Region: Albania

Proposed amendments to Law on Industrial Property

The Council of Ministers has approved the draft law “On some changes and amendments to Law No 9947, dated July 7 2008, on Industrial Property”. Among other things, the draft law introduces a definition of what constitutes a ‘trademark’, provides for the first time that a trademark application can be refused if it violates the rights conferred by an unregistered trademark, and introduces a new mechanism for the revocation and invalidation of a registered trademark.

27 January 2017

New regulation on customs enforcement enters into force in Albania

A new regulation on customs enforcement of IP rights, modelled after EU Regulation 608/2013, entered into force in Albania on January 12 2016.

27 May 2016

Amendments introduce definition of collective and certification marks for the first time

The Council of Ministers has enacted amendments to Decision No 1706 “On the Approval of the Regulation for the Registration of Trademarks and Service Marks”. Following the introduction of a new section entitled “Collective Trademarks”, the regulation gives a general definition of a 'collective trademark' for the first time. A new clause entitled "Certification Trademarks” has also been added.

29 September 2015

Courts show willingness to follow ECJ's criteria in trademark cases

In two recent decisions issued by the Administrative Appeal Court of Tirana and the First Instance Court of Tirana, both courts have found the criteria established by the ECJ to be an important source for Albanian trademark practice. Although the courts ruled in different types of proceedings (an opposition and a cancellation action), they both addressed IP-related issues that are rarely considered by Albanian courts.

04 September 2015

Appeal court confirms Braun's victory against importer of fake 'Brown' goods

The Appellate Court of Tirana has rejected an appeal lodged by an Albanian importer of epilators bearing the mark BROWN and upheld the decision of the First Instance Court of Tirana in favour of Braun GmbH. The ruling clarifies the extent of Albanian Customs’ authority to inspect and detain goods suspected of infringing trademark rights.

30 June 2015

Spar victorious in trademark and copyright infringement action against local competitor

The Appellate Court of Tirana has upheld a decision of the First Instance Court finding that the use by Albanian retailer Iliria DC of the marks DESPAR, INTERSPAR and EUROPSPAR infringed Spar International’s registered SPAR marks and its copyright in the SPAR logo.

13 April 2015

Global energy company victorious in opposition against local competitor

The Appeal Board of the Albanian Patent and Trademark Office has upheld an opposition by global energy company Repsol SA, the owner of international registrations for REPSOL, against the registration of the mark REXOIL by a Turkish competitor. The board found that the marks covered identical goods and that there was a considerable degree of visual and phonetic similarity.

04 March 2015

Amendment introduces bad-faith registration as ground for invalidity

In the latest amendment to the Law on Industrial Property, the legislature has dealt more extensively with the concept of ‘bad faith’ by introducing a ground for invalidity of a trademark registration: the first paragraph of Article 173 provides that interested persons can request that the court declare that a trademark is invalid in cases where the application for registration was made in bad faith.

30 January 2015

Decision clarifies scope of Customs' authority to seize and detain suspected infringing goods

The First Instance Court of Tirana has issued a highly anticipated decision in a case initiated by Braun GmbH against an Albanian importer. The court considered whether, under the Albanian Customs Regulation, the Albanian customs authorities can intercept and seize goods bearing marks that are confusingly similar to registered trademarks.

06 November 2014

Amended Law on Industrial Property seems to favour trademarks over trade names

The amendments to the Law on Industrial Property entered into force on July 10 2014. This update deals with the relation between earlier rights, such as trade names, and trademarks. In particular, with these latest amendments, it seems that the legislature has offered certain advantages to registered trademarks over trade names.

14 October 2014

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