Gambia IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names

The Gambia (officially the Republic of The Gambia), commonly known as Gambia, is a country in Western Africa. The Gambia is the smallest country on mainland Africa, bordered to the north, east, and south by Senegal, and has a small coast on the Atlantic Ocean in the west.

The Gambia has a liberal, market-based economy characterized by traditional subsistence agriculture, a historic reliance on groundnuts (peanuts) for export earnings, a re-export trade built up around its ocean port, low import duties, minimal administrative procedures, a fluctuating exchange rate with no exchange controls, and a significant tourism industry.

The U.K. and other EU countries constituted The Gambia's major domestic export markets. However, in recent years Senegal, the United States, and Japan have gained fair proportions of Gambian exports.

Since May 2009, there are twelve commercial banks in The Gambia, including one Islamic bank. In May 2009, the Lebanese Canadian Bank opened a subsidiary called Prime Bank (Gambia).

General Information

Capital:

Banjul

Population:

1,7 million

Languages:

English

Government Type:

Republic

Dialing Code:

+220

Timezone:

GMT 0

Monetary Unit:

Dalasi

More information:

Gambia

International Arrangements

- ARIPO, since January 16, 1986.
- Paris Convention, since January 21, 1992, but no enabling local law yet.
- Patent Cooperation Treaty (PCT), by Chapter I and II, as of December 9, 1997, but no enabling local law yet (Jan. 2001).

Patents

Applicant:
-The proprietor of the corresponding British patent or an ARIPO patent designating Gambia.

Requirements (to be sent to resident agent for filing of application based on granted United Kingdom patent):
1. Form of authorization; no legalization is necessary;
2. Application form signed by applicant; no legalization is necessary;
3. Two certified copies of the specification of the British patent including drawings, if any;
4. Certificate by the Comptroller of British Patent Office giving full particulars of issue of the British patent.

Examination:
-There is no examination as to novelty, only as to form.

Duration:
-A registration remains in force only as long as the British patent remains in force.

Annuities:
-Payments of fees is foreseen (grace period of 6 months)

Amendment of issued patent:
-Where the British patent is amended by way of correction, explanation or disclaimer, corresponding amendments may and should be made.

Assignment:
-Assignments may be registered. Requirements for filing an assignment are: Form of authorization (no legalization is necessary); Deed of Assignment (no legalization); Original certificate of registration.

Trademarks

Applicant:
- Natural persons or legal entities.

Requirements (to be sent to resident agent for filing an application):

A. New trademark:
Full particulars of applicant, goods to be claimed, class(es) if known, and the following:
1. Form of authorization (not legalized); a separate form is required for each application;
2. Declaration of user, but only for Part B applications;
3. Statement as to whether the mark was in use in Gambia before August 31, 1916;
4. Six prints of the mark;
5. Block (not for word marks in ordinary type);
6. Certified copy of corresponding British registration if the mark relates to cotton goods falling in classes 23, 24 and 25; or if priority of British application to be claimed.

B. Renewal of trademark registration
- Form of authorization, not legalized.
Renewal should be effected within four months of the expiration of the previous period of registration. There are provisions for late renewal and restoration, subject to payment of penalties and/or restoration fees.

C. Assignments:
Only in connection with goodwill of business. Rule 25 provides that a deed of assignment will not be acted upon, except by order of court, unless recorded in the trademarks registry within three months of its execution. The following documents are required:
1. Form of authorization, not legalized, by assignee;
2. Original or notarially certified true copy of Deed of Assignment or other instrument of title;
3. Certificate of registration for endorsement.

Note: any registered trademarks entered in the register as associated, must be assigned together.

Procedure:
-Applications are examined for registrability and for conflict with prior registrations and pending applications.
-After acceptance they are to be published in the Trade Marks Journal which is a supplement to the Official Gazette, but which is rarely published, and in the absence of opposition, certificates of registration are issued.

Opposition:
-Any person may, within three months or such further period not exceeding nine months in all, as the Registrar may allow, of the advertisement of the application, give notice of opposition.

Duration of registration and renewal:
-The original period of registration is fourteen years from the date of application and thereafter renewable for like periods. Where registration is based on a corresponding British registration and applied for within four months of the filing date of the British application, the period of registration counts from the British filing date.

Applications for renewal:
-May be made within four months of the expiration of the previous registration period.

Designs and Models

Protection:
A design registered in the United Kingdom is protected automatically in Gambia.

Marking is recommended since damages cannot be recovered from a defendant who proves that at the date of infringement he was not aware nor had any reasonable means of making himself aware of the existence of the registration of the design.

Any interested party may apply to court for a declaration that no rights have been acquired in Gambia upon any of the grounds upon which the United Kingdom registration may be cancelled and publication of the design in the United Kingdom prior to the date of registration of the design in the United Kingdom is relevant.

Copyrights

Berne Convention for the Protection of Literary and Artistic Works

As a member of the Berne Convention, it is possible to copyright protect creative works in this country as well as all the other member nations automatically (more than 160 countries), with one single application.

For more information and to submit us your works for worldwide copyright protection, click here.

Domain Names

Domain extension:

.gm

Requirements:
-gm domain must be renewed on December 31st of every year;
-The registration of domain names that are not intended to be active will not be registered; these types of registrations are prohibited by the NIC in Gambia.
-An organization or person requiring the protection of their name may register a term only when clearly and unambiguously identifying the registrant organization.

More information

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Gambia IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names