Albania has recently adopted a new trade mark law and a new law on patents, utility models and supplementary protection certificates (SPCs), both of which entered into force on 16 August 2025.

While the new laws repeal previous regulations within the 2008 industrial property law, all procedures initiated prior to the entry into force of the new laws will be regulated by Law No. 9947 “On Industrial Property”, which still remains in force for industrial designs, geographical indications, and designations of origin.

Trade mark law

The new law aligns with Regulation (EU) 2017/1001, Directive (EU) 2015/2436 and Directive 2004/48/EC, which marks a major step forward in Albania’s EU integration process. Key updates include:

Substantive trade mark law changes

• The law prohibits the registration of traditional wine terms, names of protected plant varieties, and guaranteed traditional specialties.
• A trade mark registered by a representative or agent without the owner’s consent will be assigned to the owner.
• Trade mark ownership can be assigned based on a merger, a court decision or inheritance.
• Only sublicenses explicitly included in the master license agreement are recognised.
• The withdrawal of a registered trade mark for which a license has been recorded is not permitted without the licensee’s written consent.
• An exclusive license grants the licensee the right to initiate legal actions under certain conditions.
• Parallel import is prohibited, allowing trade mark owners to initiate administrative procedures directly with Albanian Customs or the Internal Market Inspectorate. However, if the importer objects, the case is brought to court.

Procedural reforms

• The deadline to respond to formal office actions has been shortened from three to two months.
• The deadline to file an appeal with the IPO’s Board of Appeal has been extended to 45 days.
• The deadline to respond to provisional refusals based on an opposition has been extended to four months.
• In opposition and invalidation proceedings, the opposed party may request proof of use of the earlier trade mark(s), provided that they have been registered for at least five years prior to the action. Failure to submit such proof results in rejection of the opposition or invalidation.
• Opposition proceedings may be suspended for up to 12 months upon joint request by the parties to reach an amicable resolution.
• Trade mark renewals can now be filed up to 12 months in advance, instead of six.
• Confidential information is now formally regulated in proceedings before the Albanian IPO.

International registrations

• International registrations designating Albania will undergo a formal examination of the specified goods and services.
• For international registrations designating Albania, owners of collective or certification marks must submit the corresponding regulations to the Albanian IPO in order for the registration to be effective.
• The revised legislation enables the replacement of national registrations with international registrations.

Patent law

The new patent law fully aligns with Directive 98/44/EC, Directive 2004/48/EC, Regulation (EC) No. 816/2006, Regulation (EC) No. 469/2009, Regulation (EU) 2019/933, Regulation (EC) No. 1610/96, and Regulation (EC) No. 1901/2006.
Key updates include:

Procedures and administration

• Unless already available, a search report must be conducted for national patent filings and may be requested from the Albanian IPO.
• It is no longer possible to file a patent opposition because the Albanian IPO does not conduct substantive examination, but it is possible to file an objection to a patent grant decision or initiate an invalidation action in court.
• Patent annuities are due for payment starting from the third year of the patent term.
• Patent ownership can be assigned based on a merger, a court decision, or inheritance.
• The deadline to file an appeal with the IPO’s Board of Appeal has been shortened from three to two months.

Supplementary Protection Certificates (SPCs)

• Paediatric extensions for SPCs are now available under the updated law.
• The new legislation introduces an exact calculation for SPC validity, replacing the previous system that applied whole-year terms.
• If the final year of an SPC's duration is shorter than 12 months, a proportional annuity fee applies and must be paid alongside the full fee for the preceding year.
• A single holder of multiple patents for the same plant protection product may be granted only one SPC for that product. However, if multiple applications for the same product are filed by different patent holders, each holder is entitled to an SPC.
• Rights and limitations stemming from SPCs are now explicitly regulated under the updated legal framework.
• SPCs will be recorded in a dedicated register maintained by the Albanian IPO.

The Council of Ministers is expected to approve the relevant bylaws and regulations for the complete implementation of the new laws within nine months from their entry into force.