Key achievements
Amendments to law No 9901 of 14.04.2008 “On company law” adopted through Law no 129/2014. New National Accounting Standards were adopted and will be implemented as of 1 January 2015.
6.1 Company law
Amendments to Law no 9901 of 14.04.2008 “On company law”, as amended by the law no 129/2014, are fully compliant with Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent and the Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directives 77/91/EEC, 78/855/EEC and 82/891/EEC.
Concerning the implementation of the Corporate Governance Code, the report on “Implementation of Corporate Governance Code and its principles from Albanian Companies” was finalised in February 2015.
Concerning electronic signature, NRC completed the technical infrastructure for the application of e-signature. The system provides online notifications of balance sheets, and other documents pertaining to the Commercial Register. E-signature certificates are issued to both State bodies and businesses. Authentication and Qualified Signature Certificates are issued and stored in the National ID Card; on demand and continuously for all new ID Cards that are released later than the 1 January 2014. Authentication is currently in progress and being integrated with the Login functionalities of the e-Albania Portal and for the National Registration Centre’s application, to obtain a company extract and to apply for a new Business.
6.2 Accounting and Auditing
Albania has reached a satisfactory level of harmonisation acquis in the field of auditing (i.e. company financial statement audit and organisation of the external audit profession). The present audit Law no 10091 of 5.3.2009 “On audit and organisation of audit and accounting profession” reflects in most aspects the requirements of the current EU framework (EU 8th or Statutory Audit Directive). However, still a lot more needs to be done, so a recent report prepared under the World Bank Project has proposed some revisions on the audit law, focused on enhancing the role of the oversight authority (Public Oversight Board). The main purpose of the revisions is to update the audit law and ensure its consistency with EU Directives, as well as to support a consistent and effective framework that works well in the Albanian context. The draft law is in consultation phase and is foreseen to be approved within 2015.
Regarding accounting, during September 2014 – April 2015, the National Accounting Council of Albania (NACA) focused on drawing guidelines and interpretations on improved National Accounting Standards. In 2014, NACA published on its website the guideline for compiling financial statements according to improved NAS 2.
The table of concordance of Directive 34/2013/EC with the Albanian legal framework on accounting was concluded in 2014. Based on the findings, the law on accounting will be amended within 2015.
NACA proposed a draft standard on financial reporting for NFP (Non Profit Organisations). The draft is being discussed with stakeholders. On 17 April, NACA facilitated a round table with the presence of all stakeholders is held to formalize comments and suggestions on this draft.
Work has continued on publication of the consolidated version of IAS/IFRS for 2013 and 2014(in Albanian language). Actually, we are waiting for their approval by IASB in London.
The process of translation and review of the whole set of amendments of IAS/IFRS brought during 2014 from IASB - as part of the 2015 consolidated version in Albanian – started in March 2015.
CHAPTER 7: INTELLECTUAL PROPERTY LAW
Key achievements
In order to address commitments deriving from Article 73 of the SAA and to implement the National Plan for European Integration (NPEI) 2014 – 2020, the main focus of the Albanian Copyright Office (ACO) efforts was the full compliance of the draft law "On Copyright and Related Rights”. During the reporting period, the General Directorate of Patents and Trademarks (GDPT) continued its monitoring, inspection and awareness raising campaigns throughout the country. The Ministry of Education (MES) is working to introduce new teaching curricula on copyright in 2015. In the field of Industrial Property, the GDPT carried out awareness raising and promotional activities.
7.1 Copyright and related rights
The status of legal harmonization
In relation to the draft law on copyright, the Working Group of the Ministry of Culture has completed the process of consultation with stakeholders and line Ministries. All suggestions and comments have been taken into consideration and included in the draft. Approximation of the draft law with all Directives and Regulations remains a key priority. At present, the Working Group is working to ensure full compliance with the acquis, and the international treaties and conventions where the country adheres, and that can be found in Annex III.7.1. The Working Group is also considering the practical aspects associated with the eventual application of the law as well as interaction with the legal system.
As far as recommendations on amendments to the Criminal Code are concerned, authorities are working to simultaneously adopt the latter with the approval of the new law “On copyright and related rights”.
Institutional Framework
The structure of the ACO was approved in April 2014, increasing the number of employees by five. At present the ACO has twenty employees, of which eight work in the newly established regional offices equipped with the necessary infrastructure.
