Under the Copyright Act, damages can be awarded pursuant to sections 80(2)(c), 101(2), 109(2), 110(2), 114(4)(a), 115(2), 169(2), and 191(3)(b) and 191(4).

At present, there are no specific provisions for the court to order payment of the right holder's expenses by the infringer. However, as alluded in #50 above, under the Copyright Act, damages are a remedy for infringement and will cover losses suffered by the right holder.

Division 6 of the Copyright Act prescribes the procedures relating to disposal of infringing copy or other objects. Pursuant to Division 6, Section 125 (a) and (b) of the Copyright Act allow the court to make orders for forfeiture to the copyright owner or for the infringing items to be destroyed or otherwise dealt with as the court thinks fit.

At present, the legislation has no provisions allowing judges to indemnify a defendant in the event of abuse by a Plaintiff.

At present, there are no provisions implementing Article 50 of the TRIPS Agreement.

Section 35 of the Copyright Act prevents the importation of infringing copies. However, at present, there is not competent authority with the power to suspend the release of counterfeit goods.

At present, there are no legal provisions to suspend the export of counterfeit goods.

Section 125 of the Copyright Act allows the court to make orders for the disposal of infringing goods. Section 125 stipulates that: "125.-(1) An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order under section 111 or 123 or seized pursuant to section 112 or 122 be- (a) forfeited to the copyright owner; or (b) destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order (if any) should be made under subsection (1), the court must have regard to- (a)whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the copyright owner and to protect the interests of the copyright owner; and (b) the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the copyright owner. (3) Before making an order under subsection (1), a court must issue directions as to the service of notice on persons who have an interest in the copy or other object. (4) A person who has an interest in a copy or other object which is the subject of an application under subsection (1) is entitled- (a) to appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) to appeal against any order made, whether or not the person appears in the proceedings. (5) An order made under subsection (1) does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) If there is more than one person interested in a copy or other object, a court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and make any other order it thinks just. (7) If a court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or other object was before being delivered up is entitled to its return."

At present, the legislation does not provide for a de minimis imports exception.

Division 5 of the Copyright Act which governs Offences addresses criminal liability for making or dealing with infringing objects. Sections 121 (1) – (3) set out the criminal acts and states: 121.-(1) A person who, other than pursuant to a copyright licence- (a) makes for sale or hire; (b) imports into the Fiji Islands otherwise than for that person's private and domestic use; (c) possesses in the course of a business with a view to committing any act infringing the copyright; (d) in the course of a business- (i) offers or exposes for sale or hire; (ii) exhibits in public; or (iii) distributes; (e) in the course of a business or otherwise, sells or lets for hire; or (f) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, an object that is, and that the person knows or our ought reasonably to know is, an infringing copy of a copyright work, commits an offence. (2) A person who- (a) makes an object specifically designed or adapted for making copies of a particular copyright work; or (b) has such an object in the person's possession, when the person knows or ought reasonably to know that the object is to be used to make infringing copies for sale or hire or for use in the course of a business, commits an offence. (3) Subject to subsection (4), a person who- (a) causes a literary, dramatic, or musical work to be performed, if the performance infringes copyright in the work; or (b) causes a sound recording or film to be played in public or shown in public, if the playing or showing infringes copyright in the sound recording or film, and who knows or ought reasonably to know that copyright in the work or in the sound recording or visual image, as the case may be, would be infringed by the performance, playing or showing respectively, commits an offence. (4) Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a broadcast or cable programme. Penalties for the above offences are prescribed under section 121(5) as follows: (5) A person who commits an offence under this section is liable on conviction- (a) in the case of an offence against subsection (1), to a fine of $5,000 for every infringing copy to which the offence relates, but not exceeding $50,000 in respect of the same transaction, and to imprisonment for 12 months; (b) in the case of an offence against subsection (2) or (3) to a fine of $50,000 and to imprisonment for 12 months, (c) in the case of a second or subsequent offence against subsection (2) or (3), to a fine of $100,000 and to imprisonment for 2 years.

