Overview
Gambia offers protection for trademarks, patents, and industrial designs through national legislation, administered by the Registrar General’s Office under the Ministry of Justice. Additionally, it is a member state of the African Regional Intellectual Property Organization (ARIPO), providing an alternative route for securing IP rights regionally. This two-fold system allows local and foreign applicants to choose between national filings or broader coverage via ARIPO, both of which are enforceable within Gambia. Although filing procedures and examination timelines can vary, vGambia’s framework is generally aligned with international standards, ensuring that IP assets can be effectively protected and enforced. Rights holders may pursue action through the courts if infringements occur, supported by developing administrative capabilities.
International Conventions
Through direct participation and ARIPO membership, Gambia upholds several international treaties, which shape its IP protection. These include:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
IP office
Trademark registration in Gambia is handled by the Registrar General’s Office, typically on a single-class basis. Rights extend exclusively to the goods or services indicated in each class.
• Applicants must file a clear depiction of the trademark and settle official fees.
• A substantive examination ensures that the trademark has sufficient distinctiveness and does not conflict with previously registered trademarks.
• Registrations are valid for 10 years from the date of filing, renewable for additional 10-year terms.
• Applicants must provide accurate details about their identity (name, address) and the goods or services under one class per application.
• ARIPO membership grants an optional regional avenue, allowing applicants to seek protection for Gambia and other ARIPO member states through a single filing procedure.
Once registered, a trademark confers exclusive rights and can be enforced locally if unauthorized use is discovered.
Patents in Gambia are also regulated by the Registrar General’s Office. Inventions must demonstrate novelty, inventive step, and industrial applicability.
• Patent protection lasts 15 years from the filing date, subject to annual maintenance fees.
• Possible extension for a period of 5 years.
• Applicants must provide a detailed specification, claims, and any relevant technical documentation.
• Substantive examination confirms that the invention meets local patentability requirements.
• As a PCT contracting state and an ARIPO member, Gambia allows applicants to file via the international route or to designate Gambia through an ARIPO application.
Upon grant, the patent holder has exclusive rights to exploit the invention within Gambia, backed by legal avenues to address any infringement.
Industrial design protection in Gambia focuses on the novel or ornamental features of a product. Filing occurs at the Registrar General’s Office, but ARIPO-based design registration is also possible for broader coverage.
• Applicants must submit representations of the design along with payment of applicable fees.
• The design is protected initially for 5 years, renewable twice for a total of 15 years.
Once registered, the design owner can prevent unauthorized production, import, or sale of items embodying the protected design in Gambia.