In the framework of inter-institutional cooperation and the implementation of the National Strategy for the Enforcement of Intellectual Property Rights (NSEIPR) 2010 – 2015, the ACO collaborated on the following:
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Signed a Memorandum of Understanding (MoU) with the General Directorate of Taxation (GDT) on 27.11.2014;
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Signed a MoU with the Competition Authority (CA) on 16.03.2015;
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Signed a MoU with the Union of the Chambers of Commerce and Industry on 14.01.2015;
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Continuously held roundtables with Chambers of Commerce throughout Albania;
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Held an awareness raising meeting with Higher Education Institutions in Albania and other governmental institutions on 27 November 2014 a meeting was held with such as the Ministry of Education and Ministry of Culture;
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Held an awareness raising meeting with students of the European University of Tirana on 16 January 2015; and
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Held an awareness-raising meeting with students of the Epoka University, on 6 February 2015.
Economic and Social Impact
During the reporting period, the Albanian Copyright Office (ACO) registered 42 copyright certifications and 14 copyright contracts, and certified 17 transfers of economic rights.
The ACO carried out 359 inspections on users of intellectual property, in the districts of Tirana, Elbasan, Durrës, Shkodër, Fier and Lushnjë. The ACO imposed 30 fines in relation to copyright infringement.
During the reporting period, the ACO notified all interested parties toward the renewal of licensing for collective management agencies, following the foreseen legal expiration date.
During the reporting period, the ACO took part in 127 administrative proceedings, which can be found in more detail in Annex III.7.2.
During the reporting period, the following awareness raising activities concerning copyright were carried out:
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On 14 April 2015, the General Directorate of the Police (GDP) conducted an informing session with its employees;
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On 22 April 2015, a national conference was held by the ACO in collaboration with the GDPT on copyright infringement;
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The ACO, in collaboration with the Ministry of Culture (MoC) organized throughout April, various promotional and awareness raising activities on copyright, in the framework of the World Intellectual Property day, 26 April 2015;
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The ACO organized a copyright competition among high schools throughout Albania, and held the latter’s final stage on 24 April 2015.
Increase of capacities of staff
In the framework of increasing the administrative capacities, the following activities can be reported:
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In March 2015, ACO inspectors received training by Microsoft Albania and foreign Microsoft experts, on copyright related computer programs and software. These trainings were organized in the framework of an on-going cooperation between the ACO and Microsoft.
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The ACO was the recipient of a regional TAIEX workshop on “Collective Management System” on 15-17 April 2015. Employees of the MoC, the Ministry of Justice, the GDT, the General Directorate of Customs (GDC), the GDP, the Central Inspectorate, judges, authors, creators, and representatives of Collective Management Agencies were present.
7.2 Industrial property rights
Status of legal harmonization
Following the adoption of Law No. 55/2014, dated 29.5.2014, "On some amendments and addenda to Law No. 9947, dated 7.7.2008, "On industrial property”, the GDPT draft the following sublegal acts:
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Draft regulation on some amendments on DCM No. 1707, dated 29.12 2008, “On the approval of regulation concerning the grant of patents for invention and utility model”;
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Draft regulation on some amendments on DCM No. 1706, dated 29.12 2008, “On the approval of the regulation of trademarks of goods and services”;
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Draft regulation on some amendments on DCM No. 1705, dated 29.12 2008, “On the approval of regulation concerning the registration of geographical indication”;
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Draft regulation on some amendments on DCM No. 381, dated 08.04.2009, “On the approval of regulation concerning the registration of industrial design”; and
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Draft regulation on some amendments on DCM No. 883, dated 13.05.2009, “On the approval of fees concerning industrial property objects”.
The following draft regulations entered into force, during the reporting period:
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DCM No. 37, dated 01.21.2015, “On some changes and additions to DCM No. 883, dated 13.05.2009, “On the approval of fees concerning industrial property objects”, as amended” entered into force on 21 January 2015; and
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DCM No. 38, dated 01.21.2015, " On some changes and additions DCM No. 1707, dated 29.12 2008, “On the approval of regulation concerning the grant of patents for invention and utility model", entered into force on 2 February 2015 as amended.
On 30 September 2014, the GDPT organised a meeting with Authorised Representatives on “Amendments to Law No. 9947 dated 7.7.2008, "On industrial property”, with respect to trademarks and service marks, industrial designs and geographical indications.
On 16 October 2014, the GDPT organised a meeting with the Authorised Representatives on “Amendments to Law No. 9947 dated 7.7.2008, "On industrial property”, with respect to invention patents and utility models. The meeting was held in view of approved amendments upon their entrance into force on 10/07/2014 of Law 55/14, dated 29/05/2014 “On some amendments and additions to Law No. 9947 dated 7.7.2008, "On industrial property”, as amended”.
