectivos por el Miembro en cuestión y referentes a la materia del Acuerdo, con el fin de ayudar al Consejo en su examen de la aplicación del Acuerdo.

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IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 41. Please explain how your legislation provides for the derogation from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.
With regard to Article 37 of the TRIPS Agreement, Article 16 of our law reads: "A person who commercially exploits an integrated circuit incorporating the protected topography, and does not know, or has no reasonable grounds to believe that the topography of the product is protected shall not be prevented from commercially exploiting that integrated circuit". Compensation, the amounts of which depends on the scope of commercial exploitation of protected topography, may be claimed from the person referred to in Paragraph 1, by the right holder of the protected topography from the date when the person referred to in Paragraph 1 has known, or has had reasonable grounds to believe that the topography is protected. The amount of compensation under Paragraph 2 shall be agreed upon between the right holder of the protected topography and the person referred to in Paragraph 1. If no agreement is achieved, the Court of Justice in Tirana shall decide on the amount of compensation. The provisions of Paragraph 2 shall apply also to the successors in title of the person referred to in Paragraph 2. The right of commercial exploitation is limited to importation, sale or distribution of the products of integrated circuits or other products incorporating the respective topography, and this right applies to a topography or products that were on hand at the time when the claim under Paragraph 2 was received.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 42. Please state the term of protection granted by your legislation to topographies.
According to the Article 10 of the law: The exclusive rights shall expire after 10 years from the earlier of the following dates: - the end of the calendar year in which the topography is first commercially exploited anywhere in the world; or - the end of the calendar year in which the application has been filed in due form. The exclusive rights shall expire before the period defined in Paragraph 3, if the respective fees are not paid or if the right holder of the protected topography renounces protections in writing. If a topography has not been commercially exploited, the exclusive rights shall expire after 15 years from its fixation or encoding.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 43. Please explain whether or not your legislation grants a defined period of time for the protection of undisclosed information. If so, please give the time span.
Albanian Competition Law protects business secrets, including trade secrets. Article 49.1 of the law prohibits disclosing business or operative secrets of competitors in an illegal manner or encouraging the competitors' employees to do so. Article 49.2 forbids using or giving others business or operative secrets obtained in the course of employment or other confidential relations during the term of those relations in order to gain competitive advantage for oneself or a third party or to damage the owner of a commercial company. The obligation continues for a period of two years after the employment or confidential relationship is terminated if the owner of the business or operative secret has a justifiable interest and the obligation does not unreasonably restrict the business or professional activity of others. Albanian pharmaceutical legislation does not grant any defined period of time for the protection of undisclosed information. Neither the legislation on plant protection products.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 44. Please explain how your legislation defines undisclosed information.
The Regulation of the Commission of the Verification of Manufacturing Conditions of Pharmaceuticals and the Regulation for the Registration of Pharmaceuticals (amended) constitute the Albanian legislation dealing with undisclosed information in this field. Both regulations do not define explicitly what an undisclosed information is. But in both of them, it is defined what kind of information must be presented by manufacturers: all documents presented by the manufacturer to take the approval for the manufacturing of drugs and all documents which comprise the drug dossier for obtaining marketing authorization. The regulation defines that the documentation which is confidential is deposited in the National Center of Drugs Control and remains as exclusive property of Albanian authorities that are engaged in the drug registration procedure. (Regulation of the Commission of the Verification of manufacturing Conditions of Pharmaceuticals, point 12; Regulation for the Registration of Pharmaceuticals (amended), point 21) In the field of veterinary, Regulation No. 4, dated 30 December 1999 "On the registration of the veterinary drugs" based on Law No. 7674, dated 23 February 1996 "On the veterinary service and inspectorate", Article 14 points 2, 3 and 4 define clearly the procedure of registration of any medicine imported and locally produced. The registration is made in the state register - it is valid for 5 years and, when necessary, can be renewed in conformity with the procedure fixed by European Union directives on this problem. The registration is considered done after the issuing of the Minister Order. The document is conserved in the Commission of Drugs Registration in the Veterinary Division.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 45. Please explain how your legislation defines data submitted to governments or governmental agencies.
On plant protection products, the data deposited by the interested companies asking for the permission to market such products in the Republic of Albania, are protected by Decision of the Council of Ministers No. 72 dated 15 February 2001 "On the approval of the regulation of plant protection products". In Article 6 of this regulation is defined that the protection of data is made on the basis of the request of the applicant and there is no a defined period of time for their protection. Albania protects data submitted to obtain marketing approval for pharmaceutical or agricultural chemicals utilizing a new chemical entity. For the protection of their confidentiality, in the Regulation of the Commission of the Verification of Manufacturing Conditions on Pharmaceutical point 12 is defined: "After the verification from the Commission, documentation which is confidential is deposited in National Center of Drugs Control together with a copy of authorization."
