European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3

Protection of intellectual and industrial property rights

In order to address commitments deriving from Article 73 of the SAA, the General Directorate of Patents and Marks (GDPT) is working to:

• 
  Establish a more flexible organisational and financial structure;
  
• 
  Establish a legal framework to improve its electronic and communication services;
  
• 
  Draft the criteria for the establishment of well-known marks;
  
• 
  Draft criteria for the assignment of experts to assist in courts of various instances and the prosecutor’s office on the assignment of IP experts;
  
• 
  Strengthen the IPR examination and application system;
  
• 
  Change the structure and functioning of its Appeal Board, to increase institutional competences and improve the decision making process;
  
• 
  Define its competences on the deregistration of trademarks and ex-officio incentives;
  
• 
  Review legal grounds for authorised representatives.
  

The GDPT has cooperated with institutions of the Technical Secretariat of the National IPR Strategy 2010-2015 to regularly monitor the realisation of the latter’s objectives. To this aim, the GDPT has compiled a total of three reports, one on the results of 2013, and two for 2014.

• 
  On 19 February 2014 to analyse the 2013 progress,
  
• 
  On 21 July 2014 to analyse the progress of the first semester of 2014,
  
• 
  On 3 February 2015 to analyse the progress of the second semester of 2014.
  

These meetings focused on the abovementioned reports prepared by the GDPT, served to analyse the progress for each objective and assign future tasks. The institutional coordination of the working group has been successful. The minutes of meeting and the assessment report were translated, and have been sent to EC. The GDPT will continue to implement and monitor the Strategy pursuant to its legal obligations, until completion.

• 
  On 24 October 2014 in Fieri;
  
• 
  On 27 October 2014 in Vlora;
  
• 
  On 6-7 November 2014 in Gjirokastra;
  
• 
  On 11-12 November 2014 in Korça; and
  
• 
  On 20 November 2014 in Durrësi.
  

In order to fulfil commitments of the National IPR Strategy 2010-2015, the GDPT:

• 
  On 18 February 2014, the GDPT, in the fifth EU – Albania subcommittee meeting on Agriculture and Fishing, presented a material on Geographical Indicators, and related amendments to the draft law on Industrial Property. These amendments aim to completely approximate the Albanian legislation with that of EU countries.
  
• 
  On 24 April 2014, the GDPT has participated in the meeting of the Steering Committee of the MADA project with the topic “Sustainable rural development in the Balkan mountain areas”. Among the topics discussed during the meeting was that of Geographical Indicators in Albania.
  
• 
  On 8 April 2014, the American Chamber of Commerce organised a meeting with Right Holders on issues of IPRs. The GDPT introduced current legislation and situation in Albania, its current achievements and future engagements as set forth in the National IPR Strategy 2010 – 2015.
  
• 
  On 25 April 2014, the GDPT was part of the round table organised by the Chamber of Commerce and Industry France – Albania (CCIFA), supported by the Embassy of France. The aim of this round table was to provide information on the European legal framework in the field of the protection of geographical denominations, the Biodiv Balkans Project that France is funding in Albania, and the first implemented practices in this framework. During this meeting a fair was organised with agricultural products.
  
• 
  On 22 May 2014, in the framework of the “EU Twinning AL2011/IB/FI/01” project, the GDC, in cooperation with the GDPT, organised a workshop at the AGNA Group premises called “Progress and challenges in the area of Intellectual Property”. Lawyers dealing with IP issues and right holders discussed on the struggle against counterfeited products.
  
• 
  On 30 September 2014, the GDPT organised in its premises a meeting with Authorised Representatives on “Amendments to Law No 9947 of 7.07.2008 “On Industrial Property” regarding the Trademarks and Service Marks, Industrial Designs and Geographical Indications”.
  
• 
  On 16 October 2014, the GDPT organised in its premises a meeting with the Authorised Representatives with the topic “Amendments to Law No No 9947 of 7.07.2008 “On Industrial Property” regarding invention patents and utility models”. These meetings were intended to introduce the Authorised Representatives to the approved amendments of Law 55/2014 of 29.05.2014 “On some amendments and addenda to Law No 9947 of 7.07.2008 “On Industrial Property” as amended”.
  
