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The Appellate Court of Tirana has upheld the decision of the First Instance Court of Tirana in Red Bull’s trade dress lawsuit against Albanian energy drink producer Arseni. This ruling is interesting in light of the total lack of Albanian case law on unfair competition, and represents encouraging news for trademark owners seeking to enforce their rights in the country.
07 October 2014
Law 55/2014, which amends Law No 9947 of July 7 2008 on Industrial Property, has entered into force. Among other things, the amendments have introduced significant novelties with regard to collective and certification trademarks. For example, as of July 10 2014, applicants are able to apply for and register certification trademarks for the first time.
18 July 2014
Within the context of a trade dress dispute, the First Instance Court of Tirana has recognised the well-known status of Red Bull GmbH's marks in Albania. Among other things, the court found that the blue/silver colour combination and the trapezoid-like graphic element constitute the most distinctive characteristics of Red Bull's marks, and that the marks have acquired distinctiveness through extensive use in the Albanian market.
11 June 2013
The Albanian Electronic and Postal Communication Authority, the registrar for '.al' domain names, has introduced amendments to the Regulation on the Registration and Administration of '.al' Domain Names and Subdomains. Importantly, foreign companies may now register '.al' domain names, while previously, this right belonged only to Albanian citizens and entities, or foreign companies with subsidiaries in the Albanian territory.
14 May 2013
The Appeal Board of the Patent and Trademark Office has held that there was a likelihood of confusion between the mark CHIPS’Y KING and the earlier CHiPSY marks. Interestingly, the board emphasised the importance of identifying the distinctive character of the marks when assessing the likelihood of confusion. This can be regarded as a step forward for Albanian practice because, previously, the board did not pay specific attention to this factor.
13 September 2012
The amendments to the Albanian Criminal Code have entered into force. 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.
30 April 2012
Three new IP regulations have entered into force. In particular, the new Regulation on the Registration of Trade and Service Marks allows third parties to file an opposition against an application for registration on relative grounds. In addition, the new regulation amends the procedure for filing domestic applications, as well as the rules on renewals, licences and assignments.
19 March 2009
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