Locations

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Filing a National Phase of PCT Application – Requirements
• Time limits for filing a National phase of PCT Application
• Registration Procedure
• Extension of the European Patent – requirements
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Conventions

• TRIPs
• Paris Convention
• Madrid Agreement
• Madrid Protocol
• Nice Agreement
• PCT Convention
• Patent Law Treaty
• European Patent Convention (EPC)
• Hague Agreement concerning the International Registration of Industrial Designs
• Locarno Agreement

Law on Industrial Property valid as of April 27, 1994

Implementing regulations

• Decision of Council of Ministers no.1706, date 29 December 2008 “On the approval of the regulation on the registration of trademarks of goods and services”
• Decision of Council of Ministers no.381, date 08 April 2009 “On the approval of the regulation on the registration of industrial designs”
• Decision of Council of Ministers no.1707 date 29 December 2008 “On the approval of the regulation on the grant of patents for inventions and utility models”
• Decision of Council of Ministers no.883, date 13 May 2009 “On the approval of fees on Industrial Property Objects”

Trademarks

Filing the Application – Requirements

• Name and Address of the Applicant
• Representation of the Mark
• List of Goods and Services according to Nice Classification 11^th Edition (Classes 1-45)
• Priority date, country and number, if there any. The priority document can be submitted subsequently within three months from the filing date of the trademark application
• Power of Attorney signed and sealed by the applicant
• Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian Patents and Trademarks Office that there are missing documents
• The document concerning rules of Trademark usage, in case of collective Marks

Registration Procedure

• The Application is filed with and examined by the Albania Patents and Trademarks Office (Office)
• The Office examines the Absolute and Relative Grounds of refusal
• The registration procedure takes approximately 9-11 months as from the application date. The Decisions on grant are published in the IP Official Gazette of the Office. The Decisions on refusal can be appealed to the Board of Appeals within two months from the receipt of the refusal notification

Duration

• Upon payment of the registration fee, the trademark is valid for 10 years as from the filing date
• The registration can be renewed endlessly for further periods of 10 years
• The registration of a trademark may be renewed at the request of the proprietor, subject to payment of a renewal fee.
• The renewal fee can be paid in the last year of the ten years protection period, but not later than six months before the renewal date of the trademark. If the renewal fee is not paid within the renewal date, it can be paid within a grace period of six months after the renewal date, upon payment of an additional fee of 25% of the renewal fee.

Recording changes in the Register

• Assignment of rights Requirements

  • • The Power of Attorney simply signed by the Assignee with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
    • Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public, it can be submitted subsequently within three months from the notification date by the Albanian Patents and Trademarks Office that there are missing document

• Change of Name Requirements

  • • Power of Attorney indicating the new name, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
    • The notarized document certifying the change of name – it can be submitted within three months from the notification date of the Albanian Patents and Trademarks Office for completing the file with the missing documents

• Change of Address Requirements

  • • Power of Attorney indicating the new address, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

Registration of the Licensing Agreement Requirements

• The Power of Attorney simply signed by the Licensor and/or Licensee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
• The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of the license agreement into local language can be filed subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

Patents

Filing a Conventional Application – Requirements

• Name and address of the Applicant
• Names and addresses of the Inventors
• Description of Patent
• Patent Claims
• Drawings (if any);
• Abstract – summary of the invention;
• Claiming priority, if there any. The Priority Declaration Data

1. 1. 1. Priority data
      2. Priority number
      3. Priority country
      4. International Patents Classification Symbol of the earlier Patent Request Application
      5. The Office wherein is submitted the earlier Patent Request Application if the request in question is submitted to a National or International Office
      6. Priority document – can be submitted subsequently, within three months from the date of the submitted request

• Power of Attorney simply signed by the Applicant, with company seal applied
  The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
• The declaration of the Inventor/s proving rights assignment from him/them in favor of the Applicant. This declaration shall be formatted as a notarial act

Filing a National Phase of PCT Application – Requirements

• Name and address of the Applicant
• Names and addresses of the Inventors
• Description of Patent
• Patent Claims
• Drawings (if any)
• Abstract – summary of the invention
• Priority date, country and number
• International Search report
• International Preliminary Examination Report
• PCT Request
• Power of Attorney simply signed by the Applicant, with company seal applied
  The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.

