INTELLECTUAL PROPERTY BILL, 2021 
 
ARRANGEMENT OF SECTIONS  
 
Section  
 
PART I - PRELIMINARY PROVISIONS  
 
1.    Short Title  
2.        Interpretation 
 
PART II - THE GAMBIA INTELLECTUAL PROPERTY OFFICE (GIPO)  
              SUB-PART A 
 
3.        Formation and Nature  
4.        Powers and duties of GIPO  
5.     Immunities of the GIPO  
 
              SUB-PART B  
 
6. Organization and Structure  
7. Appointment of Registrar General 
 
PART III - GENERAL CONDITION AND BASIC PRINCIPLES  
8.    National Treatment 
 
PART IV - PATENT AND UTILITY MODELS 
9. Purpose 
10. Scope of Inventions, Patents; Patentability  
11. Exemptions 
12. Patentable Inventions 
13. Prior Art 
14.      Disclosure 
15.      Right to Patent; Naming of Inventor 
16. Alienation 
17. Patent during Employment Relations 
18. Application for a Patent  
19. Disclosure Requirement 
20. Biological Material 
21. Claims 
22. Drawings  
23. Abstract 
24. Unity of Invention, Amendment and Division of Application 
25. Right of Priority 
26. Information Concerning Corresponding Foreign Applications for Patents 
27.    Filing Date; Examination, Grant, Publication   
28.      Grant of Patent; Changes in Patents 29.      Rights Conferred by the Patent; Limitations and Exceptions 
30. Duration, Annual Fees, Restoration  
31. Compulsory Licensing (Other use without authorization of the right holder) 
32.      Involuntary License 
33. Invalidation; Surrender 
34. International Applications Under the Patent Cooperation Treaty 
35. Filing Date and Effects of International application designating The Gambia 
36. GIPO as Receiving Office (RO) 
37. Filing of International Applications with GIPO  
38. GIPO Office as Designated Office 
39. GIPO as Elected Office 
40. Processing International Applications 
41. Entering National Phase  
42. Failure to Enter National Phase 
43. Reinstatement of Rights after Failure to Enter National Phase 
44. Restoration of Right of Priority 
45. Processing International Applications in Accordance with the Patent 
Cooperation Treaty 
 
PART V - UTILITY MODEL 
46. Utility Models (Applicability of provisions relating to patents) 
47. Special Provisions Relating to Utility Model Certificates 
48.    Conversions 
 
PART VI - INDUSTRIAL DESIGNS 
49.      Subject Matter of Protection 
50.      Registrable Industrial Designs 
51.    Right to Registration of Industrial Design; Naming of Designer 
52.      Application; Right of Priority 
53.      Filing Date; Examination, Registration and Publication  
54.      Rights Conferred by Registration 
55.      Duration of Registration 
56.      Invalidation 
 
PART VII - TRADEMARK 
57.      Exclusive Right to a Mark 
58.      Non-Registrable trademark 
59.      Application for registration of a mark 
60.      Examination, opposition and registration of a mark 
61.      Opposition Proceedings; how brought before the Court 
62.      Rights conferred by registration, duration and renewal 
63.      Limitation on rights conferred 
64.      Non-user of trademark (Removal owing to failure to use) 
65.      Collective marks 
66.      Licensing of marks and collective marks  
PART VIII - THE MADRID PROTOCOL 
67.      Conflict between the Act and the Protocol 
68.      Delegation to the Regulations 
69.      Language  
 
PART IX - INTERNATIONAL APPLICATIONS ORIGINATING FROM THE GAMBIA 
70. Entitlement to file an international application 
   71. Examination of international applications in respect of which The Gambia is the 
country of origin  
   72. Irregularities with the international application, to be remedied before the 
Registrar General 
73.      Certification  
74.      Handling fee  
75. Irregularities with the international application, to be remedied before WIPO 
76. Ceasing of effect of the basic application or basic registration  
 
PART X - INTERNATIONAL REGISTRATIONS WHERE THE GAMBIA IS A 
DESIGNATED CONTRACTING PARTY 
77.      Effects of an international registration 
78.      Examination of international registrations 
79.    Collective marks and certification marks 
80.      Ex officio provisional refusal of protection  
81.      Advertisement of the international registration; opposition  
82. Possible notification of Provisional Refusal based on opposition in accordance 
with Article 5(2)(c) of the Madrid Protocol 
83.      Provisional refusal based on an opposition  
84.      No grounds for refusal - statement of grant of protection  
85.      Statement of grant of protection following the notification of a Provisional 
Refusal  
86.      Confirmation of total refusal 
 
PART XI - FINAL DECISION FOLLOWING THE NOTIFICATION OF A PROVISIONAL 
REFUSAL  
87.      Appeals 
88.      Further decision affecting protection of a mark  
89.      Invalidation   
90.      Recordings In the international register  
91. Declaration that a change in ownership in an international registration has no 
effect in The Gambia 
92. Declaration that a limitation of goods and services in an international 
registration has no effect in The Gambia 
93.    Renewal of international registrations designating The Gambia 
94.      Replacement  
95.      Transformation  96.    Licenses 
97.      Corrections in the international register 
98.      Trade names 
99.      Acts of unfair competition 
 
PART XII - GEOGRAPHICAL INDICATIONS 
100.    Conditions for protection 
101.    Marks containing a Geographical Indication 
102.    Homonymous Geographical Indications 
103.    Competent Authority 
104.    Exclusion from Provision 
105.    Entitlement to File an Application 
106.    Application for Registration 
107.    Content of Application 
108.    Examination and Registration of Application 
109.    Publication 
110.    Opposition 
111.    Cancellation and Modification of Registrations 
112.    Use of a Geographical Indication 
 
PART XIII - PLANT BREEDER  
113.    Scope of application 
114.    Administration  
115.    Conditions for Granting of Breeder Right 
116.    Novelty  
117.    Distinctness  
118.    Uniformity 
119.    Stability  
120.    Eligibility for a plant breeder right 
121.    Persons Entitled to Apply for Protection 
122.    Filing of Application 
123.    Filing Date of Application 
124.    Right of Priority 
125.    Objection  
126.    Examination of Applications 
127.    Granting and Rejection of a Breeder Right 
128.    Rejection of application 
129.    Scope of Breeder Right 
130.    Restrictions on Exercise of Breeder’s Right 
131.    Duration of Breeder Right 
132.    Nullity of Breeder Right 
133.    Cancellation  
134.    Licenses 
135.    Assignment and transfer  
136.    Civil remedies 
  137.    Offenses 
138.    Application of International Conventions 
 
PART XIV - TRADITIONAL KNOWLEDGE AND GENETIC RESOURCES  
139.    Protection 
140.    Register 
141.    Access and benefit sharing 
142.    Duration of protection 
143.    Non-Disclosure 
144.    Right of action before the Court 
145.    Licensing and assignment 
146.    Prohibition of Export of Genetic Resources 
147.    Act of Unfair Competition  
 
PART XV - COPYRIGHT AND RELATED RIGHTS  
148.    Copyright and Related rights 
149.    Derivative Works and Collections 
150.    Works excluded from Copyright 
151.    Economic Rights 
152.    Moral Rights 
153.    Fair Use 
154.    Quotation  
155.    Private Reproduction for Personal Purposes  
156     Temporary Reproduction 
157.    Reproduction and Other Utilization for Teaching 
158.    Reproduction by Libraries and Archives  
159.    Reproduction, Broadcasting and Other Communication to the Public for 
Information Purposes 
160.    Reproduction and Adaptation of Computer Programs  
161.    Visually and Aurally Impaired Persons 
162.    Ephemeral Recordings 
163.    Use for Public Security and for the Performance or Reporting of Proceedings 
164.    Duration of Copyright and Related Rights  
165.    First Ownership of Copyright  
166.    Presumption Regarding Authorship, Producers of Audio visual Works and 
Publishers 
167.    Assignment, Relinquishment and Licensing of Authors’ Rights 
168.    Application for Registration; Issuance of Certificate  
169.    Registration of Transfers and other Documents  
170.    Protection of Performers, Producers of Sound Recordings and Broadcasting 
Organizations of Related Rights  
171.    Rights of Performers 
172.    Rights of Producers of Sound Recordings  
173.    Equitable Remuneration for use of Sound Recordings  
174.    Rights of Broadcasting Organizations 
175.    Making Available Rights 176.    Limitations on Protection 
177.    Folklore 
178.    Technological Protection Measures 
179.    Protection of Rights Management Information 
180.    Establishment of Collecting Societies 
181.    Protection of Traditional Cultural Expressions   
182.    Levy on Copyright Material 
183.    Royalties  
 
PART XVI - ENFORCEMENT OF RIGHTS 
184.    Infringement of Copyright and Related Rights 
185.    Infringements of Marks and Trade Names  
186.    Infringements of Geographical Indications 
187.    Infringements of Industrial Designs 
188.    Infringements of Patents and Utility Models 
189.    Infringements of Layout Designs  
190.    Infringement of Plant Breeders Rights 
191.    Infringement of Traditional Knowledge and Genetic Resources 
 
PART XVII - CIVIL AND ADMINISTRATIVE PROCEDURES AND REMEDIES 
192.    Equitable Procedures 
193.    Evidence 
194.    Injunctions 
195.    Damages 
196.    Other Remedies 
197.    Information to the Right Holder  
198.    Indemnification of the Defendant 
199.    Appeals 
200.    Further Sanctions 
201.    Provisional Measures 
202.    Border Measures Requirements  
203.    Application for Suspension of clearance 
204.    Request; Prima Facie Evidence 
205.    Content of Application 
206.    Security  
207.    Procedure 
208.    Inspection and Examination of Goods 
209.    Time Limit; Release of Goods 
210.    Review of Decision 
211.    Destruction of Goods; Submission to Other Customs Procedures 
212.    Right of Inspection and Information to the Right Holder 
213.    Compensation for Wrongful Detention 
214.    De Minimis Imports  
215.    Goods in Transit 
216.    Liability of Customs Department 
217.    Criminal Sanctions  
PART XVIII - INTELLECTUAL PROPERTY TRIBUNAL 
218.    Establishment of the Intellectual Property Tribunal 
219.    Composition of the Tribunal  
220.    Powers of the Tribunal  
221.    Appeals   
222.    Assessors  
223.    Regulations, Rules and procedures of the Tribunal   
224.    Reference to the Tribunal by the Registrar General  
225.    Offences 
 
PART XIX - MISCELLANEOUS 
226.    General Power of the Registrar General 
227.    Saving and transition Clause 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 INTELLECTUAL PROPERTY BILL, 2021 
 
A BILL ENTITLED 
 
AN ACT  to repeal the Industrial Property Act, 2007; Industrial 
Property (Amendment) Act 2015; the Copyright Act 2004 to 
domesticate and incorporate provisions relating to the registration of 
Intellectual Property Rights under the World Intellectual Property 
Organization (WIPO) and African Regional Intellectual Property 
Organization (ARIPO); and for connected matters. 
 
ENACTED  by the President and the National Assembly. 
 
 
PART I - PRELIMINARY PROVISIONS  
 
1. Short Title  
This Act may be cited as the Intellectual Property Act, 2021.  
 
2.  Interpretation 
In this Act, unless the context otherwise requires – 
“Action”  includes a counterclaim and references to the plaintiff and 
to the defendant in an action shall be construed accordingly;  
“Anonymous work”  means a work or sound recordings of which 
no natural person is identified as author; 
“Competition laws”  means statutes directed against unlawful 
restraints of trade and abuse of monopolies;  
 “Architectural work”  means the design of a building as embodied 
in any tangible medium of expression, including a building, 
architectural plans, or drawings. The work includes the overall form 
as well as the arrangement and composition of spaces and 
elements in the design, but does not include individual standard 
features; 
“ARIPO”  means the African Regional Intellectual Property 
Organization; 
“Artistic work”  means any of the following or works similar thereto 
irrespective of artistic quality works equivalent to – 
  
(a) paintings, drawings, etchings, lithographs, woodcuts, 
engravings or prints. 
(b) maps, plans and diagrams; 
(c) works of sculpture; 
(d) photographs not comprised in audio-visual works; 
and 
(e) works of artistic craftsmanship, pictorial woven 
tissues and articles of applied handicraft and 
industrial art;  
 