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 46. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
Patents According to Article 42: 1) The owner of a patent and the applicant for a patent shall have the right to institute proceedings in the Court against any person who has infringed or is infringing the patent or the provisional protection conferred on a published patent application. The owner of the patent and the applicant shall have the same rights against any person who has performed acts or is performing acts which make it likely that such infringement will occur ("imminent infringement"). The proceedings may not be instituted after five years from the act of infringement. 2) a) If the owner of the patent proves that an infringement has been committed or is being committed, the Court shall award damages and shall grant an injunction to prevent further infringement and any other remedy provided in the general law. b) If the owner of the patent proves imminent infringement, the Court shall grant an injunction to prevent infringement and any other remedy provided in the general law. 3) a) Unless the licence contract provides otherwise, any licensee may request the owner of the patent to institute Court proceedings for any infringement indicated by the licensee, who must specify the relief desired. b) Such licensee may, if he proves that the owner of the patent received the request but refuses or fails to institute the proceedings within three months from the receipt of the request, institute the proceedings in his own name, after notifying the owner of the patent of his intention. The owner of the patent shall have the right to join in the proceedings. c) Even before the end of the three-month period referred to in subparagraph (3)(b), the Court shall, on the request of the licensee, grant an appropriate injunction to prevent infringement or to prohibit its continuation, if the licensee proves that immediate action is necessary to avoid substantial damage. 4) Where the subject matter of the patent is a process for obtaining a product, the burden of establishing that a product was not made by the process shall be on the alleged infringer if either of the following conditions is fulfilled: a) the product is new; or b) a substantial likelihood exists that the product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used. According to Articles 57 and 58 of the law: 1) The Regional Court of Tirana shall have exclusive jurisdiction for any dispute concerning a patent application or patent, in particular for: a) any action for infringement or a declaration of non-infringement of a patent or patent application; b) any action or counterclaim for invalidation of a patent; c) any action concerning the right to the patent, the ownership or assignment of a patent application or patent; d) any action concerning a licence contract; e) the grant of non-voluntary licences; f) the review decisions of Board of Appeal of the Patent Office. 2) Decisions of the Regional Court of Tirana on any type of disputes referred to in this Article may be appealed to the Court of Appeal. 1) Within the period of patent duration, an action may be instituted in Court without any time limitation, if the dispute has arisen: a) on invalidation of patents (Article 46); b) on the grant of licences. 2) In other cases of disputes, which are not referred to in paragraph (1) of this Article, the term for instituting an action in Court is limited to three years unless this Law or the legislative acts in force provide for other terms. Trademarks According to Article 89: 1) The owner of the registered mark shall have the right to institute proceedings in the Court against any person who has infringed or is infringing his rights under the conditions of Article 83 of this Law. The owner shall have the same right against any person who has performed acts or is performing acts which make it likely that such infringement will occur ("imminent infringement"). 2) a) If the owner of the registered mark proves that an infringement has been committed or is being committed, the Court shall award compensation. In these compensations will be included the profit of the person who has performed the infringement, the damage which has incurred the owner of the mark except the one included in the profit of the breaker and the expenses including the law costs. The Court shall grant an injunction to prevent further infringement and any other remedy provided in the general law. b) If the owner of the registered mark proves imminent infringement, the Court shall grant an injunction to prevent further infringement and any other remedy provided in general law. According to Article 91: 1) The Court may, on the request of any person, invalidate a registration on the ground that the registration does not comply with Article 73(3), 74, 75 and 76 of this Law. 2) Any invalidated registration shall be considered to be null and void from the date of the registration. 3) When the decision of the Court to invalidate the registration becomes final the Court shall notify the Patent Office of the decision. The Patent Office shall record the decision in the register of marks and publish it. Industrial designs According to Article 70: 1) The owner of the registered design shall have the right to institute proceedings in the Court against any person who has infringed or is infringing his rights under Article 67 of this Law. The owner shall have the same rights against any person who has performed acts or is performing acts which make it likely that such infringement will occur ("imminent infringement "). 