– Law on Industrial Property, No. 9947, dated July 7, 2008, in force since February 15, 2009, last amendment in force since August 22, 2021.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 4, 1995.
– WTO's TRIPS Agreement, since September 8, 2000.

Protection

Definition: a trade secret is information that meets the following requirements: (1) it is secret in the sense that in its entirety or in terms of the exact configuration and combination of its constituent parts, it is not widely known or easily accessible to persons generally dealing with the type of information in question; (2) it has commercial value, because it is secret; (3) it has undergone reasonable steps to preserve the information, as the case may be, by the person lawfully in possession of the information to keep it confidential.

Criteria for enforcement: (1) the information includes technical knowledge, information about the commercial company and technological information; (2) the information has commercial value, in those cases where the acquisition, use or illegal disclosure of the trade secret the trader has the possibility to harm the interests of the person who legally controls this trade secret, undermining his scientific and technical potential, the financial interests of the trading company, strategic positions or the ability to compete; (3) the reasonable steps may include the preparation of an internal act for the administration of a trade secret and the relevant group of persons, who is responsible for its administration or measures for physical or virtual protection in the access and administration of the trade secret.

Assignment - licensing: n/a. 

Remedies for misappropriation: the amended Industrial Property Law provides court protection to trade secrets holders that suffer a violation of their rights under the law for the protection of trade secrets. The statute of limitation for bringing a claim against an infringer is three years from the discovery of the violation or the person that committed it by the trade secret owner. The courts and all parties participating in the proceedings are bound by the confidentiality obligation. To this effect, the court in charge of a lawsuit, may issue orders as it sees fit to guarantee the confidentiality of the trade secret. The court may grant interim measures or relief, typically injunctions such as prohibition of the production, placing on the market, import, export or storage of trade secret infringing goods, or even their confiscation until the completion of court proceedings, or preservation of evidence which is considered vital to establish the violation of the law. Such remedies may also be ordered by the court ex parte if established that an irreparable and imminent damage may be caused to the proprietor of the trade secret unless such measures are granted. Compensation for damages as a final relief awarded by the court can be claimed according to the general rules of the Albanian Civil Code and can include both pecuniary and non-pecuniary damage. In quantifying the damage, the court shall consider any effective damage caused, including lost profits of the aggrieved party and any other unjust profits realized by the infringer due to the illegal acquisition, use and disclosure of the trade secret. The court can decide to make the final judgment public in full or in part with the costs of the defendant.