IP infringement treated as criminal offence under amended Criminal Code


The amendments to the Albanian Criminal Code entered into force on April 11 2012. Before the amendments, the Criminal Code did not contain any provisions concerning the protection of intellectual property. However, new provisions dealing with fines and penalties applicable in case of infringement of IP rights have now been added.

Under the amendments, the production, use, release, distribution, trade, import or export of the following, deliberately and without the consent of the IP rights holder, constitutes a criminal offence:

  • a product or process protected by a patent;
  • a product protected by an industrial design;
  • goods and/or services protected by a trademark;
  • a product that derives from its place of origin; and
  • an integrated circuit topography product.

For these types of offences, the law prescribes a fine or a penalty of up to one year in prison.

If the infringement is carried out in collaboration with another party and more than once, the law prescribes a fine or a penalty of up to two years in prison.

Melina Nika, PETOŠEVIĆ, Tirana 

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