Designs, new legal framework for business - Draft law ready, European standards for industrial design
The draft law "On Designs" has been released for public consultation, an initiative that aims to modernize the legal framework for the protection of industrial designs and align it with European Union standards and international agreements in the field of intellectual property.
The draft law regulates the conditions and procedures for the registration of designs in the Republic of Albania, as well as determines the rights deriving from this registration. According to the initiative, legal protection of a design is obtained only through registration with the General Directorate of Industrial Property, which will be the authority responsible for the administration and publication of data on designs.
The draft law states that a design to be protected must be new and have an individual character, clearly distinguishable from any other design previously made public. Designs that are dictated solely by the technical function of the product, as well as those that conflict with public order, morality or contain state symbols and elements of cultural heritage without authorization, are excluded from protection.
Special attention is also paid to designs created in an employment relationship or by order. The draft law stipulates that, in these cases, the right to protection belongs to the employer or the customer, but also provides for the right to compensation for the employee, if the design has a higher economic value than that initially foreseen.
The law also regulates the licensing of designs, distinguishing between exclusive and non-exclusive licenses, and strengthens mechanisms against infringements, including the trade in pirated goods. The responsible authorities will have expanded powers for the supervision of the internal market and the protection of industrial property rights.
The draft law also provides for the use of electronic applications and services for the registration and administration of designs, with the aim of increasing transparency, efficiency and access of businesses and creators to the industrial property system.
This legal initiative aims to create a safer climate for innovation, design and investment, as well as strengthen Albania's role in the international intellectual property protection system.
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