“Applicant”  means individual(s) or a legal entity that files an 
application for a Patent, Utility Model, Trademark, Copyright, Plant 
Breeder Rights, Industrial Design or any other intellectual property 
rights; 
“Author”  means an individual(s) who has created a literary, 
scientific musical or artistic work and includes writers, playwrights, 
composers, designers, painters, architects, sculptors, engravers, 
lithographers, illustrators, photographers, translators, arrangers, 
adaptors, and all other creators; 
“Audio-visual works”  means works that consist of a series of 
related images which are intrinsically intended to be shown by the 
use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, 
regardless of the nature of the material, such as films or tapes in 
which works are embodied;  
“Banjul Protocol”  means the Protocol on Marks within the 
Framework of ARIPO.  
“Basic application”  means an application for registration of a 
Mark, filed with the Registrar General and which is used as a basis 
for the filing of an international application under the Madrid 
Protocol; 
“Basic Registration”  means a Mark registered by the Registrar 
General and which is used as the basis for the filing of an 
international application under the Madrid Protocol; 
“Berne Convention” means Berne Convention for the Protection 
of Literary and Artistic Works (1886) and as revised;  
“Broadcasting”  means the transmission by wireless means for 
public reception of sounds or of images and sounds or of the 
representations thereof, including transmission by satellite; it 
includes transmission of encrypted signals where the means for 
decrypting are provided to the public by the broadcaster or with the 
broadcaster’s consent;  
“Budapest Treaty”  means the Treaty on the International 
Recognition of the Deposit of Microorganisms for the Purposes of 
Patent Procedure, done at Budapest on April 28, 1977, as 
amended.  
“Business identifier”  means any distinctive sign and shall include 
any mark, business symbol, trade name or emblem used by an 
enterprise to convey, in the course of industrial or commercial 
activities, a particular commercial identity or commercial origin with 
respect to an enterprise or the products produced or the services 
rendered by that enterprise;  
“Certification Mark”  means a sign that is used by a person other 
than its owner, or which its owner has a bona fide intention to permit 
a person other than the owner to use. to certify regional or other 
origin, material, method of production, quality, accuracy,  or other 
characteristics of such person’s goods or services, or that the work or labor on the goods or services was performed by members of an 
organization; 
“Collective mark”  means any mark that belongs to a collective 
organization such as a cooperative, an association or a federation 
of industries, producers or traders even though the mark is used by 
the members of the collective;  
“Communication to the public”  means the transmission by any 
means, other than by broadcasting, of images or sounds or both of 
a work, a performance or a sound recording in such a way that the 
images or sounds can be perceived by persons outside the normal 
circle of a family and its closest social acquaintances at a place or 
places so distant from the place where the transmission originates 
that, without the transmission, the images or sounds would not be 
perceivable;  
“Competent Authority”  Means The Gambia Intellectual Property 
Office (GIPO); 
“Compilation”  means a work formed by the collection and 
assembling of pre-existing materials or of data that are selected, 
coordinated, or arranged in such a way that the resulting work as a 
whole constitutes an original work of authorship; 
“Compulsory licenses”  means licenses issued by the government 
allowing someone else to produce the patented product or process 
without the consent of the patent owner;  
“Computer”  means an electronic or similar device having 
information-processing capabilities; 
“Computer program”  means a set of instructions expressed in 
words, codes, schemes or in any other form, which is capable, when 
incorporated in a medium that the computer can read, of causing a 
computer to perform or achieve a particular task or result; 
“Copies”  means material objects, other than sound recordings, in 
which a work is fixed by any method now known or later developed, 
and which the work can be perceived, reproduced, or otherwise 
communicated, either directly or with the aid of a machine or device. 
It includes the material object, other than a sound recording, in 
which the work is first fixed; “Copyright”  means an economic right or moral right protected 
under Part XV of this Act for a limited time;  
“Copyright Owner”  means an individual or a legal entity who owns 
any one of the exclusive rights of a Copyright in a work; 
“Counterfeiting” means taking the following actions without the 
authority of  the owner of intellectual property right subsisting in The 
Gambia in respect of protected goods – 
(a) the manufacture, production, packaging, re-
packaging, labelling or making, of any goods 
whereby those protected goods are imitated in such 
manner and to such a degree that those other goods 
are identical or substantially similar copies of the 
protected goods; 
(b) the manufacture, production or making of goods 
comprising or including, the subject matter of that 
intellectual property, or a colourable imitation thereof 
so that the other goods are calculated to be confused 
with or to be taken as being the protected goods of 
the said owner or any goods manufactured, 
produced or made under his license; 
(c) the manufacturing, producing or making of copies, in 
The Gambia, or importation of copies produced 
abroad into The Gambia in violation of an author’s 
rights or related rights; 
(d) in relation to medicine and related products, the 
deliberate and fraudulent mislabelling of medicine 
and related products with respect to identity or 
source, whether or not such products have correct 
ingredients, wrong ingredients, have sufficient active 
ingredients or have real or fake packaging; 
 
“Counterfeit Goods” means goods that are the result of 
counterfeiting any  item that bears an intellectual property right, and 
includes any means used for the purposes of counterfeiting; "Counterfeit Mark" means a spurious mark – 
(a) that is used in connection with trafficking in any 
goods, labels, patches, stickers, wrappers, budges, 
emblems, medallions, charms, boxes, containers, 
cans, hang tags, documentation or packaging of any 
type or nature; 
(b) that is identical with, or substantially indistinguishable 
from, a mark registered in the trade mark register of 
GIPO and in use, whether or not a person knows 
such a mark was registered; 
(c) that is applied to or used in connection with the goods 
or services for which the mark is registered with 
GIPO, or is applied to or consists of a label, patch, 
sticker, wrapper, badges, emblems, medallion, 
charms, boxes, containers, cans, hang tags, 
documentation or packaging of any type or nature, 
that is designed, marked or otherwise intended to be 
used on or in connection with the goods or services 
for which the mark is registered; and  
(d) the use of which is likely to cause confusion, to cause 
mistake, or to deceive; 
 
“Court” means the High Court of The Gambia; 
“Derivative work”  means a work based upon one or more pre-
existing works, such as a translation, musical arrangement, 
dramatization, fictionalization, audio-visual works, sound recording, 
art reproduction, abridgement, condensation, or any other form in 
which a work may be recast, transformed, or adapted.   A work 
consisting of editorial revision annotations, elaboration, or other 
modifications, which as a whole, represent an original work of 
authorship;  
“Designation” , with its grammatical variations, means a request for 
the extension of protection under Article 3 ter(1) or (2) of the Madrid 
Protocol, as the case may be; it also means such extension as 
recorded in the International Register; “Designated Contracting Party” means a Contracting Party for which an extension of 
protection has been requested under Article 3 ter(1) or (2) of the 
Madrid Protocol, as the case may be, or in respect of which such 
extension has been recorded in the International Re gister;                        
“Device machine” or “Process”  means one now   known or later 
developed; 
“Display work”  means to show a copy of it, either directly or by 
means of a film, slide, television image or any other device or 
process or, in the case of an audio-visual work, to show individual 
images non-sequentially;  
“Distribution”  means the lawful placement into public circulation 
of the original or a copy of a work, a fixation of a performance or a 
sound recording in tangible form through sale or other transfer of 
ownership, including importing for the purpose of such putting into 
circulation and public offering for sale and other transfer of 
ownership; 
“Exclusive license”  means a license granted to the effect that the 
licensor is bound to abstain from granting any equivalent license to 
another person covering The Gambia; 
“Exploitation”  with regard to a patent, means everything related to 
the use, sale, marketing, advertising, technology transfer, licensing 
and other activities that may generate an economic return for an 
organization, based on Intellectual Property rights; 
"Expression of Folklore"  means the form in which cultural 
heritage of The Gambia, which is created, preserved and developed 
by ethnic communities of The Gambia or by unidentified Gambian 
authors, is expressed in ways that are otherwise not eligible for 
copyright protection; 
“Genetic resources”  means genetic material of actual or potential 
value; 
“Geographical indications”  means indications which identify a 
good as originating in the territory of a country or a region or locality, 
in that territory where a given quality, reputation or other 
characteristic of the good is essentially attributable to its 
geographical origin;  “Harare Protocol”  means the Protocol on Patents and industrial 
Designs within the Framework of ARIPO;  
“Holder of an international registration”  means a natural or legal 
person in whose name the international registration is recorded on 
the International Register;  
“Industrial designs”  means a useful article which is ornamental 
(attractive) or aesthetic (visual/artistic). It may consist of three-
dimensional features such as the shape or surface of the article, or 
two- dimensional features such as patterns, lines or colour;  
“Infringing copy” means – 
 
(a) a copy, the manufacture of which constitutes an 
infringement of any rights protected by this Act; or  
 
(b)   where imported, a copy the manufacture of which would 
have constituted an infringement of such rights if 
manufactured in The Gambia by the importer;  
   
 “International application”  means an application to obtain 
protection for an intellectual property right under international filing 
treaties administered by WIPO or ARIPO; 
“International Bureau”  means the International Bureau of WIPO;  
“International Classification"  means, as regards industrial 
designs, the classification according to the Locarno Agreement 
Establishing an International Classification for Industrial Designs 
and, as regards marks, the classification according to the Nice 
Agreement Concerning the International Classification of Goods 
and Services for the Purposes of the Registration of Marks, of June 
15, 1957, as last revised;  
“International Register”  means the official collection of data 
concerning international registrations of any intellectual property 
right maintained by the International Bureau or ARIPO;  “International registration”  means the registration of a trade mark 
in the International Register; 
“Joint work”  means a work prepared by two or more authors with 
the intent that their contributions be merged into inseparable or 
interdependent parts of a unitary whole; 
 “Layout-designs”  (topographies) of integrated circuits means the 
design of the layout, that is, the three-dimensional location of 
elements and interconnections of an integrated circuit;  
“Literary works” include textual works with or without illustrations. 
They may be published or non-published; 
“Madrid Protocol”  means the Protocol Relating to the Madrid 
Agreement Concerning the International Registration of Marks, 
adopted at Madrid on June 27, 1989, as amended;  
“Making available”  means to make a work available to the public, 
by wire or wireless means, in such a way that members of the public 
may access it from a place or at a time individually chosen by them;  
“Mark” means any word, phrase, symbol, design or a combination 
of these things capable of distinguishing the goods ( “trademark” ) 
or services ( “service mark” ) of one party from those of others;  
“Minister”  means the minister responsible for the administration of 
this Act;  
“Most- favoured Nation Treatment”  means treatment accorded 
immediately and unconditionally to the nationals of all other Member 
States of the World Trade Organization;  
“Musical Work”  means musical composition, with or without 
words;  
“Office of origin”  means the Office through which the international 
application is filed in accordance with Article 2(2) of the Madrid 
Protocol;   
  “Owner of the copyright” means the first owner, an assignee or 
an exclusive licensee, as the case may be, of the relevant portion 
of the copyright; 
“Paris Convention”  means the Paris Convention for the Protection 
of Industrial Property of March, 20, 1883, as last revised;  
“Patent”  means the title granted to protect an invention;   
“Perform a work”  means to recite, render, play, dance or act a 
work, either directly or by means of device or process or, in case of 
audio-visual work, to show its images in any sequence or to make 
the sounds accompanying it audible; 
 “Person”  means an individual, partnership, corporation, trustee or 
legal representation having certain legal rights and responsibilities; 
“Priority date”  means the date of the earlier application that serves 
as the basis for the right of priority provided for in the Paris 
Convention; 
“Producer” , with respect to sound recordings, means the person, 
or legal entity that takes the initiative and has the responsibility for 
the first fixation of the sounds of a performance or other sounds, or 
the representation of sounds;  
“Public performance”  means to perform a work outside the 
normal circle of a family and its closest social acquaintances; 
“Pseudonymous”  means a work on the copies or sound 
recordings of which the author is identified under a fictitious name;  
 “Registers”  means separate registers maintained for patents, 
industrial designs, marks, copyright and related rights or the 
accumulation of all the separate registers into a central register; 
“Regulations under the Protocol”  means the Regulations under 
the Protocol Relating to the Madrid Agreement Concerning the 
International Registration of Marks”;   
“Related rights”  means rights that in certain respects are derived 
from copyright. The purpose of related rights is to protect the legal 
interests of certain persons and legal entities who contribute to 
making works available to the public; “Registrar General”  means the officer responsible for the 
administration of all intellectual property rights matters;  
“Rights Management Information”  means information which 
identifies the work, the author of the work, the owner of any right in 
the work, the performer, the performance of the performer, or 
information about the terms and condition of use of the 
work/performance, and any numbers or codes that represent such 
information, when any of these items of information is attached to a 
copy of a work or appears in connection with the communication of 
the work to the public;  
“Rome Convention”  means the International Convention for the 
Protection of Performers, Producers of Phonograms and 
Broadcasting Organizations, adopted at Rome on 26 October 1961;  
“Semi-conductor products”  means the final or intermediate form 
of an incorporated circuit in a chip, which has an electronic function;  
“Sound recordings ” means works that result from the fixation of a 
series of musical, spoken or other sounds, but not including the 
sounds accompanying an audiovisual work, regardless of the 
nature of the fixation; 
“Technological Protection Measure”  means any software, 
devices or other technologies that, in the normal course of its 
operation, are used to block, limit or provide access to a work, or 
certain actions with respect to the work (e.g., copying). TPMs 
include such things as encryption, passwords, and access controls;  
“Trade name”  means the name or designation identifying and 
distinguishing an enterprise; 
“Trade Secret”  means any information of economic value which is 
known to a limited number of persons that a person or enterprise 
has taken reasonable effort to protect it from being known to all 
others and from misappropriation; 
“Traditional Knowledge (TK)”  means knowledge, know-how, 
skills and practices that are developed, sustained and passed on 
from generation to generation within a community, often forming 
part of its culture or spiritual identity;  
“Transfer of copyright ownership”  means an assignment, 
mortgage, exclusive license, or any other conveyance, alienation, 
or hypothecation of a copyright, or any of the exclusive rights 
comprised in a copyright, whether or not it is limited in time or place 
of effect, but not including a non-exclusive license; 
“TRIPS”  means the Agreement on Trade-Related Aspects of 
Intellectual Property Rights, adopted 1 January 1995; 
“Utility models”  means an exclusive right granted for a less 
technical invention which allows the right holder to prevent others 
from commercially using the protected invention without his 
authorization for a limited period of time; 
“WIPO” means the World Intellectual Property Organization;  
“WTO” means the World Trade Organization; 
“Works made for hire”  means where the work is produced by 
officials, employees, or workers, as part of their duties, or where the 
work is commissioned by a person who is not the employer of the 
author and who pays or agrees to pay for it and the work is made in 
pursuance of that commission. 
 
