Sajmir Lacej*
In the framework of the approximation of intellectual property legislation, Law 52/2025, On Trademarks, through Articles 16 and 28, has created the opportunity for holders of exclusive licenses for specific brands to monopolize the marketing of products by limiting Parallel Imports and consequently prices.
In a large market such as the EU, this protective measure does not create a monopoly situation. The same will be true when Albania becomes a member state.
Rushing to apply this measure at the national level would have consequences for the market and consumers.
Is it normal to create a Monopoly?
Abuse of Dominant Position: While owning a trademark is legal, using state authorities (customs) to hinder fair competition can be considered abuse if it leads to artificial price increases or market restriction.
Customs Authorities must be careful not to violate free market and competition standards by treating Parallel Imports as legitimate and by not creating artificial barriers to the import of original products.
Any claims of Entities holding exclusive licenses must be addressed to the Courts of General Jurisdiction and those affected may complain to the Competition Authority.
* Former Director of Fiscal Policies at the Ministry of Finance and former Deputy Director General of Customs
Editorial
