Protection of Graphical User Interfaces as Registered Design Rights or Design Patents in Albania

From Decision No. 883 of May 13, 2009, “On Tariffs for the Registration of Industrial Property Rights”:

• Industrial design application fee: 4,000 ALL
• Registration fee (i.e. after publication) for a design: 6,000 ALL
• Additional fee for any additional design in a multiple‑design application: 2,000 ALL per design beyond the first.
• Other fees: opposition fee, change of name/address, ownership transfer, licensing registration, etc.

• Duration is initially 5 years from the date of filing.
• Renewable in additional 5‑year periods, up to a maximum total of 25 years from filing.
• Fee for renewal: for a design: 6,000 ALL; for additional designs in a multiple application: 2,000 ALL each.
• If renewal is done after expiry but within a 6‑month grace period, there is an additional fee of 3,000 ALL

Under the law: once formal requirements are met, after 3 month publication for oppositions, then if no opposition or opposition rejected, the Office issues the notice to pay registration tariff, and after payment within one month, the certificate is issued within three months from that payment. 

• The law provides a grace period for disclosures by the designer: Article 113, paragraph 3, letter (b), allows that if the designer (or a successor) publishes or publicly uses the design within 12 months before the filing date (or priority date), that disclosure does not count as prior art.
• Also, disclosure under confidentiality (letter (c)) or via abuse (letter (d) under some circumstances) may be excluded.

• The law does not appear to explicitly provide for a deferment of publication (i.e. postponing public disclosure) of design applications generally.
• However, there is a 3‑month period after publication during which third parties may file oppositions.

At the time of filing the application, Article 119, paragraph 4 of Law No. 9947, dated 7 July 2008, "On Industrial Property", provides that a design application filed with the General Directorate of Industrial Property (GDIP) may include a declaration claiming priority, where the application corresponds to a previous and duly filed national application submitted by the applicant or their legal successor.

This implies that the legal successor is entitled to act on behalf of the applicant as a representative, through a valid Power of Attorney, by which the applicant expressly grants the authority to act in their name and on their behalf in relation to the design application.

• Under the Regulation, if priority is claimed, the priority document must be filed within three months from the filing of the application.
• The priority document must contain date and number of the earlier application, presentation of the design, and what product is involved. It must be in the Albanian language and notarized.

Pursuant to Article 121 of Law No. 9947, dated 07.07.2008, "On Industrial Property", the General Directorate of Industrial Property (GDIP) conducts a preliminary examination of a design application within three months from the date of its receipt, in order to verify its compliance with the legal requirements.

If the GDIP determines that the application does not meet all requirements set forth by law, it shall notify the applicant and request the submission of the missing or corrected documentation within three months from the date of notification.

Failure by the applicant to comply with the request within the specified timeframe shall result in rejection of the application, and the GDIP shall inform the applicant in writing of such refusal.

The deadline for submitting the requested documentation may be extended for an additional one-month period, provided that the applicant submits a written request justifying the delay based on reasonable grounds.

In Albania, design applications including those for GUIs are subject only to formal examination. The Albanian IP Office does not conduct prior art searches or assess novelty or individual character during registration. Determining whether a design is new or original is left to third parties through opposition (within 3 months after publication) or cancellation proceedings. This system speeds up the registration process but places the burden of verifying validity on the applicant or competitors. 

• The law requires the priority document to be submitted within three months from the filing date. If the document is not submitted on time or does not meet the formal requirements (e.g., translation, authentication), the priority claim is not recognized.
• While there is no explicit guidance in Albanian law on how differences between the earlier design (claimed under priority) and the design filed in Albania are evaluated, the general provisions on novelty and individual character under Article 113 of the Industrial Property Law apply. In practice, if the design filed in Albania differs significantly in appearance, it may be considered a separate design, potentially losing the benefit of the earlier filing date.
• Thus, applicants should ensure that the visual elements of the design remain consistent across jurisdictions when relying on a priority claim. Careful review (and where needed, legal advice) is recommended to avoid losing priority rights due to discrepancies in the design's representation.