PART II – THE GAMBIA INTELLECTUAL PROPERTY OFFICE 
(GIPO)  
 
SUB-PART A 
 
3. Formation and Nature  
 
There is hereby established “The Gambia Intellectual Property 
Office”, comprising a central administration and two departments, 
Copyright Department and Industrial Property Department, under 
the policy direction of the Minister responsible for the administration of this Act. Its headquarters shall be at the Ministry of Justice in the 
City of Banjul.  
 
4. Powers and duties of GIPO   
 
The powers and duties of GIPO shall be to – 
 
(a) receive, examine and grant applications of all 
intellectual property rights;  
 
(b) provide to the public, intellectual property information 
for technological and economic development; 
 
(c) conduct programs, studies, exchanges of items or 
services regarding domestic and international 
intellectual property law and the effectiveness of 
intellectual property protection domestically;  
 
(d) maintain registers for all intellectual property rights 
recorded under this Act;  
 
(e) promote inventiveness and innovativeness;  
 
(f) establish and operate an intellectual property 
documentation centre; 
 
(g) publish in the Official Gazette all publications 
required relating to intellectual property rights;   
(h) hold administrative hearings and render decisions 
and orders with respect to complaints in connection 
with intellectual property rights;   
 
(i) govern the recognition and conduct of agents, 
attorneys or other persons representing applicants 
for all intellectual property rights; and 
 
(j) do or perform all such other things or acts necessary 
for proper performance of its functions under this Act 
which may lawfully be done by a body corporate;  
 
5. Immunities of the GIPO  
 
An employee of GIPO shall not, in his or her personal capacity, be 
liable in civil or criminal proceedings in respect of any act or omission 
done in good faith in the performance of his or her functions under 
this Act.  
 
 
SUB-PART B  
 
6. Organization and Structure  
 
(1)   There shall be Registrar General who shall be the head of GIPO 
and will be assisted by a Deputy Registrar General. 
 (2)   There shall be a Registrar of Industrial Property and Registrar 
of Copyright and Related Rights as well as other staff.  
 
7. Appointment of Registrar General 
 
The Registrar General shall be appointed by the Public Service 
Commission; he or she shall perform the following duties – 
 
(a) be responsible for the day-to-day administration of 
GIPO;  
 
(b) coordinate all activities affecting bilateral and 
multilateral agreements relating to intellectual 
property in The Gambia;  
 
(c) establish a national public outreach and other 
programs within GIPO to enhance the protection of 
intellectual property rights and the development of 
intellectual property in The Gambia, as well as 
cooperation with international competent authorities 
responsible for the administration of intellectual 
property;  
 
(d) supervise all the units of GIPO in order to ensure 
effective and efficient performance of their respective 
functions and duties, and that they are in line with 
international best practices;  
 
(e) ensure implementation of administrative instructions 
relating to procedures for intellectual property 
administration and protection;   
(f) authorize the correction of any error of translation or 
transcription, clerical error or mistake in any 
application, document or recording filed with the 
Registrar General, as well as the extension of time 
for doing any act or taking any action mandated 
under this Act and or regulation thereunder; and 
 
(g) Perform such and any other functions relating to 
intellectual              property as are incidental to the 
position of a Registrar General. 
 
 
 
PART III - GENERAL CONDITION AND BASIC PRINCIPLES  
  
8. National Treatment 
 
(1)  This Act shall accord to the nationals of other Member States of 
World Intellectual Property Organization, African Regional 
Intellectual Property Organization and World Trade Organization, 
treatment no less favour and privilege than that it accords to its own 
nationals with regard to the protection of intellectual property rights, 
subject to the exceptions already provided in the Paris Convention 
of 1967 and the Berne Convention of 1971.  
 
(2) GIPO may avail itself of the exceptions permitted under 
subsection (1) in relation to legal or court and administrative 
procedures, including the designation of an address for service or 
the appointment of an agent within the jurisdiction of The Gambia, 
only where such exceptions are necessary to secure compliance 
with laws and regulations which are not inconsistent with the provisions of TRIPS and where such practices are not applied in a 
manner which would constitute a disguised restriction on trade.  
  
PART IV – PATENT AND UTILITY MODELS 
 
9. Purpose 
  
The purpose of this Section is to provide for the promotion of 
inventive and innovative activities, to facilitate the acquisition of 
technology through the grant and regulation of patents and utility 
models.  
 
10.  Scope of Inventions, Patents; Patentability  
 
The following matters shall not be regarded as inventions for the 
purpose of this Part –  
 
(a) matter that does not comply with the definition of 
invention under this Act; 
  
(b) discoveries, scientific theories and mathematical 
methods; 
  
(c) schemes, rules or methods for doing business, 
performing mental acts or playing games; 
 
(d) products of nature and substances obtained or 
extracted from nature, even if purified or otherwise isolated from nature; this exclusion shall not apply to 
the processes of isolating those natural substances;  
 
(e) computer programs and the presentation of 
information; and 
  
(f) methods for treatment of the human or animal body 
by surgery or therapy, as well as diagnostic methods 
practiced on the human or animal body; this provision 
shall not apply to products for use in any of those 
methods.  
 
11. Exemptions 
 
(1)   The following matter shall be excluded from patent protection –  
 
(a) plants and animals, including parts thereof, other 
than micro-organisms, and essentially biological 
processes for the production of plants or animals and 
parts thereof, other than non-biological and 
microbiological processes; 
  
(b) animals and plants varieties; inventions, the 
prevention within the territory of The Gambia of the 
commercial exploitation of which is necessary to 
protect public order or morality; such exclusion shall 
not be made merely because the exploitation of 
those inventions is prohibited upon by law or subject 
to regulation; pharmaceutical products; 
 (2)   Until January 1, 2033, or until the expiry of such a later period 
of extension agreed upon the World Trade Organization for Least 
Developed Countries.  
 
12. Patentable Inventions 
  
(1)  An invention is patentable if it is new, involves an inventive step 
and is industrially applicable.  
 
(2)  An invention is new if it does not form part of the state of the art.  
  
(3)  An invention shall be considered as involving an inventive step 
if, having regard to the state of the art, including written and non-
written knowledge, it would not have been obvious to a person in the 
field with ordinary skill, creativity and intuition. An inventive step will 
not exist when the invention can be directly derived from the 
combination of any pieces of prior art.  
 
(4)  An invention shall be considered industrially applicable if it can 
be made in any kind of industry leading to the production of goods 
and services; it shall include, among others, manufacturing, 
handicraft, agriculture, fishery and other services.  
 
13.  Prior Art 
 
(1) The state of the art shall consist of everything disclosed to the 
public, anywhere in the world, by publication or by oral disclosure, 
by use or in any other way, or by deposit of a material in any deposit 
institution, prior to the filing or, where appropriate, the priority date, 
of the application claiming the invention. The content of any patent 
application, the filing or priority date of which is earlier than the filing 
or priority date of the application claiming the invention, and which is subsequently published, shall also be considered as comprised in 
the state of the art for the purposes of determining novelty and 
inventive step. 
 
(2)  Failure to disclose prior art known to the applicant that is material 
to the patentability of a claimed invention shall result in the refusal 
of the patent or, if granted, its invalidation in whole or in part. 
 
14. Disclosure 
 
For the purposes of determining novelty and inventive step, 
disclosure to the public of an invention shall not be taken into 
consideration if it occurred within twelve months preceding the filing 
date or, where applicable, the priority date of the application, and if 
it was by reason or in consequence of an abuse committed by a third 
party with regard to the applicant or his predecessor in title, or by 
reason of any act committed by the applicant or his predecessor in 
title, other than the filing of an application to patent or otherwise 
obtain legal registration for the invention, with an industrial property 
authority.  
 
15.  Right to Patent; Naming of Inventor 
  
(1)   The right to a patent shall belong to the inventor.  
 
(2)   If two or more persons have jointly made an invention, the right 
to the patent shall belong to them jointly.  
 
(3)  If two or more persons have made the same invention 
independently of each other, the person whose application has the 
earliest filing date or, if priority is claimed, the earliest priority date 
shall have the right to the patent, provided such application is not withdrawn, abandoned or rejected. To this effect, the Registrar 
General shall take into account the matter claimed in the respective 
application.  
 
16. Alienation 
 
The right to a patent may be assigned by way of transfer or 
transmission by operation of the law.  
 
17. Patent during Employment Relations 
 
(1)   Where an invention is made under an employment contract the 
purpose of which is to invent, the right to the patent shall belong, in 
the absence of signed contractual provisions to the contrary, to the 
employer.    If the economic gains obtained by the employer from the 
commercial exploitation of that invention rise above the reasonable 
expectations of gain that the employer had from his employee’s 
inventive output at the time he hired him, the employee shall be 
entitled to an equitable remuneration. 
  
(2)  Where an invention is made by an employee outside an 
employment contract, but in making that invention the employee 
used materials, data or know-how of the employer, the right to the 
patent shall belong, in the absence of signed contractual provisions 
to the contrary, to the employer.  The employee shall be entitled to 
an equitable remuneration equivalent to one third of the economic 
gains obtained by the employer from the commercial exploitation of 
the invention. 
  
(3)  Any invention claimed in a patent application filed by a former 
employee within one year following the expiry of his employment, 
where the invention falls within the scope of the former employer’s 
main line of business, shall be presumed to have been made during the employment relationship, unless the employee produces 
evidence to the contrary.  
 
(4)  Any anticipated promise or undertaking by the inventor made to 
his employer to the effect that he will waive any remuneration he is 
entitled to under this section shall be without legal effect. 
  
(5)  The inventor shall be named as such in the patent, unless he or 
she indicates to the Registrar General in writing that he or she 
wishes not to be named.  Any promise or undertaking by the inventor 
made to the effect that he or she will make such a declaration shall 
be without legal effect.  
 
18. Application for a Patent  
 
(1) The application for a patent shall be filed with the Registrar 
General and shall contain a request, a description, one or more 
claims, one or more drawings (where required), and an abstract, as 
prescribed in the Regulations. It shall be subject to the payment of 
the prescribed fees.  
 
(2)  The request shall contain a petition to the effect that a patent be 
granted, the name of applicant and other prescribed data concerning 
the applicant, the inventor(s) and the agent, if any, and the title of 
the invention.  
 
(3)  Where the applicant is not the inventor, the request shall include 
a statement justifying the applicant's right to the patent application.  
 
  
 
19. Disclosure Requirement 
 
The description shall disclose the invention in a manner sufficiently 
clear and complete for all the claimed embodiments of the invention 
to be carried out by a person having ordinary skill in the art within 
The Gambia, and shall, in particular, indicate at least the best mode 
for carrying out the invention known to the inventor at the filing date 
or, where priority is claimed, at the priority date of the application.  
 
20.  Biological Material 
 
(1)  In the case of inventions related to biological material that cannot 
be described as required under this Act, the applicant shall deposit 
a sample thereof, not later than the date of filing of the application, 
with a depositary institution recognized under the Budapest Treaty. 
After the publication of the application, any interested party shall 
have access to a sample of the deposited biological material, subject 
to the obligation by said party to use said sample for experimental 
purposes only.  
 
(2)  Where the claimed invention consists of or is directly derived 
from biological material or from traditional knowledge obtained from 
a particular community, the description shall indicate the source and 
the origin of that material or knowledge, as known to the applicant. 
The application shall also provide information, including evidence, of 
compliance with any applicable legal requirements in the supplying 
country regarding prior informed consent and sharing of benefits 
arising from the commercial or other utilization of such material 
and/or knowledge.  
 21.  Claims 
 
(1)  Claims shall be clear and concise.  They shall be fully supported 
by the description.  A main claim shall define all novel and essential 
features of the invention.  All claims dependent on a main claim shall 
be subordinated to and narrower than that main claim. 
  
(2) In the case of inventions relating to chemical products and 
processes, the description, claims and abstract shall include the 
relevant internationally recognized chemical denomination of the 
claimed products or of the products obtainable with the claimed 
process. In the case of pharmaceutical products, the international 
non-proprietary name, wherever available at the date of filing the 
application, shall be included.  
 
22. Drawings  
 
Drawings shall be required when they are necessary to understand 
the invention.  
 