• 
  On 21 November 2014, the GDPT, in cooperation with the Polytechnic University of Tirana, organised a training seminar on “Invention patents and their effect in the economic development of the country”. Students were trained on the concept of the patent, its benefits and the methods to protect it. Furthermore, students were informed on ways to search for a patent in the official web pages of the GDPT, WIPO and EPO. Over 50 students attended the training.
  
• 
  On 23 and 29 December 2014, the GDPT started efforts to address its legal deficiencies, with respect to strengthening IPR in Albania. Pursuant to this, the GDPT organised meetings in its premises with Patent Authorised Representatives.
  

In order to address the recommendations of the Peer Assessment Review Mission the two draft laws in the field of Industrial Property have been approved. Law No 55/2014 of 29.05.2014 “On some amendments and addenda to Law No 9947 of 7.07.2008 “On industrial property” was approved. On 26.6.2014, Law No 66/2014 of 29.06.2014 “On some amendments and addenda to Law No 8488 of 13.05.1999 “On the protection of topographies of integrated circuits”, was approved. Currently, the legislation in the area of Industrial Property is fully approximated to that of EU countries.

In addition to the increase in the budget fund and the additional nine employees, the GDPT is awaiting the approval of its new structure. At present, the Department of Public Administration is reviewing the draft structure to submit it to the Prime Minister for approval.

• 
  On 7 – 11 July 2014, two representatives from GDPT took part in a seminar organized by EPO and OHIM with theme “IP Executive week” in Munich, Germany. In this seminar have been addressed important topics for further development of IP objects (Patents & Trademarks). In this workshop were representatives from all over the world.
  
• 
  On 8 – 11 September 2014, two representatives of GDPT took part in the training “PI04-2014 – Patent searching for beginners” at Vienna. This training is financed by EPO.
  
• 
  On 9 – 10 December 2014, two representatives of GDPT took part in the training “IP Essentials for EU Officials”, at Brussels, Belgium. The OHIM, EPO and EU finance this training.
  

During this year the GDPT realised and participated in a series of promotional and training activities in the field of Industrial Property. More specifically:

• 
  The GDPT participated in the National Mobile Fair 2014 in Vlora on 6 – 8 June 2014, in Korça on 20 – 22 June 2014, and in Shkodra on 27 – 29 June 2014 and in Gjirokastra on 17 – 20 September 2014. The National Mobile Fairs focused on businesses, and represented an opportunity to promote Industrial Property, marks, patents, industrial designs and geographical indications, and the importance of registering.
  

• 
  The GDPT organised a seminar with students of the Polytechnic University of Tirana on patents, their protection and the electronic search for patents at the online registers of the GDPT, EPO and WIPO.
  
• 
  The GDPT intends to open a second information centre regarding patents in the city of Vlora.
  
• 
  The GDPT minimised the application fee, issuance of patents and utility models for students, pensioners and people with disabilities to provide a friendly environment.
  
• 
  The GDPT prepared a schedule of trainings focused on stakeholders, small and medium enterprises and the Faculties of Economics and Law of the University of Tirana.
  
• 
  On 26 April 2014, the GDPT completed a campaign aiming to raise public awareness on the importance of IPR protection and patent and trademark registration.
  
• 
  In cooperation with the International Chamber of Commerce, the GDPT participated in the Book and Visual Arts festival, organised by the National History Museum, to promote IPR. The activities of the Intellectual Property Day also consisted of the distribution of bulletins, displaying of posters with images and awareness raising messages and on the transmission of a summarising report on these activities featured in the news edition on A1 Report TV channel.
  
• 
  The GDPT in cooperation with the Polytechnic University of Tirana organised a workshop with the students of the Mechanical Engineering Faculty.
  