Institutional framework
During the reporting period, and in the framework of the NSEIPR 2015 – 2020, the GDPT coordinated the inter-institutional monitoring working group, which met on 3 February 2015. The meeting emphasised the reports prepared by the GDPT, analysed the progress for each objective and assigned tasks for future semesters.
The GDPT is working on its digital archive for patent, while exchanging data with the European Patent Office (EPO).. The new GDPT website contains the online search modules and online registers have been updated every 10 days to enable the availability of accurate and updated information on application status. Moreover, the IPAS system has been systematically inspected and updated according to the version provided by the World Intellectual Property Organization (WIPO).
During the reporting period, the GDPT has seen an increase in its 2015 budget and an increase in personnel by nine employees. The GDPT is currently waiting for its new structure to be approved.
In December 2014, the GDPT organised meetings with Authorised Patent Representatives to reform itself, starting with the assessment of legal deficiencies. Along the same lines, the GDPT plans to continue meetings stakeholders.
The GDPT signed a MoU with the National Registration Centre (NRC) on 17 October 2014 to raise the awareness of businesses on industrial property and to strengthen inter-institutional cooperation. In the framework of the abovementioned MoU, the GDPT trained NRC personnel as follows:
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On 24 October 2014 in Fier;
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On 27 October 2014 in Vlora;
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On 6-7 November 2014 in Gjirokastra;
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On 11-12 November 2014 in Korça;
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On 20 November 2014 in Durrës; and
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On 19 February 2015 in Berat.
Furthermore, the GDPT and the NRC held informative sessions with 15 businesses on 20 February 2015 in Berat, and on 26 February 2015, in Lushnja.
In February 2015, the GDPT organized a staff meeting with the customs officers of Qafe Thane, to strengthen inter-institutional cooperation.
Economic and Social Aspects
During the reporting period September 2014 – May 2015, the GDPT processed the following IPR registrations:
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544 trademarks applications for national registration;
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1585 applications stemming from the Madrid Agreement and Protocol;
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297 applications for patents; and
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2 applications for industrial design.
During 02 September 2014 – 09 April 2015, the GDPT followed a total of 34 litigations, of which:
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12 cases were presented to the Administrative Court of First Instance;
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15 cases were presented to the Tirana District Court;
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6 cases were presented to the Administrative Court of Appeal; and
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1 case was presented to the Tirana Court of Appeal.
Out of the 34 litigations mentioned above, 16 cases objected the Board of Appeal of the GDPT (BoA of GDPT) decision. Concerned courts decided on seven cases, overruling the BoA of GDPT in three cases.
During the reporting period, the BoA of GDPT took 25 decisions, among which:
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11 refused the refusal for trademark registration; and
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14 accepted to register the trademark.
Furthermoreve të shpikjeve dhe markave tregtare dhe të shërbimit.
Ndërsa në ditën e dytë punonjësit e DPPM, informuan bizneset që paraqiteshin pranë QKR-së në lidhje me proçedurat e aplikimit, rëndësinë që ka për kompanitë e tyre regjistrimi i një patente dhe/apo markave, si dhe te drejtat që burojnë nga regjistrimi i tyre. Aty u theksua se tarifat për regjistrimin e objekteve janë të ulta,. Rregjistrimi i objekteve të Pronësisë Industriale i krijon mundësinë kompanive të mbrohen nga konkurrenca e pandershme, të ndalojnë kompanitë e tjera të përdorin marka të ngjashme apo identike me markën e tyre të regjistruar më parë.
Gjithashtu përfaqësuesit e DPPM shpërndanë materiale promovuese për bizneset.Ndërsa në ditën e dytë punonjësit e DPPM, informuan bizneset që paraqiteshin pranë QKR-së në lidhje me proçedurat e aplikimit, rëndësinë që ka për kompanitë e tyre regjistrimi i një patente dhe/apo markave, si dhe te drejtat që burojnë nga regjistrimi i tyre. Aty u theksua se tarifat për regjistrimin e objekteve janë të ulta,. Rregjistrimi i objekteve të Pronësisë Industriale i krijon mundësinë kompanive të mbrohen nga konkurrenca e pandershme, të ndalojnë kompanitë e tjera të përdorin marka të ngjashme apo identike me markën e tyre të regjistruar më parë.further, during the reporting period, the GDPT reduced service fees on the examination of patent applications for inventions by 50%. The same fee was reduced to 100 ALL for students, pensioners, and persons with disabilities. The purpose of this initiative is to encourage inventors to register inventions.