23.  Abstract 
 
The abstract, must be concise and precise and should accurately 
describe the essential elements and industrial applicability of the 
invention. It shall serve the purpose of technical information; in 
particular, it shall not be taken into account for the purpose of 
interpreting the scope of the protection conferred by the patent.  
 
24.  Unity of Invention, Amendment and Division of Application 
  (1)   An application for a patent shall relate to one invention only or 
to a group of inventions so linked as to form a single general 
inventive concept.  
 
(2)  The applicant may, up to the time when the application is in order 
or grant, divide the application into two or more applications 
(“divisional applications” ), provided that each divisional 
application shall not introduce matter not comprised in the disclosure 
of the initial application.  
 
(2)   Each divisional application shall be entitled to the first filing date 
and, where applicable, the priority date of the initial application.  
 
(3)  The fact that a patent has been granted on an application that 
did not comply with the requirement(s) of unity of invention under 
subsection (i) shall not be a ground for the invalidation of the patent.  
 
(4) The applicant may, up to the time when the application is in order 
for grant, amend the application, provided that the amendment shall 
not result in the application disclosing matter extending beyond what 
was disclosed in the initial application. 
 
25.  Right of Priority 
  
(1) The application may, in accordance with Article 4 of the Paris 
Convention, contain a declaration claiming the priority of one or 
earlier applications filed for the same invention by the applicant or 
his predecessor in title in or for any State party to the said 
Convention or any Member of the World Trade Organization.   The 
period of priority shall be for twelve months and shall be computed 
in accordance with the provisions of Article 4 of the Paris 
Convention, that is from the date of filing of the first application, but 
shall exclude the day of filing in the six months period, and shall end on the last day of the period unless an official holiday or a day GIPO 
is not opened in which case the period shall be extended until the 
next working day.  
 
(2) The effect of the claiming of priority shall be as provided in 
Article 4B of the Paris Convention. In particular, an application filed 
within the priority period shall not be refused or invalidated by reason 
of any acts occurring during that period, in particular, another filing 
or the publication or exploitation of the invention, and such acts shall 
not give rise to any third–party right or any right of personal 
possession.  
 
(3) Where the application contains a declaration claiming priority, 
the Registrar General may request the applicant to furnish, within 
the prescribed time limit which shall not be less than three months 
following the date of filing, a copy of the earlier application or 
applications, certified as correct by the foreign authority with which 
it was filed.    The Registrar General may also request that the copy 
be accompanied by a certificate from that authority showing the date 
of filing, and by a translation into a prescribed language.  
 
 
(4) If the Registrar General finds that the conditions for the right of 
priority or the requirements for claiming priority have not been 
fulfilled, the declaration claiming priority shall be considered not to 
have been made.  
 
26.   Information Concerning Corresponding Foreign 
Applications for Patents 
  
(1)  The applicant shall indicate in the patent application the date and 
number of any application filed abroad (“foreign application” ) by 
him or by his predecessor in title relating to the same or essentially the same invention as that claimed in the application filed in The 
Gambia. 
  
(2) The applicant shall, at the request of the Registrar General, 
provide a copy of the patent granted on the basis of the foreign 
application, accompanied by a translation into English if required, 
relating to any of the foreign applications referred to in subsection 
(a) of this Section, as indicated by the Registrar General:  
 
(3) The applicant shall provide the following documents, within 
sixty days from having received notice thereof, accompanied by a 
translation into English if required, relating to any of the foreign 
applications referred to in subsection (a) of this Section, as indicated 
by the Registrar General – 
 
(a)    a copy of any communication received by the applicant 
concerning the results of any search or examination 
carried out in respect of the foreign application; 
  
(b)  a copy of any final decision rejecting  the foreign 
application or refusing the grant requested in the 
foreign application; and 
 
(c)  a copy of any final decision invalidating the patent 
granted on the basis of the foreign application referred 
to in subsection (a) of this Section.  
 
27. Filing Date; Examination, Grant, Publication    
 
(1)  The filing date of a patent application shall be the earliest date 
on which the application contains at least the following –   
(a)     an express or implicit indication that the granting of a 
patent is sought;  
 
(b)     indications allowing the identity of the applicant to be 
established; 
  
(c)     a part, which, on the face of it, appears to be a claim 
and description of an invention; and  
 
(d)      evidence of payment of the filing fees. 
 
(2) If the Registrar General finds that the application did not fulfil, 
at the time of receipt, the requirements referred to in subsection (a) 
of this Section, he or she shall notify the applicant in writing inviting 
him or her to file the required correction within two months from the 
date of notification.  If the correction is made in due time, the filing 
date shall be the date of receipt of the required correction; otherwise 
the application shall be treated as if it had not been filed. 
  
(3) Where the application refers to drawings that in fact are not 
included in the application, the Registrar General shall notify the 
applicant in writing inviting him or her to furnish the missing drawings 
within two months from the date of the notification. If the applicant 
complies with the said invitation, the filing date shall be the date of 
receipt of the missing drawings. Otherwise, the filing date shall be 
the date of receipt of the application and any reference to the said 
drawings shall be treated as non-existent. 
 
(4) For the purposes of this Section, and to decide on the grant or 
refusal of the application, the Registrar General may take into 
account, the following –   
(a)    the results of any international search report and any 
international preliminary examination report 
established under the Patent Cooperation Treaty in 
relation to the application;  
 
(b)    any document submitted;  
 
(c)   a search and examination report carried out  by an 
external search and examination authority or by a 
specialized agency within The Gambia or abroad; and  
  
(d)    any information and evaluation provided in accordance 
with this section.  
 
(5) The Registrar General shall examine the application in 
accordance with the provisions of this Act. 
 
28. Grant of Patent; Changes in Patents 
  
(1) Where the Registrar General finds that the conditions under 
this Act are fulfilled, he or she shall grant the patent. Otherwise, he 
or she shall refuse the application and notify the applicant of that 
decision.  
 
(2)  When he grants a patent, the Registrar General shall – 
 
(a)   order a reference to the grant of the patent to be 
published in the Official Gazette;   
(b)     issue to the applicant a certificate of the grant of the 
patent and a copy of the patent document; 
  
(c)   ensure the patent is recorded  on  the  Patents Register; 
and  
 
(d)     make available copies of the patent to the public, on 
payment of the prescribed fee.  
 
(3)  The Registrar General shall, upon request of the holder of the 
patent, authorize changes in the text or drawings of the patent in 
order to limit the extent of the protection conferred thereby. No 
change shall be allowed that would result in the patent containing 
subject matter that extends beyond the matter disclosed in the initial 
application or in an extension of the matter claimed in the patent.  
 
29. Rights Conferred by the Patent; Limitations and Exceptions  
  
(1) A patent shall confer on its holder the exclusive right to prevent 
third parties from exploiting the patented invention in The Gambia.  
The scope of the rights conferred by the patent shall be defined in 
the claims. 
  
(2)  The rights under a patent may not be used to prevent – 
  
(a)    acts in respect of a product covered by the  patent after 
that product has been put on the market in The 
Gambia or abroad by the holder of the patent, by a 
person acting with the holder’s consent or having an 
economic tie to the holder, or by an otherwise authorized person. For the purposes of this provision, 
an economic tie shall exist between two persons 
where one of them may exercise on the other a 
decisive influence with respect to the exploitation of 
the patented invention, or where a third party may 
exercise such an influence on both persons; 
  
(b)   acts done for purposes of scientific  research in 
academic, educational or research and development 
institutions; 
  
(c)    acts done for experimental purposes relating to the 
subject matter of the patented invention;  
 
(e)    acts performed by any person who in good  faith, before 
the filing or, where priority is claimed, the priority date 
of the application on which the patent is granted, was 
using the invention or had made effective and serious 
preparations for such use in The Gambia (the “prior 
user”); acts done privately and for non-commercial 
purposes; 
  
(f)     the use by a farmer of the product of his harvest for 
propagation or multiplication by him on his own 
holding or for exchange with other farmers in the 
context of traditional or communal practices, where 
the plant material used by the farmer to produce the 
harvest was put on the market in accordance with 
subsection (b) (i) of this Section;  
 
(g)      the use of the invention in the body or gear of aircraft, 
land vehicles or vessels that temporarily or 
accidentally enter the jurisdiction of Gambia, or the 
importation of spare parts or accessories for the purpose of repairing such aircraft, vehicles or 
vessels; or 
 
(h)     the extemporaneous preparation in a pharmacy of a 
medicine for an individual in accordance with a 
prescription, and to dealing with the medicines so 
prepared. 
 
(3)   The right of the prior user referred to in subsection (b)(v) of this 
Section may be transferred or devolve only together with the 
enterprise or business, or with that part of the enterprise or business, 
in which the use or preparations for use have been made.  
 
30. Duration, Annual Fees, Restoration  
 
(1)  
(a) Subject to subsection (b), a patent shall expire 20 years after the 
filing date of the patent application. 
 
(b) In order to maintain the patent or the patent application, as the 
case may be, an annual fee as prescribed shall be paid in advance 
to the GIPO for each year, starting one year after the filing date of 
the application for grant of the patent.    A period of grace of six 
months shall be allowed for the late payment of the annual fee on 
payment of the prescribed surcharge.   If an annual fee is not paid in 
accordance with this subsection, the patent application shall be 
deemed to have been withdrawn or the patent shall lapse, as the 
case may be.  
 
(2 ) The Registrar General may resuscitate a patent any time upon 
payment of surcharged prescribed in then Regulations or to be 
determined by the Registrar General.  
 
31. Compulsory Licensing (Other use without authorization of 
the right holder) 
  
(1) The Registrar General or the Court may grant, upon request, a 
compulsory license where  the public interest, in particular, national 
security or cases of national emergency or other circumstances of 
extreme urgency, including those involving nutrition or health, so 
requires – 
(a) a court or administrative body has determined that 
the manner of exploitation of the patented invention, 
by the holder of the patent or someone acting under 
his or her authorization or with his or her consent, is 
anti-competitive, and that the exploitation of the 
invention in accordance with this subsection would 
remedy such practice;  
  
(b) the holder of the patent is abusing his or her 
exclusive rights or neglecting to take measures to 
prevent someo ne acting under his or her  
authorization or with his or her consent from abusing 
the exclusive rights conferred by the patent;  
 
(c) after the expiration of a period of four years from the 
date of filing of the patent application or three years 
from the date of the grant of the patent, whichever 
period expires last, the patented invention is not 
exploited or is insufficiently exploited, by working the 
invention in The Gambia,  
 
notwithstanding this, a compulsory license shall not be issued if the 
owner of the patent demonstrates that legitimate reasons such as force majeure exist which justify the non-exploitation or insufficient 
exploitation of the patented invention in The Gambia; 
  
(d) a patent (the “second patent” ) claiming an invention 
that involves an important technical advance of 
considerable economic significance in relation to an 
invention claimed in an earlier patent (the “first 
patent”) cannot be exploited without infringing the 
earlier patent; or  
 
(e) the patent owner has refused to grant a voluntary 
license to a third party on reasonable commercial 
terms and conditions. 
  
(2) Each request for a compulsory license shall be considered on 
its individual merits.   The decision shall be taken after hearing the 
holder of the patent if he or she wishes to be heard.  Where the 
compulsory license is granted by the court, the Registrar General 
shall be notified with the decision. 
  
(3) The exploitation of the patented invention shall be limited to 
the purpose and duration for which it was authorized and shall be 
subject to the payment to the said holder of an adequate 
remuneration in the circumstances of each case.  Such 
remuneration shall take into account the economic value of the 
compulsory license and, where the decision has been taken under 
subsection (a) (ii) or (iii) of this Section this shall be taken into 
account in determining the amount of the remuneration.  
 
(4) The government of The Gambia may decide at any time the 
use of a patented invention for public non-commercial purposes 
through a government agency, a subcontractor or another third person designated by the respective Ministry or the court.  The right 
holder shall be informed promptly of such use. 
  
(5) Upon request of the holder of the patent, or of the Government 
agency or person licensed to exploit the patented invention, the court 
may, after hearing the parties, if either or both wish to be heard, vary 
the terms of the decision authorizing the exploitation of the patented 
invention to the extent that changed circumstances justify such 
variation. 
  
(6) Upon the request of the holder of the patent, the Registrar 
General or the court may terminate the compulsory license if it is 
determined, after hearing the parties, if either or both wish to be 
heard, that the circumstances which led to the decision to grant the 
compulsory license have ceased to exist and are unlikely to recur.  
 
(7) A compulsory license may only be transferred with the 
enterprise or business of that person or with the part of the enterprise 
or business within which the patented invention is being exploited.  
 
(8) A compulsory license shall be non-exclusive; therefore, it shall 
not exclude – 
 
(a) the exploitation of the invention by the patent holder 
himself;  
  
(b) the conclusion of license contracts by the holder of 
the patent; and 
  
(c) the exercise, by the holder of the patent, of his rights 
under Section 13.10 (a) of this Act to the extent that it does not interfere with the operation of the 
compulsory license.  
 