Yes. After the design application is published, there is a three‑month period in which third parties may file oppositions to the registration. If no opposition is filed, then registration proceeds following payment of the registration fee.

• Under Albanian design law, a single design application must include at least one visual representation of the design, but applicants are allowed to submit multiple views (e.g., front, side, top, perspective) to fully disclose the design’s appearance. There is no strict limit on the number of views, as long as they clearly illustrate the design and are consistent with one another.
• The visual representations play a crucial role in defining the scope of protection, so it is advisable to include all relevant views that capture the distinctive features of the design. In the case of GUIs, this may involve submitting a series of static images to reflect different states or screens of the interface.

• Under Albanian design law, there is no explicit provision that addresses animations, transitions, or interactive sequences within GUI design applications. The law and regulations recognize only static visual representations specifically in the form of drawings, schemes, models, or photographs as acceptable forms of submission.
• While the legislation does not expressly mention the acceptability of using a series of images to show a sequence or transition, in practice, applicants may attempt to depict different states of a GUI through multiple static images within a single application. For example, different screens or frames of a GUI (such as before and after user interaction) can be presented as individual views of the same design. However, it remains uncertain whether such a set of images will be interpreted as a single animated design or as multiple separate states, especially when assessing novelty and scope of protection.
• Because of this legal ambiguity, applicants seeking protection for animated or dynamic interfaces should consider filing separate designs for each key state of the GUI, or explore alternative protection routes (e.g., copyright or trademark law), depending on the nature of the visual elements. Until clearer legal or administrative guidance is issued, reliance on static imagery remains the only officially recognized method.

Albanian design law does not explicitly regulate the use of written disclaimers in design applications, including those for GUIs. The law focuses on the visual aspect of the design, and the scope of protection is defined solely by the submitted images, not by any written language. As such, written disclaimers have no legal effect in limiting the protection of the design. However, short textual descriptions may be included in the application, but these are considered informative only and are not binding.

• Albanian design law allows for various types of visual representations in design applications, including those for GUIs. According to national practice and regulations, acceptable formats include drawings, photographs, sketches, and graphical renderings. There is no restriction on whether the drawings are in black and white or colour, as long as they clearly show the design to be protected.
• The main goal is that the visual representations must allow both the examiner and third parties to understand exactly what is being claimed as the design. Poor or ambiguous use of drawing conventions can lead to confusion regarding the scope of protection or to potential challenges later. Applicants are therefore advised to use internationally recognized drawing standards, especially those established by EUIPO or WIPO, and ensure that all drawings are technically accurate and legally clear.     

• Copyright: Under Albanian Copyright and Related Rights Law (Law No. 9380 dated 28 April 2005, as amended). This protects original works of authorship. Visual works or graphic designs likely fall under this. GUIs as a design could have copyright aspects (e.g. graphic elements, icons, layout etc.).
• Trademarks: Certain GUI elements, such as icons, interface features, or overall visual presentation (trade dress), may be protected as trademarks if they function as distinctive signs and are capable of indicating the source of goods or services. To be registered as a trademark, these elements must not be purely functional and must have distinctiveness either inherently or through acquired use. In practice, the visual identity of a GUI can become a valuable branding tool, and overlapping protection via trademark law can offer stronger and longer-lasting rights than design protection alone.
• Applicants should consider a combined IP strategy - using copyright, design, and trademark protection to ensure comprehensive and enforceable rights over GUI elements.    

• Design protection (registered design) gives exclusive rights over appearance. If a GUI has aesthetic/or­namental value, that may be protected. But design rights do not protect technical function or computer programs “as such.” The law excludes computer programs from design protection under “product” definition. “Product” excludes “computer programs” under Law’s definition.
• Also, copyright protects original works including graphics, but the threshold is originality, independent creation, etc. Design rights protect novelty and individual character relative to prior public designs. In case of conflict (e.g. a GUI design that is also a copyrighted work), both rights may overlap.
• A design may be refused or invalidated if it constitutes an unauthorised use of a work protected under copyright.