During the reporting period, the GDPT undertook the following promotional activities:
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The GDPT became part of the National Moving Fair in Gjirokastra on 17-20 September 2014;
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The GDPT carried out a series of business training seminars for 117 businesses, throughout Albania, in Vlora on 17 November 2014, in Korça on 24-25 November 2014, and in Durrës on 11 December 2014;
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The GDPT organized a training in collaboration with the Project "Protection of well-known products from the Cross-Border Cooperation" in Pogradec for representatives of 26 businesses, on 20 March 2015;
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The GDPT organized a training with students of the Fan S. Noli University, in Korca, on 30 January 2015; and
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The GDPT took part in the "Albania Real Estate Expo 2015" to promote small and medium businesses, on 3-5 April 2015.
Increase of capacities of staff
During the reporting period, in order to increase the capacities of staff, as well as those of students, and other stakeholders on IPR, the GDPT carried out the following activities:
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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;
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On 08 - 11 September 2014, two GDPT representatives took part in the "PI04-2014 – Patent searching for beginners" EPO financed training in Vienna;
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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 financed this training;
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On 09-10 December 2014, one GDPT representative took part in a seminar organized by the European Patent Academy on “IP Essentials for EU Officials”;
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On 18-19 March 2015, two GDPT representatives took part in the "Academy contact persons meeting and Information Day on Co-operation with Member States” organized by the EPO. The meeting took place in Munches, Germany;
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On March 2015, one GDPT representative participated in the “Communication in public administration” meeting, organized in the framework of the VI Session of the Joint Intergovernmental Commission to Bulgaria;
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On 03-12 February 2015, one GDPT representative took part in a OHIM workshop concerning Balkan IP offices;
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On 03-04 March 2015, one GDPT representative participated in the 10th Liaison Meeting on Technical Cooperation, OHIM;
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On 11 March 2015, two GDPT representatives took part in a meeting organized by EPO in Vienna, on on-line registration of GDPT patents;
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On 14-15 April 2015, one representative from GDPT took part in the 13th Liaison Meeting on Trademarks in Alicante, Spain (OHIM); and
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On 15-17 April 2015, two representatives from GDPT took part in the training for national offices in the Operation of the Madrid System for the International Registration of Marks.
7.3 Enforcement of the intellectual property rights
Status of legal harmonization
In the context of completing the legal framework, the GDP compiled a draft decision "On some additions and changes to DCM. No. 205, dated 13.04.1999, of 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 aligned with Regulation 608/2013 EU.
Economic and Social Aspects
During the reporting period, the GDP fulfilled obligations deriving from national and international cooperation initiatives, and successfully organised and finalised several police operations, of which the most important are the following:
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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.
To the implementation of the Operational Plan, 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;
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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.
Considerable amounts of TV transmitting devices were seized. The latter include servers, decoders, parabolic antennas, satellite and terrestrial broadcasting handsets, Digitalb, Tring, and Sky TV cards, etc. The GDP have seized different counterfeited goods, such as packages, perfumes, shoes, sneakers, CDs, DVDs, computers, laptops, different plastic and cartoon packages, tobacco and cigarette, coffee, bearing, shampoo, detergents, medical drugs, mobile phones etc. IPR infringements of famous brands such as Adidas, Puma, Prada, Lacoste, Dolce & Gabbana, Louis Vuitton, Chanel, SKF, Marlboro, Samsung, Swiss, Rolex, etc., to a value of approximately 1.6 million ALL were also seized.
During the reporting period, the GDP carried out procedural investigations and referred to the 55 different cases on IPR infringement to the Prosecution Office. A total of 67 perpetrators were prosecuted, 7 suspected perpetrators were caught in the act, while 7 other perpetrators suspected, and 59 perpetrators were prosecuted while free.
Increase of capacities of staff
To strengthen and consolidate institutional capacities, in the field of IPR, during the reporting period, the GDP conducted the following activities:
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The Directorate for Financial and Economic Crime at General Police Directorate, in November 2014 and January 2015, planned and conducted three 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". Specialists from the Directorate for Economic and Financial Crime, two magistrates, and prosecutors of the Prosecution office of Tirana acted as lecturers. Beneficiaries of this training included 40 police officers of the economic and financial crime structures of the first management level;
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On 6-7 November 2014, a cyber crime expert of the GDP participated at the international conference on “Infringement of Intellectual Property Rights on the Internet", held at the OHIM premises in Alicante, Spain;
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On 9-13 March 2015, seven employees of central and regional government focusing on economic and financial crime participated at the training on IPR at the ILEAS Academy in Budapest, Hungary, the training “Right of Intellectual Property”; and
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On the 08-12 September 2014, the GDP IPR Directory in collaboration with experts from the Word Custom Organization organized a seminar on "Combating counterfeiting and piracy", where 30 custom officers participated.
CHAPTER 8: COMPETITION POLICY
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