(9) A request for a compulsory license shall be addressed to the 
Registrar General or to the court and accompanied by evidence that 
the holder of the patent has received, from the person seeking the 
compulsory license, a request for a contractual license, but that 
person has been unable to obtain such a license on reasonable 
commercial terms and conditions and within ninety days from the 
request.  
 
(10) Evidence concerning an attempt to obtain a voluntary license 
shall not be required in cases of national emergency or other 
circumstances of extreme urgency or in cases of public non-
commercial use or when the license is granted to remedy a practice 
determined after judicial or administrative process to be anti-
competitive; in such cases the holder of the patent shall be notified 
of the Registrar General’s decision as soon as reasonably 
practicable.  
 
(11) The exploitation of the invention under a compulsory license 
shall be predominantly for the supply of the market in The Gambia 
except when the compulsory license concerns a patent claiming a 
pharmaceutical product or a process to obtain a pharmaceutical 
product, and the purpose of the license is to export the patented 
product or the product manufactured by the patented process to a 
foreign territory with no or insufficient manufacturing capacity, in 
accordance with the WTO Decision of 30 August, 2003 or Article 31 
of the TRIPS Agreement, as appropriate, and the Annex thereto. 
  
(12) A compulsory license in respect of an invention in the field of 
semi-conductor technology or layout designs of integrated circuits 
shall only be granted for public non-commercial use or where a 
judicial or administrative body has determined that the manner of 
exploitation of the patented invention, by the holder of the patent or someone acting under his authorization or with his consent, is anti-
competitive and that the grant of the non-voluntary license would 
remedy such practice.  
 
(13) Where a compulsory license is granted under subsection 
(1)(d) of this Section, the holder of the first patent shall be entitled to 
a cross-license on reasonable terms to use the invention claimed in 
the second patent; and the license on the first patent may not be 
assigned separately from the second patent. 
  
32. Involuntary License 
 
The Registrar General in consultation with the Minister may 
authorise the use of an invention by a third party. 
 
33. Invalidation; Surrender 
  
(1) Patents shall be granted without any guarantee about the 
novelty, inventive step or industrial applicability of the invention. 
  
(2)  Any interested person may request the Registrar General or 
the court to invalidate a patent. Invalidation shall be decided on the 
evidence submitted by the parties. 
  
(3) The Registrar General or the court shall invalidate the patent if 
any section of this Act is not complied with. 
  
(4) When the grounds for invalidation are established with respect 
to a main claim, any dependent claim may be deemed invalid if it 
does not comply with any section of this Act.   If a dependent claim is invalidated, the other claims may remain valid if they comply with 
the relevant sections of this Part. 
  
(5)  Any invalidated patent, or claim or part of a claim, shall be 
regarded as null and void from the date of the grant of the patent, 
and shall be deemed as if it had never been granted.   Any limitation 
shall be deemed to have existed from the applicable filing date. 
  
(6)  Any dispute over the right to the patent under this section shall 
be heard by the court.    An interested person may request the court 
to transfer the granted patent to him or to invalidate the patent.   In 
case the interested person claims co-inventor-ship, he may request 
the court to have his name added as co-inventor and, where 
applicable, as co-holder of the corresponding patent. 
  
(7) The final decision of the court shall be notified to the Registrar 
General who shall instruct the Registrar to record it and publish a 
reference thereto as prescribed. 
  
(8) A patent may be surrendered by its holder. The surrender may 
be limited to one or more claims. 
 
34. International Applications Under the Patent Cooperation 
Treaty 
  
Specific Meanings: for purposes of this Part, the expressions: 
“designate,” “designated office,” “elect,” “elected office,” 
“international application,” “international filing date,” 
“international preliminary examination”, “priority period” and 
“receiving office”  have the same meanings as in the Patent 
Cooperation Treaty.  
 35.   Filing Date and Effects of International application 
designating The Gambia 
  
An international application designating The Gambia shall, subject 
to this section, be treated as an application for a patent filed under 
this Act having as its filing date the international filing date accorded 
under the Patent Cooperation Treaty.  
 
36.  GIPO as Receiving Office (RO) 
 
GIPO shall act as a receiving office in respect of an international 
application filed by a resident or national of The Gambia.  
 
37.  Filing of International Applications with GIPO  
 
An international application filed with the GIPO as receiving office 
shall be filed in English Language and the prescribed transmittal fee 
shall be paid to the Office.  
 
38. GIPO Office as Designated Office 
  
GIPO shall act as a designated office in respect of an international 
application in which The Gambia is designated for the purposes of 
obtaining a national patent under this Act.  
 
39. GIPO as Elected Office 
  
GIPO shall act as an elected office in respect of an international 
application in which The Gambia is designated if the applicant files a demand for the purposes of international preliminary examination 
under Section 13.14 of the Patent Cooperation Treaty.  
 
40. Processing International Applications 
  
GIPO as a designated office or elected office shall not commence 
processing of an international application designating The Gambia 
before the expiration of the prescribed time limit except if the 
applicant complies with the requirements of that subsection and files 
with the Office an express request for early commencement of such 
processing.  
 
41.  Entering National Phase  
 
The applicant shall, in respect of an international application 
designating The Gambia and before the expiration of the 30 months’ 
time limit applicable under Article 22(1) or 39(1)(a) of the Patent 
Cooperation Treaty or of such later time limit as may be specified in 
the regulations to this Act, pay the national fee to the Office and file 
with the Office a translation of the international application into 
English if the international application was not filed in, and has not 
been published under the Patent Cooperation Treaty as a translation 
into English.  
 
42.  Failure to Enter National Phase 
  
If the applicant does not comply with the requirements of Section 41 
of this Act within the time limit referred to in that subsection, the 
international application shall be considered withdrawn for purposes 
of this Act.  
 43.   Reinstatement of Rights After Failure to Enter National 
Phase 
  
(1) Where the international application is considered withdrawn 
under Section 42 of this Act, the GIPO shall, upon request of the 
applicant in accordance with the regulations to this Act, reinstate the 
rights of the applicant with respect to that international application if 
it finds that the failure to meet the time limit referred to in Section 42 
of this Act occurred in spite of due care required by the 
circumstances having been taken. 
  
(2) GIPO shall not refuse a request for reinstatement of rights 
without giving the applicant the opportunity to make observations on 
the intended refusal within a time limit, which shall not be less than 
three months counted from the date of notification. 
 
44. Restoration of Right of Priority 
  
(1) Where the international application claims the priority of an 
earlier application and has an international filing date which is later 
than the date on which the priority period expired but within the 
period of two months from that date, the Registrar General shall, 
upon request of the applicant in accordance with the regulations to 
this Part, restore the right of priority with respect to that international 
application if the Registrar General finds that the failure to file the 
international application within the priority period was unintentional 
or occurred in spite of due care required by the circumstances 
having been taken. 
  
(2) The Registrar General shall not refuse, totally or in part, a 
request for restoration of right of priority without giving the applicant 
the opportunity to make observations on the intended refusal within 
a time limit, which shall not be less than three months counted from 
the date of notification.   
 
 
45.   Processing International Applications in Accordance with 
the Patent Cooperation Treaty 
  
(1) GIPO shall process international applications in accordance 
with the provisions of the Patent Cooperation Treaty, the 
Regulations established thereunder and the Administrative 
instructions under those Regulations and with the provisions of this 
Part and the regulations thereunder. In the event of conflict, the 
provisions of the Patent Cooperation Treaty, the Regulations 
thereunder and the Administrative Instructions under those 
Regulations shall apply. 
  
(2) Further details concerning the processing of international 
applications by, and other functions of, GIPO in connection with the 
Patent Cooperation Treaty, including fees, Payable, time limits, 
prescribed languages and other requirements in relation to 
international applications, may be included in the regulations. 
 
PART V - UTILITY MODEL 
 
46.   Utility Models (Applicability of provisions relating to 
patents) 
 
The provisions of this Part relating to Patents shall apply mutatis 
mutandis to utility models certificates or applications thereof, as the 
case may be. 
 47.  Special Provisions Relating to Utility Model Certificates 
  
(1)  An invention qualifies for a utility model certificate if it is new in 
The Gambia and industrially applicable. 
  
(2) The provisions of this Act on patentable inventions and 
inventive steps, however, shall not apply to utility model certificates.  
  
(3) A utility model certificate shall expire at the end of the 10th year 
after the date of the grant of the utility model, and shall not be 
renewable.  
 
48.  Conversions 
  
(1) At any time before the grant or refusal of a patent an applicant 
for a patent may, upon payment of the prescribed fees, convent his 
or her application into an application for a utility model certificate 
which shall be accorded the filing date of the initial application. 
  
(2)  At any time before the grant or refusal of a utility model 
certificate, an applicant for a utility model certificate may, upon 
payment of the prescribed fees, convert his or her application into a 
patent application, which shall be accorded the filing date of the 
initial application. 
  
(3) An application may not be converted under subsection (a) of 
this Section more than once.  
 
PART VI - INDUSTRIAL DESIGNS  
49. Subject Matter of Protection 
  
(1) Registration under this Section shall not be granted to a design 
the features of which are dictated solely by technical or functional 
considerations. 
  
(2) An industrial design shall not be registered if it is determined 
that its commercial exploitation would be contrary to public order or 
morality.  
 
50. Registrable Industrial Designs 
  
(1) An industrial design is protected and registrable if it is 
independently created and new or original. 
  
(2) An industrial design shall not be regarded as new if it does 
not significantly differ from designs disclosed to the public anywhere 
in the world, by publication, exhibition, use in trade or in any other 
way, prior to the filing date or, where applicable, the priority date of 
the application for registration.  
 
(3) An industrial design applied to or embodied in a product that 
is a component part of a complex product shall only be considered 
to be new if the component part remains visible during the normal 
use of the complex product.  To this effect “normal use”  means use 
by the end user and does not include maintenance, servicing or 
repair works in relation to the product. 
   
(4) For the purposes of determining novelty, disclosure to the 
public of an industrial design shall not be taken into consideration if it occurred within twelve months preceding the filing date or, where 
applicable, the priority date of the application, and if it was by reason 
or in consequence of an abuse committed by a third party with 
regard to the applicant or his or her predecessor in title, or by reason 
of any act committed by the applicant or his predecessor in title, 
other than the filing of an application to register or otherwise obtain 
legal protection for the industrial design with an industrial property 
authority.  
 
51.  Right to Registration of Industrial Design; Naming of 
Designer 
   
(1) The right to registration of an industrial design shall belong to 
people who first register his or her designs. 
  
(2) If two or more persons have jointly created an industrial design 
the right to registration shall belong to them jointly.  
 
(3) The right to registration of an industrial design may be assigned, 
and may be transferred by succession. 
  
(4) Where an industrial design is made in execution of an 
employment contract the purpose of which is to create one or more 
designs, the right to registration of the industrial design shall belong, 
in the absence of contractual provisions to the contrary, to the 
employer.    If the economic gains obtained by the employer from the 
commercial exploitation of the industrial design rise above the 
reasonable expectations of gain of the employer at the time he or 
she hired the designer, the latter shall be entitled to an equitable 
remuneration. 
  (5) Any anticipated promise or undertaking by the designer to the 
effect that he or she will waive any remuneration he or she is entitled 
to under this section shall be without legal effect. 
  
(6) The designer shall be named as such in the registration of the 
industrial design, unless he or she indicates to the Registrar General 
in writing that he or she wishes not to be named.    Any promise or 
undertaking by the designer to the effect that he or she will make 
such a declaration shall be without legal effect.  
 
52. Application; Right of Priority 
  
(1)  An application for the registration of an industrial design shall 
be filed with the Registrar General in the prescribed form and shall 
contain –  
(a) a request for registration; 
 
(b) a graphic representation of each industrial design 
included in the application; 
  
(c) an indication of the product or products in respect of 
which each design is to be used; 
  
(d) proof of payment of the prescribed application fee for 
each design; and  
 
(e) shall comply with other prescribed requirements.  
 (2)  Where the applicant is not the designer, the request shall 
include a statement justifying the applicant’s right to the registration 
of the industrial design.  
 
(3) The application may contain up to one hundred industrial 
designs provided they all refer to products that belong to the same 
class of the International Classification. 
  
(4) The application may contain a request that the publication of the 
industrial design be deferred for a specified period not exceeding 30 
months from the date of filing or, if priority is claimed, from the date 
of priority, of the application. 
  
(5) The application may, in accordance with Article 4 of the Paris 
Convention, contain a declaration claiming the priority of one or more 
earlier applications filed for the same industrial design by the 
applicant or his or her predecessor in title or for any state party to 
the said Convention or any Member of the World Trade 
Organization. 
  
(6) The period of priority shall be of six months and shall be 
computed in accordance with the provisions of Article 4 of the Paris 
Convention, that is from the date of filing of the first application, but 
shall exclude the day of filing in the six months period, and shall end 
on the last day of the period unless an official holiday or a day GIPO 
is not opened in which case the period shall be extended until the 
next working day.  
 
(7) The effect of the claiming of priority shall be as provided in 
Article 4B of the Paris Convention.   In particular, an application filed 
within the priority period shall not be refused or invalidated by reason 
of any acts occurring during that period, in particular, another filing 
or the publication or exploitation of the industrial design, and such acts shall not give rise to any third–party right or any right of personal 
possession.  
 
