A new regulation on customs enforcement of intellectual property
rights, modeled after the EU Regulation No. 608/2013, entered into
force in Albania on January 12, 2016.
The new regulation introduces an exhaustive list and definitions
of IP rights, in line with Albania's IP laws. It also clearly
specifies the procedures and deadlines that the Albanian customs
authorities and/or IPR owners should follow in case of suspected
The new regulation also introduced a new application for action
form, similar to the EU form used under the EU Regulation. The
application for action may be submitted either electronically or in
hard copy. Currently, electronic submission is only possible by
email, as the customs authorities are still developing the online
The new application must contain mandatory information on
genuine goods, comprising (i) a more detailed description of goods
including average market price and distinctive features; (ii)
places of production; (iii) names of involved companies such as
manufacturers, suppliers, importers, exporters, consignees and
authorized traders. Omitting mandatory information may lead to
rejection of application.
Finally, the new application is to be submitted upon or at any
time before the expiration of the application for action granted
under the former regulation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The focus on the product being obvious or anticipated as at a certain date provides powerful protection and commercial certainty without conflicting with a patentee's ability to obtain patent protection.
Following the UK Government's announcement that it will ratify the Unified Patent Court Agreement, the Unitary Patent and Unified Patent Court (UPC) are expected to go live in December 2017.
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