• 
  The GDPT initiated an awareness raising campaign, extended throughout the whole Albanian territory. This cycle of business training seminars started in Vlora on 17 November 2014 and continued with the trainings held in Korça on 24 – 25 November 2014. Representatives from GDPT presented information related to Industrial Property objects, such as: Trademarks and service marks, invention patents and geographical indicators. They emphasised their importance in the economic development, their registration procedures and the electronic services GDPT provides. The registration of Industrial Property objects enables the companies to protect themselves from unfair competition and prohibits other companies to use trademarks similar or identical to their previously registered trademark. These seminars were attended by around 82 businesses.
  
• 
  On 11 December 2014, the cycle of business training seminars continued in Durrës. GDPT representatives presented information related to Industrial Property, its importance in the economic development, its registration procedures and the electronic services the GDPT provides. These seminars were attended by approximately 35 businesses.
  

The GDPT will continue its work to focus on the registration of traditional Albanian products by strongly promoting the registration of geographical indicators.

• 
  In 11 cases it accepted the request and in 11 cases rejected applications for trademark registration;
  
• 
  In 12 cases it rejected requests and continued trademark registration procedures;
  
• 
  In two cases it rejected the review of the request;
  
• 
  In six cases it decided on the suspensions of reviews due to trademark withdrawal or rejected requests;
  
• 
  In one case it decided on the partial abrogation of the rejection request and rejection of trademark application;
  
• 
  In five cases Board decisions were appealed at the Judicial District Court of Tirana, and seven of the Board decisions were appealed at the First Instance Court.
  

During 2014, the judicial sector followed 23 cases in the Judicial District Court of Tirana, where the GDPT was called as defendant or third person, out of which:

• 
  The subject of three cases was the abrogation of a registered trademark due to violation of the rights of a previous trademark;
  

• 
  The subject of five cases was the appeal of a decision from the Board of Appeal on the request to abrogate the registration of a published trademark due to the violation of previous rights;
  
• 
  The subject of two cases was the termination of illegal competition;
  
• 
  The subject of three cases was the invalidity of a trademark;
  
• 
  The subject of one case was the termination of the violation of rights;
  
• 
  The subject of five cases was the devaluation of a registered trademark;
  
• 
  The subject of one case was unfair competition;
  
• 
  The subject of two cases was the prohibition to use a trademark; and
  
• 
  The subject of one case was the payment for the use of patent.
  

The Tirana Judicial District Court, during 2014, has decided on two cases aiming to abrogate a registered trademark, where the GDPT acted as a party, thus deciding:

• 
  eight cases aimed at the cancellation of the decision of the BoA of the GDPT;
  

• 
  six cases aimed at the abrogation of an administrative act;
  
• 
  one case aimed at the declaration of invalidity referring to Order No 02 of 3.01.2014;
  
• 
  one case aimed to dismiss the judge.
  

During 2014, the Tirana First Instance Court decided on five cases, where the GDPT acted as a party, reaching the following decisions:

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  In two cases decisions of the BoA of the GDPT prevailed;
  
• 
  In one case the decision of the BoA of the GDPT was abrogated;
  
• 
  In one case a partial approval of the complaint to abrogate the employment termination order was decided; and
  
• 
  In one case plaintiff request to dismiss the judge was rejected.
  

During 2014, the judicial sector followed up on five court cases at Tirana Court of Appeal.

• 
  four cases aiming at the abrogation of trademark registration;
  
• 
  one case aiming at the devaluation of a trademark.
  

In 2014, the Tirana Court of Appeal decided on two cases:

• 
  In one case it was decided on the prevail of the decision of Tirana Judicial District Court on abrogation of trademark registration; and
  
• 
  In one case it decided on the abrogation of Tirana Judicial District Court decision on the devaluation of the Board decision.
  

During 2014, the judicial sector followed up on two court cases at the Administrative Court of Appeal in Tirana, aiming at the abrogation of the BoA of the GDPT decisions and devaluation of patents. The Tirana Administrative Court of Appeal has decided on two cases in which prevailed the decisions of the BoA of the GDPT. During 2014, the judicial sector has followed up on four court cases at Tirana Supreme Court aiming at a trademark deregistration. In one case, the Supreme Court decided for a suspension from the defendant on the suspension of the Court of Appeal decision.

