Trade secret

Recently, the law that has changed is the one on Industrial Property, now makng part of it even the trade secret. Approval of law no. 96 date 07.07.2021 brought some innovations in order to strengthen the protection of industrial property objects. Below we inform you of the innovations that the update of this law has brought.

Firstly, with the new changes, as an object of industrial property are also the designations of origin. “Designation of origin” is the name that identifies a product:

  • originating from a specific country, region or, in special cases, a state;
  • whose qualities or characteristics come, exclusively or essentially, as a result of a particular geographical environment, including natural and human factors, inherited from that environment;
  • At steps for the production of which are realized in the defined geographical area.

In case the application for patent is rejected or in case the request for opposition of the patent against the decision of the board of appeal is rejected, an appeal can be made in court within 45 days.

  1. Trade secret

trade secret

The most interesting innovation brought by this law is the fact that trade secrets are already included in industrial property. But what are trade secrets?

Trade secret is the type of information which has commercial value and is not widely known or easily accessible to persons who generally deal with the type of information in question.

Thus, the main purpose of including trade secrets in industrial property is to protect against the misappropriation, use and public disclosure of trade secrets. This law also defines the measures, procedures and legal remedies that are implemented to ensure the protection of trade secret rights and the possibility of civil compensation against the illegal acquisition, use and disclosure of trade secret.

This means that trade secrets are protected in all cases, even when a lawsuit has been filed in court in connection with a breach of the right to trade secret, the litigants who are made aware of the information that is a trade secret have the obligation not to make this information public even after the end of the court process.

Another change brought by this law is related to industrial design, where the element of innovation and individual character of the latter will be reviewed by DPPI following the publication of the design only in case of filing a request for objection or repeal by the party. third.

  1. SAPI and ISHMT

Following the changes, this law, in order to protect the objects of industrial property, created tow new institutions as follows:

  • Industrial Property Management System (SAPI)
  • State Inspectorate of Market Surveillance (ISHMT)

The General Directorate of Industrial Property has already created and administers the state database for the Industrial Property Management System. SAPI is the electronic tool, including the database, for the administration of industrial property objects. It represents the unique register that collects and processes the data of industrial property objects, including all requests related to industrial property objects deposited by individuals or local or foreign entities in the Republic of Albania, in accordance with the legislation in force for industrial property.

The State Inspectorate of Market Surveillance (ISHMT) is responsible for monitoring and guaranteeing the respect of industrial property rights when there are reasonable grounds for suspecting that an industrial property right has been violated by goods that have been placed on the market and are in service or use in the territory of the Republic of Albania, after release for free circulation by the customs authorities. This body acts ex-officio or on the basis of a request-complaint for inspection of the right holder.

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