The American Chamber of Commerce in Albania, in cooperation with NEWWAY Consulting and Strati & Kostopoulos Law, organized an information session on “Intellectual property, fair competition and the approximation of activity in accordance with EU requirements.”
At the meeting, AmCham members were provided with information on the topic by a NEWWAY Consulting representative, Evien Dako, who made a presentation on copyright for creators, producers and legal rights holders.
The presentation included information on the meaning of industrial property, the rights of the creators and holders of the rights as well as the elements that define unfair competition and available legal protections against it. NEWWAY Consulting’s representative explained in detail to the members of AmCham what copyright of work is, starting with the right to sell or authorize the use of the work — on to the right of financial reward. The law recognizes the right of the author of the work to initiate criminal proceedings for violation of his/her copyright. Detailed explanations were also given to AmCham members regarding the execution of industrial rights, which in principle must be respected with the same elements as authors’ copyright.
Copyright and the obligations deriving from it include broadcasting and retransmission rights for television stations and their owners. This relationship is well regulated by law and clearly defines the restrictions and rights of television station owners, starting from those of broadcasting the work — on to non-television productions as well as drafting and enforcing contracts during the broadcasting of other works. Thus, provisions in Law 97/2013 and their application protect TV channels, as well as the legal holders of copyright and related rights, and impacts the identification of the right holders, giving them proper payment.
The expert clarified at the meeting that the Ministry of Culture and the Market Inspectorate should not accept authorizations, if the works or channels have not entered Albania legally.
The presentation was quite interesting in terms of penalties coming from unfair competition. The sanctions imposed by main institutions, such as AMA and ISHMT, must also be forwarded to the Competition Authority.
Experts spoke about ways in which unfair competition works and its consequences — seen in businesses that fail to develop, poor quality, stolen consumers, etc.
