Biotechnology and Intellectual Property Law: Theoretical and Practical Reflections on Albanian National Law and Jurisprudence in Comparison with EU Acquis and ECJ Case Law

Abstract

Biotechnology is a fast-emerging sector with enormous commercial and scientific development potential. It is impossible to overstate the prominence of intellectual property (IP) in securing and fostering innovation in the biotechnology sector. Albania, as a candidate country for EU membership, has made significant efforts to align its legislation with the EU acquis, including in the field of biotechnology and IP. The ambit of biotechnology and intellectual property laws in Albania includes patent law, trade secrets, and plant variety rights. In general, Albania's law is mostly aligned with the EU acquis, while there are a few areas that need additional development. For instance, further work is needed to define the perquisites for patentability and expand the scope of protection afforded to biotechnological innovations in Albania. There have not been many high-stakes court decisions in Albania concerning biotechnology and intellectual property, hence the country's case law is still evolving. In comparison to the EU, Albanian laws and case law in the fields of biotechnology and intellectual property are still in their infancy. Nonetheless, Albania has made substantial progress in aligning its legislation with the EU acquis, and its judges are becoming more conversant with EU case law. Albania's legislation and case law in this field is projected to continue converging with those of the EU as the country draws closer to EU membership, which will assist to encourage innovation and economic development in Albania.