New IP regulations enter into force
Legal updates: case law analysis and intelligence
Three new IP regulations have entered into force. These are:
- The Regulation on the Issuance of Patents for Inventions and Utility Models;
- The Regulation on the Registration of Trade and Service Marks; and
- The Regulation on the Registration of Geographical Indicators.
All three regulations were adopted under the Law on Industrial Property, which came into force on November 1 2008.
The new Regulation on the Issuance of Patents for Inventions and Utility Models entered into force on February 9 2009, while the Regulation on the Registration of Trade and Service Marks entered into force on February 4 2009.
The new regulation on trade and service marks allows third parties to file an opposition against an application for registration on relative grounds. Under the previous law, oppositions could be filed only on absolute grounds. The regulation also outlines detailed procedures for filing an opposition.
In addition, the new regulation amends:
- the procedure for filing domestic applications and for the examination of such marks by the Albanian Patent and Trademark Office;
- the procedure for filing applications for international registration of marks and for the examination of such marks by the office;
- the rules and procedures for territorial extension of international trademark protection; and
- the rules and procedures concerning renewals, licences and assignments.
An increase in the fees for the registration of industrial property rights is expected to be announced soon.
The lack of legal provisions on geographical indicators in Albania was addressed by the new Regulation on the Registration of Geographical Indicators, which came into force on January 22 2009. Among other things, the new regulation outlines procedures for submitting an application for the registration of geographical indicators to the office, as well as rules for the examination of such indicators by the office.
Vladimir Nika, SD Petosevic, Tirana
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