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.

The Customs Administration is dealing with the goods under suspicion of infringing the intellectual property right in accordance with the provisions of the Article 67, Paragraph 3 of the Customs Law ("Official Gazette of the Republic of Montenegro", No. 07/02, 38/02, 72/02, 21/03, 31/03, 29/05, 66/06 and "Official Gazette of Montenegro", No. 21/08) and Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights ("Official Gazette of Montenegro", No. 33/11). Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights ("Official Gazette of Montenegro", No. 33/11) is harmonised with the basic principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organisation (TRIPS). The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulates the conditions for undertaking actions with goods suspicious of infringing an intellectual property right, procedure for undertaking such actions, as well as measures for protection of intellectual property rights undertaken by the customs authority in cases when the goods are found to infringe the intellectual property rights. In accordance with the Regulation customs authority may suspend customs procedure and detained the goods based on application for action of right holder and ex-officio.The customs authority may, in accordance with the Regulation, undertake the actions when goods suspicious of infringing an intellectual property right is: declared for release for free circulation, export or re export, found during the control of goods entering or leaving the customs territory of Montenegro, placed under a suspensive customs procedure or placed in free zone or free warehouse. The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights covers the protection of trademark, copyright or related right, industrial design, patent, supplementary protection certificate, plant variety, designation of origin or geographical indication and topography of semi-conductors. Regarding the data related to the lodged applications for action for protection of intellectual property rights, please note that 44 applications for action for protection of intellectual property rights were lodged to the Customs Administration in 2011. 39 applications were adopted and five applications were rejected due to formal irregularities. In 2012, 42 applications were lodged to the Customs Administration, out of which 41 applications for action for protection of Intellectual Property Rights were adopted by the Customs Administration and 1 was rejected due to formal irregularites. In 2013, up to 31st of October, 52 applications were lodged to the Customs Administration, out of which 46 applications were adopted, three applications were rejected due to formal irregularities, while three applications are being processed. 3. Article 52 of the TRIPS Agreement provides that a right holder initiating the procedures of TRIPS Article 51 shall be required to provide adequate evidence to satisfy authorities there is a prima facie an infringement. Could information be provided as to what Montenegro requests, such as any application fee, what is the length of time for which an accepted application is valid, and whether applications are filed at a central office or at ports of entry? The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English). The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues. The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights. The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right. Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right. With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control. Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. No fee is paid for lodging of the application for action for protection of intellectual property rights. Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest. Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid. 4. Article 61 of the TRIPS Agreement provides for criminal procedures and penalties, sufficient to act as a deterrent, for willful trademark counterfeiting or copyright piracy on a commercial scale. Could information be provided on the disposition of criminal cases involving trademark counterfeiting or copyright piracy and the criminal penalties and jail time ordered in those cases? For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of Unauthorised Use of Copyrighted Work or an Object of a Related Right under Article 234 of the Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the information is requested, as well as that using another's trademark is an act of execution of criminal offense of Abuse of Trade Name under Article 271 of the Criminal Code, but not the criminal offense itself. In relation to criminal proceedings in respect of the criminal offense under Article 234 of the Criminal Code, please note the following: In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. All three verdicts are final.

The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English). The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues. The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights. The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right. Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right. With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control. Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. No fee is paid for lodging of the application for action for protection of intellectual property rights. Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest. Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid.

For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of Unauthorised Use of Copyrighted Work or an Object of a Related Right under Article 234 of the Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the information is requested, as well as that using another's trademark is an act of execution of criminal offense of Abuse of Trade Name under Article 271 of the Criminal Code, but not the criminal offense itself. In relation to criminal proceedings in respect of the criminal offense under Article 234 of the Criminal Code, please note the following: In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. All three verdicts are final.