(8) Where the application contains a declaration claiming priority, 
the Registrar General may request the applicant to furnish, within 
the prescribed time limit which shall not be less than three months 
following the date of filing, a copy of the earlier application certified 
as correct by the foreign authority with which it was filed.  The 
Registrar General may also request that the copy be accompanied 
by a certificate from that authority showing the date of filing, and by 
a translation into a prescribed language. 
  
(9) If the Registrar General finds that the conditions for the right 
of priority or the requirements for claiming priority have not been 
fulfilled, the declaration claiming priority shall be considered not to 
have been made. 
  
(10) The applicant may amend or correct the application at any 
time during its pendency.    An amendment or correction shall not be 
accepted if it involves a change in or addition to any of the designs 
contained in the initial application. 
  
(11) The applicant may divide his application at any time during 
pendency in order to separate into two or more applications the 
designs contained in the initial application.   A division shall not be 
accepted if it involves a change in or addition to any of the designs 
contained in the initial application.  
 
(12) Each divisional application shall retain the filing date and the 
right of priority of the initial application.   After the division, each 
divisional application shall be independent.  If publication of the 
application occurred before the division, the publication shall have 
effect for each divisional application.   
(13) The applicant may withdraw the application entirely or in 
respect of one or more designs at any time during its pendency.  
 
53. Filing Date; Examination, Registration and Publication  
 
(1) The filing date of an application for registration of an industrial 
design shall be the earliest date on which the application contains at 
least the following –  
(a) an express request for the registration of one or more 
industrial design; 
  
(b) indications allowing the identity of the applicant to be 
established or allowing the applicant to be contacted;  
 
(c) a representation of each industrial design for which 
registration is sought; 
  
(d) an indication of the product or products in respect of 
which each design is to be used; and 
 
(e) proof of payment of the prescribed application fee for 
each design. 
 
(2)  The Registrar General shall examine whether the application 
complies with the requirements in this Act and the Regulations 
pertaining thereto, and whether the industrial design for which 
registration is sought complies with the definition contained in this 
Act.   
(3) If the application does not comply with the prescribed 
requirements, the Registrar General shall notify the applicant 
accordingly requesting him or her to correct the application within 
two months from the date of the notification.   Upon justified request, 
that period may be extended by the Registrar General.  
 
(4) If the required correction is not made within the specified 
period, the application shall be considered withdrawn. 
  
(5) Where the Registrar General finds that the conditions referred 
to in subsection (b) are fulfilled he or she shall cause the application 
to be published in the prescribed manner. 
 
(6) Where a request has been made under Section 54 (d) for 
deferment of publication, the application shall not be published until 
the expiry of the period of deferment.  
 
(7) The Registrar General shall publish the industrial design upon 
request by the applicant at any time before the expiry of the period 
of deferment. 
  
(8) Fees for securing protection for textile designs in particular 
with respect to examination or publication shall not unreasonably 
impair the opportunity to seek protection. 
 
54. Rights Conferred by Registration 
  
(1) The registration of an industrial design shall confer on its 
holder the right to prevent others from exploiting the registered 
industrial design in The Gambia.   This right shall extend to designs that so closely resemble the registered industrial design that they 
produce the same overall impression.  
 
(2) Where an industrial design is registered only for a part of a 
product that is integral and inseparable from that product, 
infringement of the registered design shall be assessed taking into 
account the overall aspect of the product embodying the registered 
design, and not just that part in isolation. 
  
(3) Nothing in this Section shall prevent a registered industrial 
design from enjoying any protection to which it may be entitled under 
the law of copyright. 
  
(4) The rights conferred by the registration of an industrial design 
shall not extend to – 
  
(a) acts in respect of a product that embodies the 
industrial design after the product has been put on 
the market in The Gambia or abroad by the 
registered holder or by a person acting with the 
holder’s consent or having an economic tie to the 
holder; to this effect an economic tie shall exist 
between two persons where one of them may 
exercise on the other a decisive influence with 
respect to the exploitation of the industrial design, or 
where a third party may exercise such an influence 
on both persons; 
 
(b) the use of the industrial designing the body or mis- 
match such as  gear of aircraft, land vehicles or 
vessels that temporarily or accidentally enter the 
jurisdiction of The  Gambia, or the importation of spare parts or accessories for the purpose of 
repairing such aircraft, vehicles or vessels;  
 
(c) acts done privately and for non-commercial 
purposes; 
  
(d) acts done for purposes of teaching, education or 
scientific research in academic, educational or 
research institutions;  
 
(e) acts done only for experimental purposes relating to 
the industrial design; 
 
(f) the reproduction of any features of the industrial 
design that are dictated solely by functional or 
technical considerations or that are necessary to fulfil 
a technical function or purpose; 
  
(g) the reproduction of any features of the industrial 
design that must necessarily be reproduced in their 
exact form in order to permit the product in which the 
design is embodied to be mechanically connected to 
or placed in, around or against another product so 
that each product may perform its function; and 
 
(h) the reproduction of any features of an industrial 
design, that is embodied in a component part of a 
complex product, where that part is used for the 
purpose of repairing that product so as to restore its 
original appearance.  
 (5) An international application may designate The Gambia for an 
industrial design under the Harare Protocol. 
  
(6) The owner of a protected industrial design shall have the right 
to prevent third parties not having the owner’s consent for making, 
selling, or importing articles bearing or embodying a design which is 
a copy or substantially a copy of the protected design, when such 
acts are undertaken for commercial purposes.  
 
 
 
55. Duration of Registration 
  
(1) The registration of an industrial design shall be for a period of 
ten (10) years from the filing date of the application for registration. 
  
 
56. Invalidation 
  
(1) Any interested person may request the court to invalidate the 
registration of an industrial design. 
  
(2) The registration shall be invalidated if it is established that the 
object of the registration is not an industrial design in accordance 
with the provisions of the Act.  
 
(3) When the grounds for invalidation are established with respect 
to only one or some of the designs included in the registration, 
invalidation shall be limited accordingly.   
(4) Any invalidated registration shall be regarded as null and void 
from the date of the registration and shall be deemed not to have 
been granted. 
  
(5) Any dispute over the right to registration of the industrial design 
shall be heard by the Court.    An interested person may request the 
Court to transfer the registration of the industrial design to him or 
her, alternatively, to invalidate the registration.   In case the plaintiff 
claims to be a joint designer, he or she may request the court to have 
his or her name added as joint designer and, where applicable, as 
co-holder of the corresponding registration.  
 
(6) Any final decision of the Court on an action taken under this 
section shall be notified to the Registrar General who shall record it 
and publish a reference thereto as prescribed. 
 
 
PART VII - TRADEMARK 
 
57. Exclusive Right to a Mark 
 
The exclusive right to a mark shall be acquired by registration. 
 
58. Non-Registrable Trademark 
 
A mark cannot be validly registered if it is – 
 (a) incapable of distinguishing the source of  goods or 
services of one enterprise from those of other 
enterprises; 
 
(b) if it is contrary to public policy and morality; 
 
(c) if it is likely to mislead or cause confusion within trade 
circles as regards the source of the goods or 
services; 
 
(d) if it is identical with or is an imitation of, or contains 
as an element, an armorial bearing, flag and other 
State emblems of the member countries, official 
signs and hallmarks indicating control and warranty 
adopted by member countries, and any imitation from 
a heraldic point of view, and armorial bearings, flags, 
other emblems, abbreviations, and names of 
international inter-governmental organizations of 
which one or more countries of the Union are 
members, except for those that are already the 
subject of international agreements in force, intended 
to secure their protection ( “Red Cross” ) and 
emblems protected by the Geneva Convention of 
August 12, 1949; 
 
(e) if it is likely to be confused with an unregistered mark 
that is well-known in The Gambia used on the same 
or related goods or services or with a registered mark 
that is well-known in The Gambia and used on 
unrelated goods or services;  
 
(f) if it consists of or comprises a mark which so 
resembles a mark already on the register or with an 
earlier filing or priority date, as to be likely, when used on or connection with the goods or services of the 
applicant, to cause confusion, or to cause mistake, or 
to deceive; or  
 
(g) if it is not distinctive. 
 
 
 
59.  Application for registration of a mark 
 
(1) The application for registration of a mark shall be filed with 
Registrar General and shall contain a request, a reproduction of the 
mark and a list of the goods or services for which registration of the 
mark is requested, listed under the applicable class or classes of the 
Nice International Classification, and shall be accompanied by the 
payment of the prescribed application fee. 
 
(2) The application may contain a declaration claiming the priority 
of an earlier national or regional application filed by the applicant or 
his or her predecessor in title, in which case, the Registrar-General 
may require that the applicant furnishes within the prescribed time 
limit, a copy of the earlier application, certified as correct by the office 
with which it was filed. 
 
(3) The effect of the declaration shall be as provided in any 
Convention to which The Gambia is a party, and if the Registrar-
General finds that the requirements under this subsection and the 
regulations pertaining thereto have not been fulfilled, the declaration 
shall be considered not to have been made. 
 (4) The applicant may withdraw the application at any time during 
its pendency.  
 
(5)   All fees paid are non-refundable. 
  
60.  Examination, opposition and registration of a mark 
 
(1)  The Registrar General shall examine whether the application 
complies with the requirements of registration under this Act, and the 
regulations pertaining thereto. 
 
(2)   Where the Registrar-General finds that the conditions referred 
to in sub-section (1) of this section are fulfilled, he or she shall 
forthwith cause the application, as accepted, to be published in the 
prescribed manner. 
 
(3)   A person may, within three months or such further time, not 
exceeding two months in all, as the Registrar-General may allow, of 
the advertisement of the application, give notice to the Registrar-
General of opposition to the registration of the mark on grounds that 
one or more of the requirements of section 59, and section 60, of 
this Act, and the regulations pertaining thereto are not fulfilled. 
 
(4)   The notice shall be given in writing and in duplicate, and shall 
include a statement of the grounds of opposition. 
 
(5)   The Registrar General shall send a copy to the applicant, and 
within one month after the receipt of the notice, or such further time, 
not exceeding three months in all, as the Registrar-General may 
allow, the applicant shall send to the Registrar-General a counter-
statement in duplicate of the grounds on which he or she relies for his or her application, and, if he or she does not do so, he or she is 
deemed to have abandoned his or her application. 
 
(6)  If the applicant sends a counter-statement, the Registrar-
General shall furnish a copy thereof to the person giving notice of 
opposition, and shall require him or her to give security in such 
manner and to such amount as the Registrar-General may require, 
for such costs as may be awarded in respect of the opposition, and 
if the security is not given within fourteen days after the requirement 
was made or such further time as the Registrar-General may allow, 
the opposition is deemed to be withdrawn. 
 
(7)    If the person giving notice of opposition duly gives the security, 
the Registrar General shall inform the applicant thereof in writing, 
and thereafter the case shall be deemed to stand for the 
determination of the Court or Tribunal as the Registrar General may 
direct. 
 
(8)   The Registrar General may invoke quasi-judicial powers in an 
opposition proceeding before him or her and shall be required to 
issue a preliminary report recommending for the registration to be 
proceeded or to be discontinued. 
 
(9)   If any of the parties is not satisfied with the recommendation by 
the Registrar-General he or she may file the necessary processes in 
court for a determination thereof. 
 
(10)   If the applicant abandons his or her application, after notice of 
opposition in pursuance of this section, he or she is liable to pay to 
the opponent such costs in respect of opposition to registration, as 
the Registrar General may determine. 
 (11)   Where the opponent is out of The Gambia, he or she shall, 
with the notice of opposition to registration, give the Registrar-
General an address for service in The Gambia. 
 
(12)   A mark registered by WIPO in respect of which The Gambia 
has been designated by virtue of the Madrid Protocol for the 
international registration of marks, shall have the same effect in The 
Gambia, as one registered under this Act except where the 
Registrar-General communicates to WIPO in respect of the 
application for registration of the mark, a decision of his or her refusal 
to accept the registration of the mark in The Gambia. 
 
(13)   A mark registered by ARIPO in respect of which The Gambia 
has been designated by virtue of the Banjul Protocol On Marks, shall 
have the same effect in The Gambia, as one registered under this 
Act except where the Registrar-General communicates to ARIPO in 
respect of the application for registration of the mark, a decision of 
his or her refusal to accept the registration of the mark in The 
Gambia. 
 
61. Opposition Proceedings; how brought before the Court 
  
(1) When a case stands for the determination of the Court or 
Tribunal under the provisions of section 62(7) of this Act, the 
Registrar-General shall require the applicant to make a written 
application to the Court or Tribunal for an order that, notwithstanding 
the opposition of which notice has been given, the registration of the 
mark be proceeded with by the Registrar-General, or to take such 
other proceeding as may be proper and necessary for the 
determination of the case by the Court or Tribunal. 
 
(2) The applicant shall thereupon make his or her application or 
take such other proceedings, within the period of one month or such further time as the Court or Tribunal may allow, and shall also within 
the like period, give notice thereof to the Registrar-General. 
 