2) a) If the owner of the registered design proves that an infringement has been committed or is being committed, the Court shall award compensations. In these compensations, will be included the profit of the person who has performed the infringement, the damage which has incurred the owner of the design except the one is included in the profit of the breaker and the expenses including the law costs. The Court shall grant an injunction to prevent further infringement and any other remedy provided in general Law. b) If the owner of the registered design proves imminent infringement, the Court shall grant an injunction to prevent infringement and any other remedy provided in the general law. Appellation of origin According to Article 93(1) (as amended by Law No. 8477 dated 22 April 1999): Any person who has registered an appellation of origin and/or whose name is entered as a user of the appellation of origin shall be entitled to use it for the designation of the goods covered by its registration or to use it in advertising or on business papers. He shall be entitled to prohibit the use of the appellation of origin by third persons not entered as its users. Article 10(1) of the Law on Industrial Property authorizes Courts to impose a fine on any natural or legal person who knowingly infringes an intellectual property right; the amount of the fine is to be doubled in the event of a repetition of the knowing infringement within 5 years of the original offence. Albanian Law on Copyright, under its new Article 50.b (as amended by Law No. 8594 dated 6 April 2000, Article 5), states that disputes between the user of an intellectual property work and the author or the agency to which the rights have been transferred by the author, because of a violation of the conditions specified in the contract concluded between them, are submitted by the interested party to the relevant court for civil settlement. Article 67 the Law on Competition authorizes courts to impose fine to any person who does not respect business secrets. Article 82(4) of the Customs Code states as following: "The customs authorities, upon requestof the holder of a trademark or patent of production or other neighbouring rights specified in the Implementing Provisions of this Code may prohibit their release in free circulation, the exportation, the re-exportation and their placing under the suspensive procedure of the goods that are recognized to be counterfeited or pirated goods, according to the procedures provided for in the Implementing Provisions of this Code." (The Implementing Provisions of the Customs Code, under points 119-120, state in more details about this subject).
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
According to Article 18 of the Administrative Procedures Code, in order to protect constitutional and legal rights of private persons, the administrative activity is submitted to: a) the interior administrative control; b) the judicial control. According to Article 97 of the Law on Industrial Property (as amended by Law No. 8477, dated 22 April 1999), a Board of Appeal shall be established for the review of the disputes relating to patents, trademarks, industrial designs and appellations of origin within the structure of the Directorate of Patents and Trademarks which shall act in accordance with the law. Paragraph 4 of Article 82(2) of the Law amended states: The decision of the Board of Appeal on the conformity of the application with the requirements of Articles 73(3)(4) of this Law shall be final. The applicant may, within six months from the date of decisions, appeal against other decision of the Board of Appeal to the Court. Article 57 of the Law on Industrial Property provides for appeal to the Court of Appeal of decisions of the Regional Court in Tirana on patent disputes. The Implementing Provisions of the Customs Code, under Point 119.3, constitute that: "Against the decision of General Directorate of Customs concerning the suspension or not of the infringing goods, the applicant may, lodge an appeal to the court according to the procedures provided under Point 19(4) and 20(5) of the Customs Code." And Point Article 120.3 underlines that if within 20 days from notification of the seizure of goods or from the decision to suspend the release of the goods, the customs authorities do not receive a copy of the appeal lodged with the competent authorities by the holder of the right, the customs authorities revoke the decision to suspend the release of the goods or the seizure of the goods and release the goods.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 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.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 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.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 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."
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 51. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.
The Code of Civil Procedure constitutes the right of any person, according to the law, to claim compensation of costs and damages caused by the infringer. Under Article 106 it is stated among others: In its final decision, the court charges the party whose lawsuit has been dropped, to pay the judicial expenses in conformity with Article 102 of this Code including the payment for one advocate.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 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".
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
The Code of Civil Procedure constitutes the right of any person, according to the law, to claim compensation of costs and damages caused by the infringer. Under Article 106 it is stated among others: In its final decision, the Court charges the party whose lawsuit has been dropped, to pay the judicial expenses in conformity with Article 102 of this Code including the payment for one advocate. Under Implementing Provisions on the Customs Code, Point 120.4 and 119.4 it is stated that "the plaintiff is obliged to forward payment of all eventual charges related to the warehousing of the goods and is responsible for any damage caused to the defendant/ importer or a third party".
