Criminal liability for Copyright and Related Rights Infringement: Albania Legislation Perspective
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 33093
Criminal liability for Copyright and Related Rights Infringement: Albania Legislation Perspective

Authors: Ilda Muçmataj, Anjeza Liçenji, Borana Kalemi

Abstract:

Copyright and related rights have been pivotal in driving the economic growth of nations worldwide and fostering culture and new forms of entertainment. The introduction of the internet and technological advancement has significantly expanded the opportunities for creators and rights holders to promote their works and boost their revenues. However, this digital era has also brought about complex challenges, leading to a more extensive range of copyright infringement, primarily due to the substantial surge in piracy and counterfeiting. Despite being reported internationally, the mechanisms to tackle and the responsibility for enforcing copyright infringements often remain rooted in national jurisdictions, resulting in a gap between the scale of the problem and the efficacy of enforcement measures. Thus, it is essential to ensure adequate legal protection, a vital safeguard for authors' economic and moral interests, information security, innovative development promotion, and intellectual creativity preservation. This paper describes Albanian criminal law-based copyright enforcement legislation, focusing on doctrinal guidance and practical judicial considerations. Lastly, the paper offers recommendations for enhancing copyright protection and related rights.

Keywords: Author, copyright infringement, copyright, criminal liability, intellectual property, piracy.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 50

References:


[1] Deli Yang, Understanding and Profiting from Intellectual Property in International Business, Springer Nature Switzerland AG, 2021, pp.13-20. https://doi.org/10.1007/978-3-030-54034-0.
[2] Roger D. Blair, Thomas F. Cotter, Intellectual property economic and legal dimensions of rights and remedies, Cambridge University Press, (2005), pp.2.
[3] Susan Isiko Štrba, International copyright law and access to education in developing countries: exploring multilateral legal and quasi-legal solutions. Koninklijke Brill NV, Leiden, The Netherlands, 2012, pp. 10.
[4] Christophe Geiger, The rise of criminal enforcement of intellectual property rights…and its failure in the context of copyright infringements on the Internet, In The Evolution and Equilibrium of Copyright in the Digital age, edited by Susy Frankel, Daniel Gervais, Cambridge University Press, 2014 pp 113-114
[5] Catherine Seville, EU Intellectual Property Law and Policy, Edward Elgar Publishing Limited 2009 pp 17-18, 404
[6] Paul P Goldstein, Bernt Hugenholtz, International Copyright Principles, Law, and Practice, Oxford University Press, Inc 2010, pp 396-397
[7] Jørgen Blomqvist, Primer on International Copyright and Related Rights, Edward Elgar Publishing Limited, 2014, pp 217-218.
[8] Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights OJ L 157, 30.4.2004.
[9] Irini Stamatoudi, Olivier Vrins, “The Enforcement Directive”, in the EU Copyright Law, A commentary, second edition edited by Irini Stamatoudi and Paul Torremans, Edward Elgar Publishing Limited, 2021, pp. 383-384.
[10] Enea Sheqi, E Drejta e autorit. Teori, raste dhe komente. 2021, pp. 20-21.
[11] Law No. 7895, dated January 27, 1995, Criminal Code of the Republic of Albania (as amended). https://qbz.gov.al/publications/codes
[12] Ismet Elezi, E Drejta Penale Pjesa e Posacme, Botimet Kumi, 2021, pp. 237-238.
[13] Decision No. 750, dated March 11, 2016, of the District Court of Tirana, and Decision No. 1488, dated May 09, 2016, of the District Court of Tirana.
[14] Decision No. 799 dated March 16, 2016, of the District Court of Tirana; Decision No. 996 dated April 01, 2016, of the District Court of Tirana; Decision 1372 dated April 28, 2016, of the District Court of Tirana; Decision 2059 dated June 22, 2016, of the District Court of Tirana; Decision No. 2063 dated June 22, 2016, of the District Court of Tirana and Decision No. 3673 dated November 30, 2016, of the District Court of Tirana.
[15] Law No. 9380 dated April 28, 2005 “ On copyright and related rights” (as amended).
[16] Decision no. 77, dated January 31, 2014 Tirana Court of Appeal.
[17] Gentian Trenova, Interpretime te Kodit te Procedures Penale. Print AL, (2023), pp. 475-477.