(3) If the applicant fails to make the application or to take such other 
proceedings, of which failure the non-receipt by the Registrar-
General of such notice shall be sufficient proof, the applicant is 
deemed to have abandoned his or her application. 
 
(4) The Court or Tribunal has power in proceedings under section 
61(7) of this Act to award to any party such costs as it may consider 
reasonable, and to direct how, and by what parties, they are to be 
paid. 
 
(5) Any decision made by the Tribunal may be appealed before the 
Court. 
 
62. Rights conferred by registration, duration and renewal 
 
(1) Owners of registered marks, shall have the exclusive right to 
prevent any third party from making use, in the course of commercial 
operations, of identical or similar signs for goods or services that are 
identical or related to those of which the mark has been registered, 
if such use would lead to confusion unless with the prior consent of 
the owner and the Register-General determines that there is no 
likelihood of confusion. 
 
(2) The use of a registered mark, in relation to goods or services 
for which it has been registered, by a person other than the 
registered owner, shall require the consent of the latter. 
 
(3) The registered owner of a mark shall, in addition to any other 
rights, remedies or actions to which they are entitled, institute court proceedings against a person who infringes the mark by using, 
without his or her consent, or who performs infringing acts. 
 
(4) The rights extend to the use of a sign the same or similar to 
the registered mark and use in relation to goods and services the 
same or related to those for which the mark has been registered, 
where confusion may arise in the public. 
 
(5) The registration of a mark shall be valid for a period of ten 
years from the filing date of the application for registration. 
 
(6) The registration of a mark may, on request, be renewed for 
consecutive periods of ten years, provided that the registered owner 
pays the prescribed renewal fee. 
 
(7) A grace period of six months shall be allowed for the late 
payment of the renewal fee, on payment of the prescribed 
surcharge. 
 
63. Limitation on rights conferred 
 
(1) The rights conferred by the registration of a mark shall not 
extend to acts relating to articles placed on sale in The Gambia or in 
any other country or imported into The Gambia by the owner of the 
mark or with his or her consent. 
 
(2) The rights do not extend to the use of articles on aircraft, land 
vehicles or vessels of other countries, which temporarily or by 
accident entered the airspace, land territory or territorial waters of 
The Gambia.  
(3)  Without prejudice to the provisions of the Act, the Minister 
responsible for trade may, on his own accord or at the request of any 
interested party, declare that the rights in a registered mark have 
been exhausted and authorize third parties to import the goods 
identified by a mark which is registered or otherwise protected or 
bears such a mark from another territory, if such goods are not 
available in sufficient quantity and quality to meet local demand, or 
at prices which the Minister deems abusive or on any other grounds 
of public interest, including anti-competitive practices, provided    that 
– 
 
(a) the goods have been commercialized in the territory 
of The Gambia or that of another country from which 
they have been imported by the holder of the mark or 
with his or her consent; and 
 
(b) a similar or identical mark has been registered or 
otherwise protected in the territory from which the 
product has been imported and it belongs to the 
holder of the mark registered or otherwise protected 
in The Gambia or to a person over whom the holder 
has authority. 
 
(4)  If the importer fails to meet the goals which warranted the 
Minister’s decision to consider the rights in the mark exhausted, the 
Minister shall revoke the authorisation on his own accord or at the 
request of the owner of the mark. 
 
(5) If the conditions underlying the Minister’s decision to consider 
the rights in the mark exhausted no longer obtain, the Minister may, 
on his or her own accord or at the request of the owner of the mark, 
revoke the authorisation without prejudice to the legitimate interests 
of the importer, in particular the right to clear his or her stock.  
(6) The Minister responsible for public health may in consultation 
with the Minister of Justice, take steps to limit the use of marks in 
order to facilitate the prescription of pharmaceutical products and 
generic medical devices and access to such products and devices 
in order to dissuade the public from consuming products deemed 
harmful to health, provided these steps do not further unjustifiably 
reduce the capacity of the mark in question to distinguish the 
products of one party from those of another.  
 
 
64. Non-user of trademark (Removal owing to failure to use) 
 
A registered mark may, on application to the Registrar-General by 
any person or suo moto by the Registrar General, be taken off the 
register in respect of any of the goods or services for which it is 
registered on the ground that – 
 
(a) it was registered by the proprietor or a predecessor 
in the title without a bona fide intention to use the 
same in connection with the goods or services and 
that there has been no bona fide user thereof in 
connection therewith; or 
 
(b) there has been no bona fide use of the trademark in 
connection with the goods or services during the five 
years immediately preceding the application, 
 
unless in either case the non-use is shown to be due to special 
circumstances in the trade and not to any intention not to use or to 
abandon the trademark in respect of such goods or services.  
 65. Collective marks 
 
(1) An application for registration of a collective mark shall 
designate the mark as a collective mark and shall be accompanied 
by a copy of the regulations governing the use of the collective mark.  
 
(2) The registered owner of a collective mark shall notify the 
Registrar-General of any changes made in respect of the regulations 
referred to in subsection (1) of this section. 
 
(3) In addition to the grounds provided in this Act the court shall 
invalidate the registration of a collective mark if the person 
requesting the invalidation proves that only the registered owner 
uses the mark, or that he or she uses or permits its use in 
contravention of the regulations referred to in subsection (2) of this 
section, or that he or she uses or permits its use in a manner liable 
to deceive trade circles or the public as to the origin of the goods or 
services concerned. 
 
66. Licensing of marks and collective marks 
 
(1) A licence contract concerning the registration of a mark, or an 
application therefor, shall provide for effective control by the licensor, 
of the quality of the goods or services of the licensee in connection 
with which the mark is used. 
 
(2) If the licence contract does not provide for the quality control 
or if the quality control is not effectively carried out, the licence 
contract is not valid and the exclusive right referred in this Act may 
not be exercised. 
 (3)  The registration of a collective mark, or an application therefor, 
may not be the subject of a licence contract. 
 
 
PART VIII - THE MADRID PROTOCOL 
67. Conflict between the Act and the Protocol 
In the event of conflict between any provision of this Act and the 
Regulations and those of the Protocol and the Regulations under the 
Protocol, the provisions of the Protocol and the Regulations under 
the Protocol shall prevail.   
 
68. Delegation to the Regulations 
 
Further details concerning the Protocol, in particular, the processing 
of international applications where The Gambia is considered to be 
the Office of origin and of international registrations designating The 
Gambia may be given in the Regulations. 
 
69. Language  
 
(1)  Any communication, including an international application, for 
transmittal to the International Bureau through the intermediary of 
the Registrar General shall be in English.   
 
(2)  Any communication concerning an international application or 
an international registration addressed to the International Bureau 
by the Registrar General shall be in English.   
 
 PART IX - INTERNATIONAL APPLICATIONS ORIGINATING 
FROM THE GAMBIA 
 
70.  Entitlement to file an international application 
 
(1)  Any natural person or legal entity that is a national of The 
Gambia, is domiciled in or has a real and effective industrial or 
commercial establishment in The Gambia, is entitled to file an 
international application with the Registrar General provided the 
basic application(s) or basic registration(s), as the case may be, 
used as a basis to file the international application is in the name of 
that natural person or legal entity.   
 
(2)  The applicant shall provide, at the request of the Registrar 
General, such evidence as may be necessary to satisfy the Registrar 
General that the applicant is entitled to file the application in 
accordance with paragraph (1).  
 
71. Examination of international applications in respect of 
which The Gambia is the country of origin  
 
Where an international application is filed with the Registrar General 
for transmittal to the International Bureau, the Registrar General 
shall verify –  
 
(a)     that The Gambia may be considered as the  country 
of origin in respect of that application; and  
 
(b)  that the relevant particulars appearing in the 
international application correspond to the relevant 
particulars appearing in the basic application or basic 
registration, as the case may be, in accordance with the provisions of the Madrid Protocol and the 
Regulations under the Protocol. 
 
72. Irregularities with the international application, to be 
remedied before the Registrar General 
 
(1) Where the international application does not comply with the 
prescribed requirements, the Registrar General shall give the 
applicant the opportunity to submit the requested information or pay 
the handling fee.   
 
(2)  The prescribed handling fee shall be due and payable to the 
Registrar General in connection with the filing of an international 
application originating in The Gambia.   
 
(3) Where the applicant does not provide the requested 
information or the payment of the handling fee within the stipulated 
time determined by the Registrar General, the international 
application is considered abandoned and the Registrar General shall 
not forward this to the International Bureau.   
 
73. Certification  
 
(1)   Where the international application complies with the 
prescribed requirements, the Registrar General shall –   
 
(a)     so certify in the international application,  indicating the 
date on which the international application was 
received; and  
 (b)    forward the international application to the International 
Bureau.  
 
74. Handling fee  
 
The prescribed handling fee shall be due and payable to the 
Registrar General for the certification and transmittal to the 
International Bureau of an international application originating in The 
Gambia. 
 
75.  Irregularities with the international application, to be 
remedied before WIPO 
 
(1)  The Registrar General will respond to the International Bureau, 
as appropriate, to any irregularities issued under Rules 11 to 13 of 
the Regulations under the Protocol, within the time limit given by the 
International Bureau.   
 
(2) Where the irregularity has to be remedied by the Office of origin, 
the Registrar General shall consult with the applicant and give a 
short time limit to provide the requested information.    Where the 
information is received within the given time limit, the Registrar 
General shall forward this to the International Bureau. 
 
76.    Ceasing of effect of the basic application or basic 
registration  
 
Where in accordance with Article 6 of the Madrid Protocol, the basic 
application, the registration resulting from such application or the 
basic registration, ceases to have effect, the Registrar General  shall 
–   
(a)  inform the International Bureau  accordingly,  in 
accordance with Rule 22 of the Regulations under the 
Protocol; and  
 
(b)    request the cancellation of the international registration 
in respect of the goods and services affected. 
  
 
 
 
 
 
PART X - INTERNATIONAL REGISTRATIONS WHERE THE 
GAMBIA IS A DESIGNATED CONTRACTING PARTY 
 
77. Effects of an international registration 
 
(1) An international registration designating The Gambia shall 
have the same effects as from the date of the international 
registration or of the subsequent designation of The Gambia, as the 
case may be, as an application for the registration of the mark filed 
directly with the Registrar General under the Act.   
 
(2)  The date of filing would be the date of the international 
registration where The Gambia is designated in the international 
registration or the date of the subsequent designation where The 
Gambia is designated subsequently to the international registration.  
 (3)  The indication of classes of goods and services set out in the 
international registration, in which The Gambia is designated, shall 
not bind the Registrar General with regard to the determination of 
the scope of the protection of the mark. 
 
(4) If no refusal is notified by the Registrar General to the 
International Bureau in accordance with the Protocol and the 
Regulations under the Protocol, or if a refusal has been so notified 
but has been subsequently withdrawn, or if a statement of grant of 
protection is sent by the Registrar General, the protection of the 
mark in The Gambia shall be the same as if the mark had been 
registered directly by the Registrar General on the date of the 
international registration or of the subsequent designation of The 
Gambia, as the case may be.   
 
 
78. Examination of international registrations 
 
(1) The Registrar General shall examine the marks that are the 
subject of international registrations designating The Gambia in 
relation to Sections 60 and 62 of the Act.   
 
(2)  Where any elements of the mark would be in a language other 
than English, and the holder has not declared that the word has no 
meaning, a translation into English is required.  Where such 
translation is not included in the international registration, the 
Registrar would issue an ex officio provisional refusal.  
 
79.  Collective marks and certification marks 
 
(1)   For collective marks in international registrations designating 
The Gambia, Section 67 of the Act shall apply mutatis mutandis.     
(2) Where the regulations governing the use of such mark have not 
been submitted directly to the Registrar General, the Registrar 
General would issue an ex officio provisional refusal. 
 
 
80. Ex officio provisional refusal of protection   
 
(1)   Where the Registrar General finds that in accordance with the 
provisions of the Act, the mark that is the subject of an international 
registration designating The Gambia cannot be protected or can be 
accepted with conditions only, he or she shall, before the expiry of 
the refusal period applicable under Article 5(2)(b) of the Madrid 
Protocol, notify to the International Bureau a provisional refusal of 
protection, complying with the requirements of the Madrid Protocol 
and the Regulations under the Protocol.  
 
(2)   The holder of that international registration shall enjoy the same 
remedies as if the mark had been filed for registration directly with 
the Registrar General. 
 
(3) Any provisional refusal of the international registration 
designating The Gambia must be notified to the International 
Bureau, together with a statement of all grounds, before the expiry 
of 18 months from the date on which the notification of the extension 
has been sent to The Gambia by the International Bureau.   
 
(4) The holder may contest the provisional refusal by requesting a 
review before the Registrar General/Tribunal/High Court of The 
Gambia within a period (of three months counted from the date of 
the notification to the holder sent by the International Bureau).   
 (5)   Where the holder has no address for service in The Gambia, 
the request for review must be submitted in writing through a duly 
appointed representative domiciled in The Gambia together with a 
power of attorney.   
 
(6)  Where the holder does not respond to the provisional refusal 
within the given time limit, the designation of The Gambia is deemed 
abandoned.   
 