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Article 42 of the Law on Industrial Property states that it has a course of action against any person who is performing acts that make it likely that infringement will occur (imminent infringement), Courts are authorized to grant an injunction to prevent infringement and any other remedy provided in general law. Article 70 provides similarly for industrial designs. Article 89 provides similarly for trademarks. The new Article 93(1) provides similarly for geographical indications. In Article 101, paragraph 4 is added by Law No. 8477, dated 22 April 1999, which reads: The judicial authorities shall have the authority to order prompt and effective provisional measures: a) to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; b) to preserve relevant evidence in regard to the alleged infringement. Under Albanian Civil Procedure Code, Article 170 paragraph 7 states "as preliminary actions, the judge decides, according to the case, the provision of the seizure of the goods or other provisional relief". Article 274 of the Criminal Procedural Code states: "When there is a danger that free possession of an object related to the criminal offence may aggravate or prolong its consequences or facilitate the commission of other criminal offences the competent court, on demand of the prosecutor, orders its attachment by reasoned decision."' Under Implementing Provisions on the Customs Code, Article 119.4 states that General Directorate of Customs can decide, upon approval of the application, that the applicant forward advance payment, subject to revising, to the satisfaction of enforcement costs and indemnify the defending party against harm due to the unjustified suspension of free release of goods. The Code of Civil Procedure, under Title VI, Chapter IV deals with notices, whereas Article 21 of the Code states that, when the law allows, and the circumstances of the case dictate the taking of a judicial decision, independently from the knowledge of one party, the latter has the right to appeal in a judicial way against the decision made.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 55. Please identify the competent authorities in your jurisdiction who receive requests from right holders for an application to suspend the release of counterfeit goods by the customs authorities.
Article 82(4) of the Customs Code states that the customs authorities, upon request of the holder of a trademark or patent of production or other neighbouring rights specified in the Implementing Provisions of this Code may prohibit the release in free circulation, the exportation, the re-exportation and their placing under the suspensive procedure of the goods that are recognized to be counterfeit or pirated goods, according to the procedures provided for in the Implementing Provisions of this Code. Under Implementing Provisions of the Customs Code, Point 119.1 constitutes that the holder of the right may lodge an application in writing at the General Directorate of Customs, upon which, customs authorities may suspend the release of the goods or seize the goods depending on the situation (Point 120.1).
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
According to Article 82, the General Director orders the relevant customs authorities, antismuggling structures and customs offices to suspend the counterfeit goods under any of the customs regime (import, export etc) mentioned above.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
The Implementing Provisions on Customs Code, Article 120.1, states the General Directorate of Customs may suspend the release of the goods or seize the goods depending on the situation. 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 all 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.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 58. Please indicate whether or not your legislation provides for a de minimis imports exception.
Article 199(2) of the Customs Code mentions several cases where the relief from import duties is granted. Goods contained in travellers' personal luggage are mentioned in point (f) of the same Article. Points 477 to 560 of the Implementing Provisions of the Customs Code treat in more detail these cases.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Unión Europea 59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Article 50 of Copyright Law as amended by Law No. 8594 dated 6 April 2000 underlines that "the translation, adaptation, sound or visual recording, reproduction, the transmission of an artistic work without the authorization of its author, which conflicts with the provisions of this law or the international conventions ratified by the Republic of Albania, when the author's moral and economic rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to one year." Article 101 of the Law on Industrial Property provides for fines in case of intentional infringement stating: "Any natural or legal person who performs an act which he knows constitutes an infringement of the patent, mark or design shall commit an offence and shall be punishable from the Court by a fine between lek 20,000 and 100,000." Whereas the Penal Code, as amended by Law No. 7883 dated 24 January 2001, under Articles 147-149 underlines fines and imprisonment by up to four years for misappropriation of property through fraudulence by introducing a work of art and culture as the original or by changing the authenticity of the authorship; and fines and imprisonment by up to two years for partially or completely plagiarizing somebody else's work or for unauthorized reproduction of somebody's work. And, according to the same Law, Article 288(a) stipulates: 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.
28/04/2003
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro Estados Unidos de América 1. Article 27(3) of the TRIPS Agreement provides that Members are not required to provide patent protection for plant varieties, but that if such protection is not afforded, then an effective sui generis system is required. It is noted that Montenegro's patent law precludes patent protection for plants. How does Montenegro provide intellectual property protection for plants?
Montenegro provides protection for new plant varieties under the UPOV system of special protection (sui generis) which it has chosen in accordance with the options of the World Trade Organisation and the provisions of the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) under which it is required that all Member States of the WTO must provide the protection of plant varieties through patents or sui generis system (such as UPOV), or a combination thereof. During the process of accession to the WTO and EU, Montenegro has adopted the Law on Protection of Plant Varieties ("Official Gazette of the Republic of Montenegro", No. 48/07 and "Official Gazette of Montenegro", No. 48/08), which for the first time regulates the area of protection of intellectual property rights of breeders, creators of plant varieties, regulates the terms and procedures for the protection of plant varieties as well as rights and obligations of the holders of plant breeders’ rights. State authority in charge of direct implementation and activities in this area is Phytosanitary Administration of Montenegro, Department for Seeds and Planting Material, Protection of Plant Varieties and GMO, and is in charge of administrative activities, development of legislation and international relations in this area.
10/01/2014

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