• 
  The number of trademark applications increased from 775 in 2013 to 905 in 2014, making for a 16.8% yearly increase. More importantly, an increase was noticed in the number of national applications, from 376 applications in 2013 to 421 in 2014, marking a yearly increase of 11.9%.
  
• 
  The number of patent applications increased from 348 in 2013, to 423 in 2014, making for a 21.6% yearly increase. A very good indicator is this year’s significant increase in the number of national patent from four in 2013, to 11 in 2014, making for a yearly increase of 175%.
  
• 
  The number of Industrial design applications increased from 8 in 2013, to 15 in 2014, thus making for an 87.5% yearly increase.
  

The abovementioned data are presented in the chart below:

• 
  A draft decision “On some addenda and amendments to Decision of Council of Ministers No 205 of 13.04.1999 on the Customs Code Implementing Provisions, which is in full compliance with Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.
  

• 
  A draft manual for custom officers based on the manual compiled following the EU Regulation 608/2013.
  
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  A draft directive for IT tools based on Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.
  
• 
  An Action Plan for the Strategy for IPR Protection by the GDC.
  

During 2014, the GDP took legal initiatives to:

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  Amend the Criminal Code, so that to include a new article for counterfeited medicines;
  
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  Amend the Criminal Procedure Code (CPC) for the GDP to have more investigative powers with respect to IPR infringements. The GDP proposed amendments to Articles 59 and 284 of the CPC. Articles 148 (Publication of another person’s work with own name) and 149 (Unlawful reproduction of the work another) of the CPC so that they be followed by complain at judicial police.
  

During November 2014, the GDP planned and conducted two one-day training sessions at the Police Training Centre, with experts and support specialists on investigation of economic and financial crime structures, on the “Protection of Intellectual and Industrial Property Rights”.

• 
  Television Piracy, a national operation, during the December 2013 – April 2014 period, carried out in the whole country. During this operation a total of 65 cable-transmitting operators were controlled. 49 entities violating IPR, as per Article 149/a of Criminal Code, were identified and prosecuted. However, 50 persons are being persecuted in their absence. During the operation, considerable amounts of TV transmitting devices such as servers, decoders, parabolic antennas, satellite and terrestrial broadcasting handsets, Digitalb, Tring, and Sky TV cards were seized.
  

• 
  White Mercury II, an international operation was organized based on the joint operation of the GDP, the GDC, the ACO, and GDT. The purpose of this operation is to combat the IPR infringement, as well as the production and trafficking counterfeit/illicit goods.
  

A series of warehouses, fabrics, entities, wholesale and retail trading companies, and vehicles suspected of transporting counterfeited goods were controlled. The searches were conducted jointly with other participating institutions like the Regional Tax Investigation Directorate, Customs Investigation Directorate and the ACO. The achieved results can be listed as follows:

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  A total of 411 commercial entities, individuals, workshops and transport vehicles were controlled;
  
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  A total of 36 entities were prosecuted for IPR infringement as per Article 149/a, of the Criminal Code;
  
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  A total of 25 entities were prosecuted for smuggling illegal products, forged stamps, seals and forms, hiding income, etc., as per Articles 174, 178, 190, 288 / a and 180 of the Criminal Code;
  
• 
  54 individuals were prosecuted;
  
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  10 individuals were caught in the act; and
  
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  A total of 2,100,000 million ALL were placed as fines.
  

The increasing awareness of the public, businesses and interest groups with reference to IPR, had made that during 2014 a significant number of subjects are addressed to the structures for economic and financial crime in the GDP, by making criminal charges against various entities that have violated the rights of industrial property of goods or items that they produce or trade. The following companies have presented criminal denunciation:

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  Agna Group on tobacco trademark Karelia Slims;
  
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  Mega STORE blood glycaemia measurement brands One Touch Select and Ultra;
  
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  DIGITALB on television transmitting service and Supersport,
  
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  TRING on television transmitting service of Tring TV Channels, etc.
  

During 2014, the GDP carried out procedural investigations and it referred to the respective Prosecution Office 80 different cases on the criminal offences of “Infringements of Industrial Property Rights” and “Illegal Production”, foreseen by Articles 149/a and 288/a of the Criminal Code. A total of 87 criminal perpetrators were registered, out of which 14 perpetrators were caught in the act, while 73 perpetrators are prosecuted while free.