Article 83 of the "Law on Industrial Property" (1994) provides the right to the owner of a trademark. According to this article: The owner of a registered mark shall have the right to prevent a third party from using, without his authorization, in the course of trade, as a mark or as a trade name, an identical or similar sign for goods or services which are identical or similar to those in respect of which the mark is registered , where such use would result in a likelihood of confusion. Where the use relates to an identical sign for identical goods or services, the likelihood of confusion shall be assumed. The owner of a registered mark shall have the right to prevent a third party from using, without authorization, in the course of trade as a mark or as a trade name, an identical or similar sign for goods or services which are neither identical nor similar to those in respect of which the mark is registered, where the mark has become highly reputed and the use is detrimental to the distinctive character or reputation of the mark. Notwithstanding paragraph 1 of this Article, the owner of the registered mark shall not have the right referred to in that paragraph in respect of goods which have been put in the territory of the Republic of Albania or in any other territory determined in an bilateral or multilateral agreement of the Republic of Albania, by the owner of registered mark, or with his consent, provided that neither the goods nor the manner in which the mark is applied to the goods are altered. The holder of a trademark which is considered to be well-known in the Republic of Albania, even if it is not registered under this Law, shall have the right to prevent third parties from using in commerce without his authorization, any sign which constitutes a reproduction, an imitation or a translation of the trademark. The concept of a well-known trademark shall be established by the Patent and Trademark Office. Right holders of trademarks enjoy the option provided under articles 89 and 101 of the "Law on Industrial Property" (1994) and articles 11 and 19 of the Law "Some changes and supplements on the 'Law on Industrial Property'" (1999) in compliance with article 61 of the TRIPS Agreement. According to these Articles: 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 the 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). 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 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 the general law. 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 this Law and in the Code of Civil Procedure. In addition to the measures specified in the previous paragraphs, 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 mark from such goods. The judicial authorities shall have the authority to order prompt and effective provisional measures: - 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; - to preserve relevant evidence in regard to the alleged infringement. The new Article 89/3 of the Law on Industrial Property 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 mark from such goods. 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. Article 50 of Copyright Law as amended by the 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. Whereas the Penal Code, as amended by the Law 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. According to Article 82.4 of the Customs Code, 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 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 procedure provided for in the Implementing Provisions of this Code. And the Implementing Provisions on Customs Code, Article 120/1, states that the General Directorate of Customs may suspend the release of the goods or seize the goods depending on the situation. The Code of Civil Procedure authorizes judges to order the payment of monetary damages adequate to compensate for the injury done. 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". And any person has the right 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 conforming with article 102 of this Code including, the payment for one advocate." Article 67 of the Law on Competition authorizes courts to impose fines not less than lek 10,000 and not more than lek 200,000 to any person or company who does not respect business secrets.

Article 51 of the Copyright Law as changed by the Law No. 7564 dated 19 May 1992 stipulates that the provisions of this law shall apply not only to works the author of which has Albanian citizenship or lives permanently in the Republic of Albania, regardless of the country where they were published for the first time, but also to works published for the first time in Albania or in a country that is a member of an international Copyright treaty or convention to which Albania is also a signatory as well as to works published for the first time in a country that is not a member of an international Copyright treaty or convention, to which Albania is a signatory, when the works are published simultaneously in the territory of this country and in the Republic of Albania or in another country which is a signatory to the international Copyright treaty or convention.

The Albanian Copyright Law does not contain any provision on the exceptions provided for in Articles 3 and 4 of the TRIPS Agreement relating to national treatment and most-favoured-nation treatment.