The filing time limits for a National phase of PCT Application

• With respect to an international application for which the Republic of Albania is designated or elected and for which the applicant wishes to obtain protection, the applicant shall submit the application within thirty-one months from the application filing date or, if priority has been claimed, from the priority date at the Albanian Patents and Trademarks Office

Registration Procedure

• The Office is publishing the Patent Application within 18 months as from the Application date or the priority date if the priority has been claimed. Upon the publication of patent Application, the decision on grant is to be issued and the publication date shall be considered as registration date
• The interested parties can file an objection to the Decision on grant with the Board of Appeal of the Albanian Patents and Trademarks Office within 9 (nine) months as from the date of publication of the patent issuance.
• Response to the objections can be filed by the Applicant within 3 (three) months
• The decision of the Board of Appeal may be appealed to the court by the parties within 30 days from the date the decision reaches the Board of Appeal

Validation of the European Patent – requirements

• The validation of the European Patent can be filed with the Albanian Patents and Trademarks Office within 3 (three) months as from the publication date of the grant of the European Patent
• AN Albanian translation of patent Claims should be submitted to the Albanian Patents and Trademarks Office along with the request for the validation of the European Patent
• Power of Attorney simply signed by the Applicant, with company seal applied
  The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

Duration

• 20 years as from the application date for conventional Patents
• 20 years as from the International filing date for the National Phase of PCT patent
• 20 years as from the date of filing the European Patent Application for the EP
• The Utility Models is valid for 10 years form the application date
• Protection fees are to be paid annually, before the end of the year covered by the protection fees or six months after expiration of the protection period at the latest, along with a 50% fine
• The duration of patent for inventions in the field of pharmaceutical products (also called “Certificates of Additional Protection”) may be extended for an additional time period of up to five years from the date on which it takes effect

Recording changes in the Register

• Assignment of rights Requirements

  • • The Power of Attorney simply signed by the Assignor and/or Assignee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
    • Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public, it can be submitted within three months from the notification date of the Albanian Patents and Trademarks Office for completing the file with the missing documents

• Change of Name Requirements

  • • Power of Attorney indicating the new name, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by  the Albanian Patents and Trademarks Office that there are missing documents
    • The document certifying the change of name can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

• Change of address Requirements

• • • • Power of Attorney indicating the new address, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

Registration of the Licensing Agreement Requirements

• The Power of Attorney simply signed by the Licensor and/or Licensee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
• The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of the license agreement into local language can be filed subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

Industrial Design

Filing the Application – Requirements

• Name and address of the Applicant
• Reproduction of the design in the form of photographs or other graphic representations of the industrial designs
• Product or products in which the industrial design is proposed to be included
• Title of the industrial design
• A description of the industrial design
• Priority date, country and number, if there any
• Identity of the creator(s) of the industrial design
• A declaration of the creator/s that the industrial design has been assigned to the Applicant. This declaration has to be notarized
• A Power of Attorney simply signed by the Applicant, with company seal applied

Registration Procedure

• If all the requirements are met, the Albanian Patents and Trademarks Office will issue the Decision on grant of Industrial Design. The Decision will be published in the IP Official Gazette. The registration procedure takes approximately 8-10 months as from the application date

Duration

• The registration of a design is valid for five years, beginning from the date it is filed. A registration may be renewed against a set payment for an additional period of five years, up to a total time period of 25 years from the date the design is filed

Recording changes in the Register

• Assignment of rights Requirements

  • • The Power of Attorney simply signed by the Assignor and/or Assignee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
    • Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public, it can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

• Change of Name Requirements

  • • Power of Attorney indicating the new name, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
    • The document certifying the change of name can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

• Change of address Requirements

  • • Power of Attorney indicating the new address, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

Registration of the Licensing Agreement Requirements

• The Power of Attorney simply signed by the Licensor and/or Licensee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents
• The license Agreement – should be in written form, signed by the two parties and duly notarized. Translation of the license agreement into local language can be filed subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.