Trademark law changes - How cases of abuse of business names and logos will be handled
The Albanian market is increasingly facing conflicts between previously registered trademarks that have a good reputation and name in the market and the efforts of various persons to use trademarks identical or similar to previously registered trademarks, in order to benefit at the expense of the recognition they have.
These negative efforts not only harm the economic interests of reputable brand owners in the market, they also harm and distort the market and the interests of consumers.
To resolve all trademark issues and align the law with the European Union, the government has drafted a new bill that aims, among other things, to provide higher protection for businesses and consumers.
The draft provides for the right of trademark owners who are affected by infringing actions to file lawsuits, present and provide evidence, request interim measures to prevent an infringement, and to remove from circulation, confiscate and place under control goods that are suspected of infringing previously registered trademark rights.
The draft law elaborates in more detail the measures to be taken in case of violations of rights arising from trademarks, such as the prohibition of goods or services that infringe trademark rights, the removal or blocking from civil circulation of infringing goods or services, as well as the materials, equipment and tools used for the creation or production of these infringing goods or services.
The draft also addresses the compensation of damages incurred by previous trademark owners from infringements and attempts by infringers who abuse by using other owners' trademarks without authorization.
The draft law has supplemented and regulated details of elements such as absolute and relative grounds for the rejection of signs that cannot be registered, as well as signs and trademarks that infringe the rights of owners of previously registered trademarks, providing the latter with greater protection.
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