The GDC provided to the destruction of the following quantities of goods:

• 
  Institutional coordination to implement the strategy has been enhanced. Testament to this is the cooperation between the Albanian Copyright Office (ACO) and the Agency for Post and Electronic Communications (AEPC). 36 web pages communicating unauthorized cinematographic and audiovisual works to the public were blocked. This cooperation is to continue in the future. A Memorandum of Understanding will be signed in the near future between ACO and AEPC to formalize the joint initiative. This cooperation will continue until the blocking all unauthorized websites which make ​​available to the public various cinematographic and/or audiovisual works.
  

• 
  ACO has continued to advocate with the Ministry of Education and Sport regarding the inclusion in the school curricula of copyright and IPR concepts. The introduction in the school curricula of copyright, as provided in the Strategy, is paramount to prevent piracy and counterfeits. This process will be completed in 2015.
  
• 
  In addition, ACO has signed a Memorandum of Understanding and joint work programmes with the Competition Authority and the Media and Audiovisual Authority (AMA). Both are institutions that play a key role in the process of enforcement of legislation on copyright in the Republic of Albania.
  
• 
  ACO has also signed a Memorandum of Understanding with the General Directory of Taxation and the Union of the Chambers of Commerce and Industry. In cooperation with the Chambers of Commerce, ACO has organized roundtables with users (bars, hotel, coffee shops, call centers, TV and cable operators, and radio stations) in the all districts of Albania, to inform them on the obligations deriving from the law on copyright and related rights.
  

• 
  As regard to the process of registration certification to ACO
  

A total of 124 applications were deposited at the ACO for the registration and certification of copyrighted work, registrations of contracts and transfers of rights.

• 
  Data on inspections and administrative measures (Fines)
  

As regard to market monitoring through inspection and administrative measures for subjects who didn`t fulfil the obligations deriving from Law No 9380 of 28.04.2005 “On copyright and other rights related to it” find detailed information for reporting period:

1. 
   Bar – Coffee
   
2. 
   Video techs
   
3. 
   Call Centre
   
4. 
   PC Shops
   
5. 
   Library
   
6. 
   Photocopy
   
7. 
   TV
   
8. 
   Radio
   
9. 
   TV Cable Operator
   
10. 
    Hotels
    

More monitoring and inspections are planned in all other regions of the Republic of Albania.

• 
  In 16 cases the parties agreed on dispute settlement;
  

• 
  In one case the parties did not reach an agreement;
  
• 
  In one case the accusing party abandoned administrative procedures;
  
• 
  In six cases the ACO suspended administrative investigations at the request of denunciators, or lack of passive legitimacy;
  
• 
  In 29 cases the ACO followed with administrative investigations and decided in favour of requesting parties based on gathered evidence;
  
• 
  In 12 cases, submitted requests were incomplete and not in compliance with the Administrative Procedure Code;
  
• 
  In 47 cases the requesting party has renounced claims; and
  
• 
  In 82 cases the ACO is still considering appeals submitted by the parties.
  

• 
  In three judicial proceedings the ACO acted as a third party; out of these two are still developing at the Tirana District Court;
  
• 
  One judicial proceeding was dismissed by the District Court of Tirana;
  
• 
  In five judicial processes the ACO acted as the defendant;
  
• 
  In one judicial process is judged on the Court of Appeals of Tirana, which has declared non-competence and decided submitting acts at the Administrative Appeals Tribunal for consideration;
  
• 
  In one judicial process, the Administrative Court of First Instance of Tirana decided in favour of the accusation. The decision was taken to the Administrative Court of Appeal;
  
• 
  The Administrative Courts of First Instance of Tirana and Durres are reviewing three judicial processes.
  

• 
  The Court is reviewing five claims for the issuance of the Order of Execution.
  
