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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

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    Inside Views
    Inside Views: Interview With Vladimir Nika: Enforcing IP Rights In Albania 2010 – 2015

    Published on 12 April 2012 @ 5:43 am

    Disclaimer: the views expressed in this column are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

    Intellectual Property Watch

    In 2010, institutions in Albania created a strategy to help enforce intellectual property rights within a five-year timeframe. With the aim of social progress, foreign investment and European Union integration, Albania is working on creating an environment in which intellectual property rights are guaranteed. Intellectual Property Watch recently conducted a written Q and A with Vladimir Nika, Albanian office director for the Eastern European law firm PETOŠEVIĆ, on the progress and prospects for the Albanian legislature’s implementation of the 2010 IPR enforcement strategy.

    Intellectual Property Watch (IPW): Mr. Nika, please tell us a little about the strategy and its implementation. Do you think it is possible to finish by 2015, and what do you expect the results will be?

    Vladimir Nika (Nika): Albania is well aware that using the intellectual capital and providing a coherent framework for the protection of all types of intellectual activities is important for further social progress and for increasing the competitiveness of the country. Implementation of the IP strategy would create optimal conditions for foreign investments, for European integrations, employment opportunities and improve many more socially important aspects. In this context, the IP strategy document is a very important and useful instrument.

    The National Intellectual Property Strategy 2010 – 2015 was adopted by the Albanian government on September 1, 2010. I expect the following results:
    • amendment of the current Copyright Law
    • amendments to the Albanian Penal Code to recognize counterfeiting as a criminal offense
    • a law regulating the establishment of the Internal Market Inspectorate related to IP protection

    IPW: What key actions of the IP rights enforcement strategy have been completed since
    2010?

    Nika: The main achievements since 2010 are:

    - Cooperation agreements that have been signed between the General Directorate of Patents and Trademark and the General Directorate of Customs and between the Copyright Office and the General Directorate of Customs. They guarantee information exchange and training.

    - The amended Copyright Law is drafted and is now waiting for the parliament’s approval

    - The Law on General Safety of Food Products was passed in November 2011 and it came into force on December 26, 2011

    - The Law on Food Products Trading and Surveillance of Food Products Market was passed in December 2011 and it came into force on January 11, 2012

    IPW: Who worked on drafting the strategy and which institutions are involved in the implementation?

    Nika: The IP strategy was prepared by Lukáš Lorenc and Čermák Hořejš Matějka, attorneys at law from the Czech Republic, together with a local working group headed by the deputy minister of the Ministry of Integration.

    This project was supported by the EU’s Instrument for Pre-Accession Assistance (IPA) funds.

    The Albanian institutions directly involved are:
    - General Directorate of Patents and Trademarks (GDPT)
    - Albanian Copyright Office (ACO)
    - General Directorate of State Police (GDSP)
    - General Directorate of Customs (GDC)
    - Ministry of Justice (MoJ)
    - Market Inspectorate (MI)

    IPW: Six key institutions are involved in this project. What are the most important points of their action plans?

    Nika: The most important points of the action plans of the institutions involved are:

    GENERAL DIRECTORATE OF PATENT AND TRADEMARK (GDPT)
    Structural Amendments
    Personnel training
    Technical Equipment and Support
    Program training for ACO, GDSP, GDC.

    ALBANIAN COPYRIGHT OFFICE (ACO)

    Structural Amendments
    Technical Equipment and Support
    Education and Training (participation in the training program organized by GDPT)
    Amendment of the Albanian Copyright Law, including implementation of the Community Law and of all obligations set by the TRIPS agreement.

    GENERAL DIRECTORATE OF STATE POLICE (GDSP)
    Increase the number of professional staff members of the police in the field of the intellectual property rights protection
    Active participation of police officers in training program organized by GDPT.
    Investments in technical support

    GENERAL DIRECTORATE OF CUSTOMS

    Increase the number of professional staff members of the customs administration.
    Active participation of customs officers in training program organized by GDPT.
    Investments in technical support.

    MINISTRY OF JUSTICE

    Continue process of amending Criminal Code and Criminal Procedure Code in order to strengthen the position of IP right holders.
    Amend the legislation covering courts’ competences in Albania in order to establish only one court with competences in IP infringement.
    Obligatory training courses in IP matters for judges and prosecutors.

    MARKET INSPECTORATE
    Draft the new Law on Market Inspectorate
    Training of its inspectors in cooperation with GDPT and ACO in the field of IP.

    IPW: What do you see as the major challenges facing the Albanian institutions?

    Nika: In my opinion, the structural changes that need to take place will present the biggest challenge for Albanian institutions. Hiring qualified personnel, getting better organized and putting in place strong management are some of these structural challenges. Additionally, the improvement of technical support is another long-term challenge that will need to be met.

    IPW: What are the major problems the Albanian legislature hopes to solve with the IP strategy?

    Nika: It hopes to provide a more adequate and more effective protection of intellectual property rights in Albania.

    IPW: Will external IP experts help Albanian institutions with the strategy implementation?

    Nika: Yes, external IP experts are helping with implementing the strategy. The European Commission helped with amending the Copyright Law by providing their expert support.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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