Protection of geographical indications (appellation of origin) is provided by Articles 93 of the "Law on Industrial Property" (1994) and Articles 13 and 14 of the "Law on some changes and supplements on the "Law on industrial property" (1999) as follows: The appellation of origin is used to mark the natural, agricultural products, the industrial and handicrafts products. The appellations of origin protect: (a) geographical names of products, whose distinctive properties are mainly due to the location or region where they are produced, if such properties are a natural consequence of either the climate or soil or of established manufacturing procedures or processes; (b) the name of a product which has become generally known through long-term use in the course of trade as an indication that the product originates from a certain location or region. Geographical names which have become generally known through long-term use in the course of trade as designations for certain kinds of products may not be protected by appellations of origin. The Patent Office shall grant the right to use the appellation of origin after obtaining the expert opinion of the competent authorities, which must include: (a) products which may be marked under that appellation of origin; (b) locations or regions in which products marked under the appellation of origin originate; (c) production requirements a product must fulfill in order to be marked under the appellation of origin; (d) the required marking of products and further detailed requirements for grant of the right to use the appellations of origin. An appellation of origin shall be established: (a) by entering the geographical name and kind of product to which the name relates in the register of appellations of origin; (b) on behalf of a foreign person, on the basis of an international agreement on reciprocal protection of appellation of origin concluded by the Republic of Albania. An appellation of origin is a collective right and may be used as such only by those who produce or market the product for which an appellation of origin has been established. Persons not authorized to use an appellation of origin may not use such appellation even they add the words "type", "style", "fashion", "produced as" or similar words. The protection of the appellation of origin shall be applicable against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.

According to Article 3 of the "Law on Industrial Property" (1994): (1) In order to be patentable, an invention shall be novel, shall involve an inventive step and shall be industrially applicable. (2) The following, in particular, shall not be regarded as inventions within the meaning of paragraph (1): (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information. (3) The provisions of paragraph (2) shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a patent application or patent relates to such subject-matter or activities as such. (4) A patent shall not be granted in respect of an invention the publication or exploitation of which would be contrary to public order or morality. (5) No patents shall be granted for substances obtained through internal nuclear transformations for military purposes. (6) No patents shall be granted for inventions of surgical, diagnostic or therapeutical methods practised on the human or animal body, as they shall be regarded as inventions which are not susceptible of industrial application within the meaning of paragraph (1). This provision shall not apply to inventions relating to substances and devices for use in any of these methods. (7) No patents shall be granted in respect of plant or animal varieties or essentially biological processes for the production of plants or animals this provision does not apply to microbiological processes or the products thereof.

According to Article 27 of the 'Law on Industrial Property" (1994): (1) Where the patent concerns a product, the owner of the patent shall have the right to prevent third parties from performing, without his authorization, the following acts: (a) the making of a product incorporating the protected invention; (b) the offering or the putting on the market of a product incorporating the protected invention, the using of such a product, or the importing or stocking of such a product for such offering or putting on the market; (c) the inducing of other parties to perform any of the above acts. (2) Where the patent concerns a process, the owner of the patent shall have the right to prevent third parties from performing, without his authorization, the following acts: (a) the using of a process which is the subject matter of the patent; (b) in respect of any product directly obtained by such process, any of the acts referred to in paragraph (1)(b), even where a patent cannot be obtained for the said product; (c) the inducing of other parties to perform any of the above acts. (3) The owner of a patent shall have no right to prevent third parties from performing, without his authorization, the acts referred to in paragraphs (1) and (2) in the following circumstances: (a) where the act concerns a product covered by the patent after it has been put on the market by the owner of the patent, or with his express consent, in the Republic of Albania or in any territory specified in the bilateral or multilateral agreements which have been acceded to by Republic of Albania; (b) where the act is done privately and for non-commercial purposes, provided that it does not significantly prejudice the economic interests of the owner of the patent; (c) where the act is done for purely experimental purposes or for scientific research; (d) where the act consists of the extemporaneous preparation for individual cases, in a pharmacy or by a medical doctor, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared. (4) A patent shall also confer on its owner the right to prevent third parties from supplying or offering to supply a person, other than a party entitled to exploit the patented invention, with means, relating to an element of that invention, for carrying it out, when the third party knows, or it is obvious in the circumstances, that those means are suitable and intended for carrying out that invention. This provision shall not apply when the means are staple commercial products and the circumstances of the supply of such products do not constitute inducement to infringe the patent.