Union européenne
Moyens de faire respecter les DPI
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.