• 
  The Court rejected four claims on the issuance of the Order of Execution. In the latter cases, the ACO exercised its right of appeal. The Court of Appeal has reviewed one of the appeals, and has decided that the ruling of the Administrative Court of First Instance of Durrësi was not in accordance with the law and accepted the ACO's request.
  
• 
  The court accepted 14 claims on the issuance of the Order of Execution, but the decision has not been published in all of the cases within the terms established by the Code of Civil Procedure.
  

ACO has requested the execution of executive titles by bailiff Offices in 10 cases, seven of which were executed in its entirety, and three are still in the process of execution.

• 
  In 15 cases requests for appeal were upheld to administrative measures;
  
• 
  In one case the ACO decided to revoke the administrative measure as the entity was removed from the National Registration Centre (NRC). The case was forwarded to appropriate authorities; and
  
• 
  In two cases requests for appeal are being reviewed.
  

• 
  “ALBAUTOR” Agency for the protection of Copyright in the field of music and mechanical rights;
  

• 
  “FMAA” Forum for protection of producers and screen-writers of the Albanian cinematography and audiovisual works;
  
• 
  “AKDIE” Agency for protecting rights of artists and performers;
  
• 
  “AMP” Agency for protecting the related rights of phonograph producers.
  

As regard to the Collective Management Agency ALBAUTOR:

Our office cooperates also in regular basis with USAID Microsoft Albania, American Chamber of Commerce to which has been fruitful cooperation.

• 
  On 26 February 2014, a “National Seminar on Copyright for Industry Publications” was held with support by the WIPO. The event was attended by around 70 participants from the publishers' associations as other groups of this category, publishing houses, public and private universities, representatives of the Ministry of Education and Ministry of Culture, as well as representatives of other institutions involved in the process of enforcement legislation on copyright in Albania.
  

• 
  On 26 April 2014, the World Intellectual Property Day, the ACO in collaboration with the MES and Regional Education Directories organised a national competition on the “Protection of intellectual property”, targeting the pre-university system, involving over 200 schools, and more than 1,000 pupils. This project also consisted of a questionnaire on key concepts of copyright and related rights, as well as intellectual property in general. The project has proved successful in developed countries. The ACO will organise this activity each year to enhance copyright and IPR knowledge.
  
• 
  On 12 – 14 May 2014, a study visit was organised in the Swedish Patent Office, where the aim was the extended collective management societies and how we could benefit from their experience in the field. This event was supported by TAIEX/CE.
  
• 
  In October 2014, one employee from ACO was trained by WIPO Academy according to the intensive training course 2–weeks “On Copyright and related rights” that the last offers for the IP officers and respectively in Finland.
  
• 
  On 24 – 26 June 2014, the GDP and the ACO organized in Tirana, a regional workshop on IPR and a preparatory meeting for the “Mercury White 2” operation. The event benefitted from the support and coordination of INTERPOL’s program on Trafficking of Counterfeit Goods and Illicit as well as financing from TAIEX. The following participants took part in the event:
  

• 
  Police and customs experts from Balkan countries, namely Albania, Slovenia, Croatia, Bosnia and Herzegovina, Bulgaria, Montenegro, Former Yugoslav Republic of Macedonia, and Serbia.
  
• 
  IPR Experts of the Interpol, Lyon, Europol, OLAF, and three other countries with observer status (Greece, Poland and Kosovo).
  
• 
  IPR experts from the international companies French UNIFAB, Canon, Philip Morris, Nivea Beiersdorf, Procter&Gamble, Colgate-Palmolive, Lacoste, Nike and Louis Vuitton.
  
• 
  Prosecutors and judges from courts of first instance from around the country,
  
• 
  Representatives from the Central Market Inspectorate, the ACO, the GDPT, the EPCA, the MEDTE, and the GDT.
  

• 
  On 27 November 2014, a meeting with the institutions of the University system in Republic of Albania and with the other state institution related to the university system, where were invited to cooperate with our office and to raise awareness toward the students. Has started the organization of extensive and comprehensive meeting with the state public and private universities and other educational institutions, aiming to raise awareness on the obligations under the legislation into force on Copyright.
  
