On February 18, 2025, Albania submitted a new draft law on trademarks to its Parliament, aiming to repeal the existing Law No. 9947 of July 7, 2008, “On Industrial Property”, as amended. The current law covers a broad spectrum of industrial property rights and business secrets, including patents, utility models, trademarks, industrial designs, and geographical indications (the “Draft Law”).
This proposed reform is designed to align Albania’s trademark legislation with key EU regulations, notably Regulation (EU) 2017/1001 on trademarks, Directive (EU) 2015/2436 on the harmonisation of trademark laws across Member States, and Directive 2004/48/EC on the enforcement of intellectual property rights, thereby enhancing adherence to international IP standards.
One of the primary objectives of the Draft Law is to reinforce the protection of international trademarks registered with the World Intellectual Property Organization (WIPO), ensuring their effective enforcement within Albania’s territory.
Key provisions in the Draft Law include clearer definitions and more detailed procedures concerning trademark registration, transfer, and licensing. It addresses both absolute and relative grounds for refusal and strengthens protection for prior trademark holders. Notably, the Draft Law introduces a prohibition on agents or representatives registering trademarks in their own names, aiming to prevent bad faith practices.
Furthermore, the proposed law enhances remedies for trademark infringements by allowing owners to seek compensation for damages and empowering authorities to take action against unauthorised use. It also bolsters the protection of international trademarks, collective marks, and certification marks in line with WIPO standards.
The Draft Law also clarifies the grounds for trademark revocation and invalidity, including non-use and violations of both absolute and relative grounds. It has been reviewed by WIPO and the EUIPO, with their feedback integrated to ensure alignment with international best practices.
The adoption of this new trademark law represents a significant step in Albania’s ongoing industrial property reform. It is expected to provide a stronger legal framework for trademark protection, enhance legal certainty for businesses, and foster a more competitive and transparent market environment in Albania.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
