On July 3, 2025, the Albanian Parliament adopted Law No. 52/2025 “On Trademarks”, repealing the trademark-specific provisions of the existing Law No. 9947, dated July 7, 2008, “On Industrial Property”, as amended (the “Law”). While the previous law governed a broad range of industrial property rights, including patents, utility models, trademarks, industrial designs, geographical indications, and business secrets, the newly adopted legislation focuses specifically on trademarks, modernising the national legal framework and enhancing its compliance with international standards.
The Law is fully aligned with key EU regulations, notably Regulation (EU) 2017/1001 on trademarks, Directive (EU) 2015/2436 on the harmonisation of trademark laws across Member States, and Directive 2004/48/EC on the enforcement of intellectual property rights, thereby enhancing adherence to international IP standards. By aligning with these instruments, the Law strengthens Albania’s integration into the European intellectual property system and enhances the legal certainty and predictability for rights holders operating within or targeting the Albanian market.
One of the central objectives of the Law is to reinforce the protection of international trademarks registered under the Madrid System with the World Intellectual Property Organisation (WIPO), ensuring effective enforcement within Albanian jurisdiction.
The Law introduces clearer definitions and more efficient procedures for the registration, transfer, and licensing of trademarks. It provides comprehensive guidance on both absolute and relative grounds for refusal, thereby enhancing legal certainty and facilitating administrative processing.
Notably, the new legislation reinforces the rights of prior trademark holders by aligning closely with EU standards, while also integrating practical experience drawn from Albanian enforcement practice. This combined approach ensures robust protection for trademark owners operating in both domestic and international markets.
A key innovation is the explicit prohibition of bad-faith filings by agents or representatives. The law provides that, in the absence of the trademark owner’s consent, any application filed by an agent in their own name may be opposed and refused. This provision addresses recurring issues in the Albanian IP landscape and reflects international principles of good-faith commercial conduct.
In addition, the law enhances enforcement mechanisms by enabling trademark owners to seek damages for infringement and by expanding the role of competent authorities in taking action against unauthorised use. Protections are also extended to international, collective, and certification marks in accordance with WIPO standards.
The grounds for revocation and invalidity are further clarified and now include non-use, violations of absolute or relative grounds, and bad faith filings. These provisions were reviewed by both WIPO and the EUIPO, ensuring that Albania’s legal framework is closely aligned with international best practices.
A Shift in Approach to Parallel Imports
One of the most notable policy shifts introduced by the new law relates to parallel imports, a persistent and often problematic phenomenon in the Albanian marketplace.
While Albania maintains the principle of national exhaustion, the previous legal framework allowed state authorities (customs or market surveillance inspectorates) to intervene only in cases involving counterfeit goods. This left trademark owners with limited tools to prevent unauthorised parallel imports unless a court order was obtained.
Under the new law, the term “counterfeited products” has been removed, thereby enabling trademark owners to initiate administrative procedures to block parallel imports directly through state enforcement authorities, such as customs or market surveillance bodies, without the prior requirement of a court order. This legislative shift significantly enhances the ability of rights holders to exercise control over the distribution of their goods in the Albanian market and mitigates the risk of market distortions caused by unauthorised imports.
The adoption of Law No. 52/2025 marks a significant milestone in Albania’s intellectual property reform. By providing a modernised and comprehensive legal framework for trademark protection, the law is expected to enhance legal certainty for businesses, reinforce enforcement mechanisms, and foster a more transparent and competitive market environment. Stakeholders, including rights holders, legal practitioners, and enforcement authorities, are encouraged to familiarise themselves with the new provisions and adapt their practices accordingly.
The Law was published in the Official Gazette on 1 August and will enter into force 15 days from the date of its publication.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
