September 10, 2025
As part of the its EU accession process, this law aligns with Regulation (EU) 2017/1001 on the EU trade mark, Directive (EU) 2015/2436 on the harmonization of trade mark laws across Member States, and Directive 2004/48/EC on the enforcement of intellectual property rights.
Parallel Imports
One of the biggest changes in the new law concerns parallel imports. Albania still applies the rule of national exhaustion, which means that a trade mark owner’s rights end only after the goods are first sold in Albania with their permission.
Under the old system, however, customs and market inspectors could only act against counterfeit goods. If genuine goods were imported without the trade mark owner’s permission, the owner had little chance to stop them unless they went to court.
The new law removes the narrow concept of counterfeit goods and allows trade mark owners to take action directly through customs and market authorities. This gives brand owners much stronger control over the way their products are distributed in Albania and makes the exhaustion rule easier to enforce in practice.
Bad-Faith Applications
The law introduces an express prohibition on trade mark applications filed in bad faith by agents or representatives without the consent of the trade mark owner.
In the past, it was not unusual for agents or representatives to apply for trade marks in their own name without the consent of the real owner. The new law now makes such applications clearly unlawful. They can be opposed and refused, protecting genuine brand owners from opportunistic or abusive registrations.
Clearer Rules on Refusal, Revocation, and Invalidity
The new law clarifies and systematizes the absolute and relative grounds for refusal of trade mark registration, incorporating EU practice. Grounds for revocation and invalidity now explicitly include non-use, bad faith, and violations of absolute or relative grounds. These changes bring Albania in line with international best practices, as reviewed by both WIPO and the EUIPO.
Stronger Enforcement Tools
Trade mark owners now have more powerful ways to enforce their rights. They can claim damages for infringement and act earlier in the production process.
For example, they may stop the making or use of packaging, labels, or security devices if these could later be used for infringing goods. The law also gives owners the right to stop counterfeit goods passing through Albania, even if the goods are not meant for the Albanian market, unless the importer can prove the goods are lawful in the destination country.
International Protection and the Madrid System
The law provides a clear framework for international trade mark protection under the Madrid System. It covers both Albanian applications seeking protection abroad and foreign applications that designate Albania. Detailed timelines and procedures are set out for how the Albanian IP office will cooperate with WIPO in handling refusals, oppositions, and extensions of protection.
This change makes the system more transparent for foreign companies and helps Albanian businesses secure international protection more efficiently.
