Trade Secrets Law in Albania
Albania has strengthened its legal framework for the protection of trade secrets through significant reforms that align with European Union standards.
📜 Legal Framework
In July 2021, Albania enacted a new law on trade secrets, marking a substantial update to its intellectual property legislation. This law incorporates provisions from Directive (EU) 2016/943, aiming to harmonize national rules for the protection of undisclosed know-how and business information against unlawful acquisition, use, and disclosure.
Additionally, the Albanian Industrial Property Law was amended to introduce new provisions on trade secrets, trademarks, and the Internal Market Inspectorate. These amendments, which entered into force on August 22, 2021, define trade secrets, set out rules for their lawful and unlawful acquisition, use, and disclosure, and provide measures for maintaining their confidentiality during and after legal proceedings.
🔐 Definition of Trade Secrets
Under the new legal framework, a trade secret is defined as information that:
Is not generally known or readily accessible to persons who normally deal with the kind of information in question;
Has commercial value because of its secrecy; and(
Has been subject to reasonable steps by the lawful holder to keep it secret
These criteria align with the EU Directive, ensuring consistency in the protection of trade secrets across member states and associated countries.
⚖️ Legal Remedies and Enforcement
The Albanian legal framework provides several remedies for the unlawful acquisition, use, or disclosure of trade secrets, including
Cease and desist orders to stop the infringement;
Prohibition of the production, offering, or use of goods or services that infringe upon the trade secret;
Destruction or recall of infringing goods from the market;
Restitution of any unjust enrichment obtained through the infringement; and
Publication of the court decision to inform the public of the infringement.
These measures aim to provide comprehensive protection for trade secret holders and deter potential infringers.
🏛️ Role of the General Directorate of Industrial Property (GDIP)
The GDIP, operating under the Ministry of Economic Development, Tourism, Trade and Enterprise, is responsible for administering industrial property rights in Albania. This includes overseeing the registration and protection of trade secrets, patents, trademarks, and other intellectual property assets. The GDIP plays a crucial role in implementing the legal provisions related to trade secrets and ensuring their enforcement.
🌐 International Alignment
Albania's adoption of the new trade secrets law and amendments to the Industrial Property Law demonstrate its commitment to aligning with international standards, particularly the EU acquis. These reforms enhance the protection of trade secrets, fostering a more secure environment for innovation and business operations.
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