Union européenne
Moyens de faire respecter les DPI
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.