Albania

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: (top)
  • Name and Address of the Applicant
  • Representation of the Mark
  • List of Goods and Services according to Nice Classification 9th Edition (Classes 1-45)
  • Priority date, country and number if there any. The priority document can be submitted subsequently within three months as from the date of the submitted request
  • Power of Attorney
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled)
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
      PoA should be submitted within three months as from the date of the receipt of the official notification.
  • The document concerning rules of Trademark usage, in case of collective Marks
• Registration Procedure: (top)
  • The Application is filed with and examined by Albania Patents and Trademarks Office (Office)
  • The Office examines the Absolute and Relative Grounds of refusal
  • The registration procedure takes approximately 10-12 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: (top)
  • Upon payment of the registration fee, the Trademark is valid for 10 years as from the filing date
  • Upon payment of renewal fees and submission of the renewal request, the Trademark will be extended for another 10 years. The renewal fees can be paid in the last year of the initial ten years protection period, but not later than six months before expiration date of the trademark protection.
    If the request for the trademark renewal is not submitted in due time, it can be filed within an extended time period (after the expiration date) of six months against payment of an additional amount of 25% of the renewal fee.
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • The Power of Attorney simply signed by the Assignor or Assignee
    • If the applicant (Assignor or Assignee) is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant (Assignor or Assignee) is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
      PoA should be submitted within three months as from the date of receipt of the official notification
  • Assignment document - signed by the Assignor and the Assignee and duly notarized by Notary Public, should be submitted within three months as from the date of receipt of the official notification
  2. Change of name Requirements:
  • Power of Attorney indicating the new address
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled)
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp)
  • The document certifying the change of name of the trademark Owner - should be submitted within three months as from the date of receipt of the official notification
  3. Change of address Requirements:
  • Power of Attorney indicating the new address
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp)
  4. Registration of the Licensing Agreement Requirements:
  • Power of Attorney
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled)
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp)
  • The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of license agreement into local language can be filed within three months as from the receipt of official notification

Patents

• Filing a Conventional Application – Requirements (top)
  • 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:
    • Priority date
    • Priority number
    • Priority country
    • International Patents Classification Symbol of the earlier Patent Request Application
    • The Office wherein is submitted the earlier Patent Request Application if the request in question is submitted to a National or International Office
    
    Priority document – can be submitted subsequently, within three months as from the date of the submitted request
  • Power of Attorney
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
    
    PoA should be submitted within three months as from the date of receipt of the official notification.
  • 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 (top)
  • 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
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
    
    PoA should be submitted within three months as from the date of receipt of the official notification.
• The filing time limits for a National phase of PCT Application (top)
  • In respect of 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 (top)
  • 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 publication of patent Application, the decision on grant is to be issued and the publication date shall be considered as grand 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.
• Extension of the European Patent – requirements (top)
  • The extension of the European Patent can be claimed within 3(three) months as from the date of publication of the grant of the European Patent, by submitting to the Albanian Patents and Trademarks Office:
  • Albania translation of patent Claims should be submitted to the Office along with the request for extension of the European Patent.
  • Power of Attorney
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
    
    PoA should be submitted within three months as from the date of receipt of the official notification.
• Duration (top)
  • 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
  • Utility Models is valid 10 years as 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
  • 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: 1. Assignment of rights Requirements: (top)
  • The Power of Attorney simply signed by the Assignor or Assignee.
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
    
    PoA should be submitted within three months as from the date of receipt of the official notification.
  • Power of Attorney simply signed by the Assignee
  • Assignment document - signed by the Assignor and the Assignee and duly notarized by Public Notary, should be submitted within three months as from the date of receipt of the official notification
  2. Change of name Requirements:
  • The Power of Attorney indicating the new name of the Company
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
  • The document certifying the change of name of the patent Owner - should be submitted within three months as from the date of receipt of the official notification
  3. Change of address Requirements:
  • The Power of Attorney indicating the new address of the Company
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
  4. Registration of the Licensing Agreement Requirements:
  • Power of Attorney
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
  • The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of license agreement into local language can be filed within three months as from the receipt of official notification

Industrial Design

• Filing the Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the inventor/s or notice that the author/s chooses not to be mentioned in the application
  • A description of the design
  • A two dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for)
  • A sample of the product/s in which the design is proposed to be included
  • Information regarding the number of external shapes the protection is requested for
  • Drawings of the general appearance of the product, a prepared scheme, drawings or a model of the product, if necessary to clarify the essence of the design;
  • Full and short title of the Industrial Design
  • The claiming priority declaration, if there any – the priority date, filing date, application number as well as the Office where is filed the prior application. The application gets a priority right from the filing date of the first application on condition that the request is submitted with Albanian Patents and Trademarks Office (Office) within six months from the filing date of the first application. Subsequently, the priority document must be submitted within three months as from the date of the submitted request.
  • 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
  • Power of Attorney (PoA)
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
• Registration Procedure (top)
  • 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 Official Gazette of APTO. The registration procedure takes approximately 8-10 months as from the application date.
• Duration (top)
  • - 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: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignor or Assignee
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
    
    PoA should be submitted within three months as from the date of receipt of the official notification
  • Assignment document - signed by the Assignor and the Assignee and duly notarized by Public Notary, should be submitted within three months as from the date of receipt of the official notification
  2. Change of name Requirements:
  • Power of Attorney indicating the new name of the Company
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
  • The document certifying the change of name of the design Owner - should be submitted within three months as from the date of receipt of the official notification
  3. Change of address Requirements:
  • Power of Attorney indicating the new address of the Company
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
  4. Registration of the Licensing Agreement Requirements:
  • Power of Attorney
    • If the applicant is a Natural Person - The PoA should be signed by the applicant and duly notarized and legalized (or apostilled).
    • If the applicant is a Legal Person - The PoA should be signed by the Authorized Representative of the Company and should bear the Company seal (or stamp).
  • The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of license agreement into local language can be filed within 3 three months as from the receipt of official notification