• 
  The ACO organized several workshops in collaboration with public and private universities to inform students and academic staff on copyright. On 16 January 2015, the first workshop was organized with the European University of Tirana. On 6 February 2015 a similar workshop was organized with Epoka University. Similar information sessions will be organized with all other main universities in Albania. The ACO is set to sign a MoU with the University of Tirana.
  
• 
  In March 2015, in the framework of the services offered by TAIEX/EC, the ACO is a beneficiary of a Multi – Country Workshop on The Collective Management Societies, where all the countries of Western Balkans will be participants and will share their experiences as regard to the efficiency and the management of collective rights in their respective countries.
  
• 
  Have contacts with Diplomatic Corps in Tirana, concretely in Turkish, Danish, German, British, Switzerland and the US Embassy to strengthen the cooperation with these institutions in the field of copyright as well to put contacts with the offices of the respective embassies. One example to be evaluated is the cooperation with the Turkish Embassy and a team from ACO will have a study visit in Ankara, in the Copyright Department.
  

Also, in order to realize the unification of the inspection procedures for all areas and functions of inspection in jurisdiction of inspection Law No 10433 we aim to compose and give our further guidance in the implementation of the normative acts, supervisory reports, regulations, handbooks for the unification of the whole inspection procedure and documentation. Following the above, and in order to approximate the Albanian legislation concerning the inspection area, to the EU directives and harmonization of secondary legislation to the inspection law no. 10433, herein are the respective initiatives:

• 
  Order No 58/1 of 22.01.2015 “On some amendments to Order No 58 of 8.21.2014 “On the approval of standard formats for documenting the inspection activity in the Republic of Albania”.
  
• 
  Order No 74 of 30.12.2014 “Oversight Manual inspection activity at State/ Local Inspectorates and other inspection bodies”.
  
• 
  Order No 5 of 19.02.2015 “On the General Rules based on Risk Assessment Methodology”.
  
• 
  Order No 6 of 19.02.2015 “On the General Rules based on the programming of inspections”.
  
• 
  Order No 7 of 19.02.2015 “On the General Rules based on the Effectiveness and Quality Indicators of Compliance Inspection, Evaluation Criteria and their Reporting”.
  
• 
  The draft regulation to determine ways, procedures and conditions for the use of inspection unique portal “e-inspection”.
  
• 
  Draft General Manual of inspection.
  
• 
  Draft Memorandum of Cooperation between Central Inspectorate and the General Directorate of Taxation, which aims communication system “e-inspection” with computerized tax system for data exchange.
  

Data for the year 2014 are as follows:

• 
  No criminal proceeding for trial proves to be registered for the criminal offence provided for in article 147.
  
• 
  No criminal proceeding for trial proves to be registered for the criminal offence provided for in article 148.
  
• 
  Nine cases for criminal proceeding have been registered for the criminal offence provided for in Article 149, eight cases are tried, wherefrom there are two punishments by fine by the First Instance Court and 12 criminal cases are registered by the Court of Appeal, wherefrom only one has proven to be sentenced by fine.
  

Lawsuit for the protection of intellectual property (Article 103), three cases are registered out of which one case has been settled and two cases have not been settled.

• Update on liberalisation of purchase of real estate by EU citizens

Article 50(5)(b) of SAA and Article 61 stipulates that affiliations and branches of European companies shall have the right to benefit and enjoy ownership rights over immovable properties like the Albanian companies, with regard to public goods, where these rights are deemed necessary to carry out economic activities for which they are established, excluding natural properties, agricultural lands, forests, meadows and pastures. By 2016, (seven years after SAA entry into force), the Stabilization and Association Council will specify the modalities for extension of rights under this paragraph to the excluded sectors.

• Update on the establishment of the Market Surveillance Inspectorate

In the area of market surveillance, the former Ministry of Economy, Trade and Energy split into MEDTTE and MEI. Set-up of the market surveillance inspectorate under MEDTTE requires amendments to existing legislation regulating inspection in certain fields. It will be responsible for market surveillance for the majority of products placed in the market, including intellectual property and quality control of gas and fuels for consumer use. The proposed amendments to the existing laws were submitted to the Albanian parliament for adoption.