Operation of the concession scheme

Operation of the concession scheme

The operation of concessions is defined in law 9663, dated 18.12.2006, “On concessions” in amendments. According to the law, Concessionaires are selected through a pre-qualification procedure, accompanied by a proposal request. However, the authority contracts the right to request all potential bidders’ suggestions without a pre-qualification process if deemed not to apply in this case and the pre-qualification procedures.

Pre-qualification procedure. The contracting authority prepares the invitation to be used in the pre-qualification process and pre-qualification documents, correctly identifying the bidders who qualify for the concessions’ needs.

The invitation to participate in the pre-qualification procedure is published in the Bulletin of Public Notices and the international and domestic press. There are no other:
a) a brief description of the infrastructure vehicle;

b) markets for the essential elements of the concession, such as services to be controlled by the concessionaire, how the benefits are financed, the provision of contract authority (for example, the funds to be used, if they are entirely from tariffs or user sites, or you can give public funds to the concessionaire, work as direct sites, loans or guarantees);

c) a summary of the main conditions, if any, of the concession contracts that lead to the conclusion;

d) the manner and place of submission of the application for the pre-qualification phase, as well as the legal deadline for submission, to be expressed on its date and time, being done in due time for the bidders to prepare and submit their application;

e) the manner and place of obtaining the documents of the pre-qualification phase. Pre-qualification documents and stages. Pre-qualification forms include at least:

f) pre-qualification criteria, in those that have:
professional and technical qualifications, human resources, machinery, and other necessary assets, to carry out all stages of concession projects, to establish a design, construction, operation and, where essential, maintenance; sufficient skills to manage project funding and project financing skills; good administrative and organizational capacities, better and weaker in such a project. Are not subject to a bankruptcy procedure, liquidation, administration of control, or termination of activity or any other situation that, according to the laws in force, the conduct of operations for the transfer of characteristic features; have not been found guilty of submitting false documents.

b) support for the temporary merger of the company,

c) any request for the necessity to create a legal entity from the winning bidder, according to the laws in force.

The contracting authority qualifies the bids of each, which applies to the pre-qualification phase, by the criteria and definition in the pre-qualification document. The contracting authority announces the list of pre-qualified bidders in the Bulletin of Public Notices within 30 days from the decision.

History of Copyright Protection in Albania

Copyright, as we know it today, is a new concept in Albania. In King Zog’s time, although the commercial laws system was highly developed, there was no specific copyright law. During the communist regime, just as physical property could not be private, intellectual creations could not be personal property. Copyright in the time of the communist regime belonged to the state. So it was the state that presented itself as the copyright holder. He decided to reproduce the work, either translating into a foreign language or creating derived works, such as films.

According to a regulation of that time, the author was rewarded only once when published or executed for the first time. When the work was published, displayed, performed, or otherwise used abroad, the author received from the Writers and Artists League, an institution closely affiliated with the Executive Committee of the time, an additional 20% bonus collected by the institution or foreign publishing organization in favor of the author of the work.

With pluralism in Albania and private property recognition, the authors also became owners of their works. In 1992, the first law was enacted to protect copyright. Law no. 7564 dated 19.05.1992 “On Copyright.” Several amendments have been made to this law to better adapt it to protection in a reality that changes every day with gigantic steps and brings it in line with international copyright protection standards.

In addition to the above, Albania’s copyright is protected by all international agreements to which Albania is a party. All this in Albania makes, in my opinion, an almost complete legal framework for the protection of this right, which needs to be implemented as correctly as possible.Derived works are those that rely on another previous work. Article 2a of the Copyright Law recognizes derived works, translations, adaptations, arrangements, and other transformations of previous works or folklore materials. In this sense, derived works are all translations, dramatizations, films based on a novel. , song recordings, etc.

Derived works enjoy the same copyright protection as the original works. The reason for the protection of original works is that there is originality in them as well. This is different from the novelty encountered in the original work. The creativity in the derived work is found in the new elements that have been introduced, in the adaptation and arrangements that have been made. Thus originality in a translation is located in the choice of words and the construction of sentences. Two different translators never translate the same work in the same way. Therefore each of them enjoys the copyright in his translation.

The right to create a derived work, as an economic right, belongs to the author of the original work. It is essential to clarify: While the author of the derived work has the copyright. The author of his career in the actual right continues to preserve the copyright in his work; the derived work’s copyright extends only to the original elements he has added to it. Derived works are summaries of results, popular expressions, data, or facts, whether in encyclopedias, anthologies, or other data sources.

The originality of this data lies in the selection and systematization that takes place. So it takes some imagination, creativity in section, and systematization for a summary to be rightfully defended by the author. How original this should be remains to be determined by the courts on a case-by-case basis.

1. It is precisely this system, selection, or organization that protects the copyright defect.
2. If it is a matter of selecting popular facts, data, or expressions, then the author will rightly be protected only the selection and systematization and not the famous points, data, or words themselves because it is known that they can not be saved.
3. If the author does not rightfully protect the necessary works, creating the derived work requires each essential piece’s consent.
Authorship

The transition from authorship to ownership it is universally accepted that the first copyright owner of a particular work is its author. Who is the copyright owner of an audiovisual work, such as a feature film? The producer of the audiovisual work, according to copyright law, is the natural or legal person who produces it (the cinema house).

Although the content of Article 26 is intended to clarify who is called the producer of an audiovisual work, hence its title “ownership of the rights to audiovisual works,” and it seems that this article explains that the author of an audiovisual work is its producer.

It is known that many people contribute to the production of an audiovisual work, such as performers (whether these actors are musicians, etc.), composers, screenwriters, etc. These are all paid by the producer, and this payment is in exchange for the transfer to the producer of the right to use their work. These contributors retain their copyrights, each for their work, while performing artists have neighboring rights.

Another universally accepted principle is that the author is the one whose name appears regularly on the work. If the work is published under a pseudonym or without a word, the copyright owner will be the publisher. If someone proves that he is the author of such a job, of course, the copyright will pass to him.