• Treating GUI functions or functional elements as protectable under design — but the law excludes designs dictated solely by function or technical necessity. GUI elements that are more functional than aesthetic may be rejected or invalidated.
• Not submitting sufficient representations to clearly show all visual aspects of the GUI, especially different views or states. Because no video or animation upload is explicitly allowed, missing to depict transitions or interactive states might weaken protection.
• Missing the priority document deadline (3 months) or not meeting formal requirements for priority.
• Failing to pay registration or renewal fees in time; not using the grace period where available.
• Using non‑notarised declarations or PoAs, or failing to have required stamps/seals.
• In multiple design applications, failing to ensure all designs are in the same Locarno class, or incorrect numbering/representations.

• When filing for GUI design, include multiple views / screens / states to capture all aesthetic elements (e.g. icons, layout, transitions) via static images; possibly mock‑ups.
• Clearly separate what is ornamental vs functional. If some elements are purely functional, consider disclaimers / excluding such features (though disclaimers are not explicit in Albanian law, but may help in drafting).
• Use the grace period properly: if you disclosed your GUI, aim to file within 12 months from disclosure if possible.
• Ensure all formalities (creator declarations, PoA, priority documents) are fully compliant, notarised where required, translations into Albanian as needed.
• Pay attention to renewal timelines, and use the grace period if you miss main deadline.

• Albania is a contracting party to the Hague Agreement Concerning the International Registration of Industrial Designs, and as such, it allows for the international registration of designs including GUIs  through the Hague System administered by WIPO. According to Albanian law, the provisions of international registrations under the Hague Agreement are applied mutatis mutandis, meaning the effects of such registrations are recognized as if filed directly in Albania.
• This means that applicants can designate Albania in their Hague design applications, and once the application proceeds to registration, the design receives protection under Albanian domestic design law. All substantive matters such as novelty, scope of protection, term of protection (5 years renewable up to 25), and legal effect are governed by Albanian legislation — specifically, Law no. 9947 “On Industrial Property”. 
• However, applicants should be aware of certain practical and procedural points when designating Albania via the Hague system. While the application is submitted through WIPO, Albania may require compliance with specific local formalities, such as accurate visual representations,   compliance with classification under the Locarno system, and in some cases translation of documents into Albanian (e.g., descriptions or declarations).
• In addition, priority claims must be correctly made and supporting documents filed within the required deadlines (usually three months). Failure to comply with these may result in loss of priority or procedural deficiencies. Applicants should also ensure that designs submitted meet the visual clarity requirements under Albanian practice, as poor or unclear representations may affect enforceability.

• Currently, there are no publicly announced or specific legislative changes directly targeting the protection of Graphical User Interfaces (GUIs) as registered design rights in Albania. The existing framework under the Industrial Property Law (Law No. 9947/2008) and related regulations continues to govern design protection, including for GUIs, without distinction. However, given the increasing importance of digital interfaces and software-related designs globally, it is expected that Albanian IP legislation and practice may evolve in the near future to better address challenges related to GUI protection.
• Potential future amendments could include clearer provisions on animation and sequence protection, the use of digital formats for design representations, and possibly enhanced examination guidelines tailored for software-related designs. Such developments would aim to harmonize Albania’s system more closely with international standards, such as those under the Hague Agreement and EU design law.
• At present, no official draft laws or reform proposals have been made public, but stakeholders including IP practitioners and industry representatives are encouraged to monitor updates from the General Directorate of Industrial Property and participate in any public consultations. These changes, once implemented, could improve clarity, increase enforceability, and offer stronger protection for GUI designers in Albania.