Draft Law on Trademarks

DRAFT LAW ON TRADEMARKS

The Ministry of Finance and Economy has submitted the draft law “On Trademarks” (the Draft Law) for public consultation. The consultation process will conclude on 28.12.2023.

The Draft Law aims to achieve several objectives, as outlined below:

to regulate, through a specific law, the legal relationships related to trademarks, which are currently regulated by Law No. 9947, dated 7.7.2008, “On Industrial Property,” as amended,
to fully align the legal provisions with the European Union legislation in the field of trademarks, and
to address the legal deficiencies identified through administrative and judicial practice.

Additionally, the Draft Law envisions a series of changes aimed at aligning it with the European Union’s legal framework in the field of trademarks, as well as:

a. clarifies and elucidates the interpretation of legal provisions, including definitions

b. completes elements related to the absolute and relative causes for refusing signs that cannot be registered, as well as signs and trademarks that infringe upon the rights of owners of previously registered trademarks. In this context, the Draft Law prohibits agents or representatives of a trademark owner from registering a trademark in their own name that belongs to the real owner of the trademark;

c. clarifies the procedure for the registration and use of trademarks, as well as their transfer and licensing;

d. clarifies the classification of the list of goods/services and its treatment;

e. provides detailed treatment of the right of priority, including priority stemming from the initial display of goods or services at an international exhibition and continuing with prior registrations in other countries under the relevant international conventions to which Albania is a party;

f. improves measures for the protection of trademarks and the rights of trademark owners from infringements perpetrated by market speculators and manipulators. In this regard, the Draft Law envisages the right of trademark owners who are affected by infringing actions to bring forth evidence and secure remedies, to seek interim measures to prevent infringement, to withdraw from circulation, confiscate, and place under control goods suspected of infringing prior registered trademark rights, etc.

g. improves procedures for the revocation of a trademark due to non-use or reasons related to the declaration of the invalidity of the trademark after it has been registered in violation of absolute or relative grounds of the law.

h. details the procedures for the registration and protection of international trademarks registered with the World Intellectual Property Organization (WIPO) with effect in the territory of the Republic of Albania;

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