Decision of the Administrative College of the Supreme Court

Decision of the Administrative College of the Supreme Court

Principal facts

The plaintiff, B.K. has been designated by order of the Minister of Defense to be part of the working group for the improvement of the military uniform, ranks and insignia worn on the military uniform. In this context, a contract for the payment of B.K. was concluded for the

period 04.01.2003 – 11.30.2003.

The working group has presented several models, of which, the Directorate of Logistics has instructed to make reference to the catalog of the plaintiff, with regard to the shape and model, for the provision of decorations of the models of the new military uniform through the procurement procedures, since B.K. is a member of the working group. The B.K. submitted the

two-dimensional graphic models for all the objects procured for the military parade held by the Ministry of Defense during the month of September 2003. The B.K., by order of the Minister of Defense, was awarded for the work performed from the period 01.04. 2003 – 17.10.2003.

On the proposal of the Minister of Defense, the Council of Ministers decided with decision no. 124, dated 04.03.2004, “On the approval of the uniforms, ranks and insignia worn in the military uniform of the Armed Forces”, the approval of the uniforms, ranks and insignia worn in the military uniform of the structures of the Armed Forces of the Republic of Albania.

On 24.07.2007, B.K. addressed a lawsuit to the court of first instance in Tirana, requesting the obligation of the defendant (Ministry of Defense) to pay for the work performed as an artistic work protected by the law “On copyright”.

Decision of the Administrative College of the Supreme Court

The Administrative College of the Supreme Court determines that the plaintiff B.K. has carried out the works (for the improvement of military uniforms) within the framework of the work performed as a member of the working group, as set up by order of the Minister of Defense, and not as an external designer, who, in the end, markets this work as his product.

Additionally, in the assessment of the legal relationship established between B.K. and the Ministry of Defense, the Administrative College highlights that, in each correspondence, the Ministry of Defense has referred to B.K. as a member of the working group for the improvement of military uniforms, ranks and insignia worn on the military uniform. This legal relationship established between the plaintiff and the defendant does not create rights protected by law no. 9380 dated 28.04.2005 “On copyright”.

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