81. Advertisement of the international registration; opposition  
 
(1)  Where in respect of an international registration, in which The 
Gambia has been designated, the Registrar General finds that the 
conditions referred to in the Act are fulfilled; he or she shall cause 
the international registration to be published as provided in the Act.  
 
(2)  A person who opposes the protection of an international 
registration designating The Gambia (the opponent) may file with the 
Registrar General a notice of opposition within the period of three 
months from the date of publication. 
 
(3)   Opposition to the international registration shall be governed by 
the provisions of this Act regarding opposition, mutatis mutandis.  
 
82. Possible notification of Provisional Refusal based on 
opposition in accordance with Article 5(2)(c) of the Madrid 
Protocol 
 
Where the period to file an opposition against an international 
registration ends after the expiry of the refusal period specified in 
Article 5(2)(b) of the Madrid Protocol or the Registrar General 
considers that it will end too late for the Registrar General to send a notification under Section 76 (Provisional Refusal based on an 
opposition) within that refusal period, the Registrar General shall 
send a communication informing that fact to the International 
Bureau, complying with the requirements of Rule 16 of  the 
Regulations under the Protocol.  
 
83. Provisional refusal based on an opposition  
 
(1)  Where an opposition is filed with the Registrar General in respect 
of an international registration designating The Gambia, the 
Registrar General shall, before the expiry of the refusal period 
applicable under Article 5(2)(b) or (c) of the Madrid Protocol, notify 
that fact to the International Bureau as a provisional refusal based 
on an opposition, in accordance with the provisions of the Madrid 
Protocol and the Regulations under the Protocol. 
 
(2)  The holder of the international registration concerned shall enjoy 
the same remedies as if the mark had been filed for registration 
directly with the Registrar General.  
 
(3) The holder may file the counter-statement within a period of 
(three months), counted from the date of the notification to the holder 
sent by the International Bureau.   
 
(4) Where the holder has no address for service in The Gambia, 
the counter-statement must be submitted in writing through a duly 
appointed representative domiciled in The Gambia together with a 
power of attorney.   
 
(5) Where the holder does not file the counter-statement within the 
given time limit, the designation of The Gambia is deemed 
abandoned.  
(6)  After giving both parties opportunities to present their 
arguments, the Registrar General shall make his or her decision on 
the opposition and the possible protection of the international 
registration in The Gambia. 
 
84. No grounds for refusal - statement of grant of protection  
 
Where all procedures before the Registrar General have been 
completed and there is no ground for the Registrar General to refuse 
protection, he or she shall as soon as possible and before the expiry 
of the refusal period applicable under Article 5(2) of the Madrid 
Protocol, send to the International Bureau, a statement to the effect 
that protection is granted to the mark in The Gambia. 
 
85.  Statement of grant of protection following the notification 
of a Provisional Refusal  
 
Where the Registrar General has notified the International Bureau of 
a provisional refusal of protection in accordance with Sections (75) 
or (76)  and, all the procedures before the Office having been 
completed, the mark is either totally or partially protected, the 
Registrar General shall send to the International Bureau, in 
accordance with the relevant provisions of the Regulations under the 
Protocol – 
 
(a) a statement to the effect that the provisional refusal 
is withdrawn and that protection of the mark is 
granted in The Gambia for all the goods and services 
for which protection has been requested, or 
 (b) a statement indicating the goods and services for 
which or the conditions under which protection of the 
mark is granted in The Gambia. 
 
86. Confirmation of total refusal 
 
Where the Registrar General has sent to the International Bureau a 
notification of total provisional refusal in accordance with Sections 
(75) or (76) and, all the procedures before the Office having been 
completed, the Registrar General has decided to confirm such 
refusal of protection of the mark in The Gambia for all the goods and 
services for which protection has been requested, the Registrar 
General shall send to the International Bureau a statement to that 
effect, in accordance with the relevant provisions of the Regulations 
under the Protocol.   
 
PART XI - FINAL DECISION FOLLOWING THE NOTIFICATION 
OF A PROVISIONAL REFUSAL  
 
87. Appeals 
 
(1)  Any person aggrieved with any decision made by the Registrar 
General in respect to international registrations designating The 
Gambia may appeal therefrom to the Tribunal or the High Court of 
The Gambia within a period of three months from the date of such 
decision of the Registrar General.   
 
(2)  Any decision, judgment or order of the Tribunal or the High 
Court of The Gambia following the appeal filed in accordance with 
(1), shall be communicated to the International Bureau as a further 
decision in accordance with this Act.  
 88. Further decision affecting protection of a mark  
 
Where a notification of provisional refusal has not been sent by the 
Registrar General within the applicable time limit under Article 
5(2)(b) of the Madrid Protocol, or, where following the sending of a 
statement in accordance with provisions of this Act, a further 
decision, taken by the Registrar General or the High Court of The 
Gambia, affects the protection of a mark in The Gambia, the 
Registrar General shall, to the extent that the Registrar General is 
aware of that decision, without prejudice to Rule 19 of the 
Regulations under the Protocol, send to the International Bureau a 
further statement indicating the status of the mark and, where 
applicable, the goods and services for which the mark is protected 
in The Gambia.   
 
89. Invalidation  
 
Where, upon a final decision, the Court pronounces the invalidation 
of the effects of an international registration in The Gambia, the 
Registrar General shall, provided that the Registrar General is made 
aware of that decision, notify the International Bureau in accordance 
with the relevant provisions of the Protocol and the Regulations 
under the Protocol.   
  
 
90. Recordings in the international register  
 
(1) Any recording made in the International Register in respect of 
an international registration shall to the extent that it applies to The 
Gambia as a designated Contracting Party, have the same effect as 
if it had been recorded by the Registrar General in the register of 
marks.   
(2) Where, under the laws of The Gambia, the Registrar General 
considers that the recording referred to in paragraph (1) has no 
effect in The Gambia, the Registrar General shall, where so provided 
for in the Regulations under the Protocol, send a communication to 
the International Bureau to this effect, in accordance with (draft 
provisions below on change in ownership and limitation).   
 
91. Declaration that a change in ownership in an international 
registration has no effect in The Gambia 
 
(1) Where The Gambia is notified by the International Bureau of a 
change in ownership of an international registration affecting The 
Gambia, the Registrar General may declare that the change in 
ownership has no effect in The Gambia.  The effect of such a 
declaration shall be that, with respect to The Gambia as the 
designated Contracting Party, the international registration 
concerned shall remain in the name of the transferor. 
 
(2) The declaration referred to in paragraph (1) shall indicate – 
 
(a) the reasons for which the change in ownership has 
no effect, 
 
(b) the corresponding essential provisions of the law, 
and 
 
(c) whether such declaration may be subject to review or 
appeal. 
 (3) The declaration referred to in paragraph (1) shall be sent to the 
International Bureau before the expiry of 18 months from the date 
on which the notification referred to in paragraph (1) was sent to The 
Gambia. 
 
(4) The holder of the international registration may request a 
review of the declaration by the Registrar General within a period of 
three months, counted from the date of the notification sent by the 
International Bureau. 
   
(5)  Where the holder has no address for service in The Gambia, 
the request for review must be submitted in writing through a duly 
appointed representative domiciled in The Gambia together with a 
power of attorney.  
 
(6) Any final decision relating to a declaration made in accordance 
with paragraph (4) shall be notified to the International Bureau. 
 
92. Declaration that a limitation of goods and services in an 
international registration has no effect in The Gambia 
 
(1) Where The Gambia is notified by the International Bureau of a 
limitation of the list of goods and services in an international 
registration affecting The Gambia, the Registrar General may 
declare that the limitation has no effect in The Gambia.   The effect 
of such a declaration shall be that, with respect to The Gambia as 
the designated Contracting Party, the limitation shall not apply to the 
goods and services affected by the declaration. 
 
(2) The declaration referred to in paragraph (1) shall indicate – 
 (a) the reasons for which the limitation has no effect, 
 
(b) where the declaration does not affect all the goods 
and services to which the limitation relates, those 
which are affected by the declaration or those which 
are not affected by the declaration, 
 
(c) the corresponding essential provisions of the Act, 
and 
 
(d) whether such declaration may be subject to review or 
appeal. 
 
(3) The declaration referred to in paragraph (1) shall be sent to the 
International Bureau before the expiry of 18 months from the date 
on which the notification referred to in paragraph (1) was sent to The 
Gambia. 
 
(4) The holder of the international registration may request a review 
of the declaration by the Registrar General within a period of three 
months counted from the date of the notification sent by the 
International Bureau.   
 
(5)  Where the holder has no address for service in The Gambia, 
the request for review must be submitted in writing through a duly 
appointed representative domiciled in The Gambia together with a 
power of attorney.   
 
(6) Any final decision relating to a declaration made in accordance 
with paragraph (4) shall be notified to the International Bureau.  
93. Renewal of international registrations designating The 
Gambia 
 
International registrations which, in accordance with Article 7 of the 
Madrid Protocol, have been renewed in respect of The Gambia as a 
designated Contracting Party shall continue to have effect in The 
Gambia. 
 
94. Replacement  
(1)  Where – 
(a)      a mark registered in The Gambia is also  the  subject 
of an international registration, and the protection 
resulting therefrom extends to The Gambia;  
 
(b)   the same person is recorded as  holder of  the 
registration in The Gambia and of the international 
registration;  
 
(c)    goods and services listed in the registration in The 
Gambia are also listed in the international registration 
in respect of Gambia; and  
 
(d)     the extension of that international registration to The 
Gambia took effect after the date of registration of the 
mark in The Gambia, the holder of the international 
registration may request the Registrar General to 
take note of that international registration in the 
register.  
 (2)   A request filed with the Registrar General in accordance with 
paragraph (1), shall be made on the prescribed form and shall be 
subject to the payment of the prescribed fee.  
 
(3)  Replacement of the national registration by an international 
registration is deemed to be automatic when the conditions under 
Article 4bis(1) of the Protocol are met.  Replacement is not 
dependent on any action by the holder or the Registrar General. The 
effective date of replacement is the date of the international 
registration or the subsequent designation.    
 
(4) The Registrar General may examine the request referred to in 
paragraph (1) for compliance with the conditions under Article 
4bis(1) of the Protocol. 
 
(5)   Where the Registrar General has taken note of an international 
registration in accordance with paragraph (1), the Registrar General 
shall notify the International Bureau accordingly. 
 
(6)  The notification shall indicate the following – 
 
(a)     the number of the international registration in question;  
 
(b)    where only some of the goods and services  listed  in 
the international registration are concerned, those 
goods and services;  
 
(c)  the filing date and number of the application for 
registration of the mark in The Gambia;  
   (d)    the registration date and number of the registration in 
The Gambia;  
 
(e)  the priority date, if any, of the registration in The Gambia; 
and 
 
(f)     information relating to other rights acquired by virtue of 
the registration in The Gambia. 
 
(7)    A national registration or registrations shall not be cancelled or 
otherwise affected by the fact that they are deemed to be replaced 
by an international registration or that the Registrar General has 
taken note in its Register of the latter. 
 
(8)  Where all the goods and services listed in the national 
registration or registrations are not listed in the international 
registration, the scope of replacement shall be limited to those goods 
and services that are listed in both the national and the international 
registration.   
 
95. Transformation  
 
(1)   Where an international registration designating The Gambia is 
cancelled at the request of the office of origin, in accordance with 
Article 6(4) of the Madrid Protocol, in respect of all or some of the 
goods and services listed in the international registration, an 
application may be made to the Registrar General within three 
months from the date on which the international registration was 
cancelled, by the person who was the holder of the international 
registration at the date of its cancellation, for registration of the same 
trademark ("an application resulting from transformation”), in respect of goods and services covered by the list of goods and services 
contained in the international registration.  
 
(2)   Subject to sub-paragraphs (3) to (8), the provisions applicable 
to a trademark application filed directly with the Registrar General 
shall apply mutatis mutandis to an application resulting from 
transformation.  
 
(3)  An application resulting from transformation shall include the 
following – 
 
(a)    a statement that the application is made by way of 
transformation;  
 
(b)  the international registration  number of  the international 
registration which has been cancelled; 
 
(c)    the date of the said international registration, or the 
date of recording of the subsequent designation, as 
appropriate;  
 
(d)     the date on which the cancellation of the international 
registration was recorded; and  
 
(e)    where applicable, the date of any priority claimed in the 
international application and recorded in the 
International Register.  
 
(4)   An application resulting from transformation shall be subject to 
the payment of the prescribed transformation fees.  
(5)  Where an international mark has become protected in The 
Gambia on or before the date on which the international registration 
was cancelled and, provided that all the requirements relating to an 
application resulting from transformation have been met, that 
trademark shall be registered by the Registrar General.   The date 
of registration shall be the date of the cancelled international 
registration, or the date of the subsequent designation, as 
appropriate, and that registration shall enjoy any priority enjoyed by 
the cancelled international registration.  
 
(6)  Where an international application has not yet become protected 
in The Gambia on or before the date on which the international 
registration was cancelled, any procedures or measures already 
undertaken on or before the date on which an application resulting 
from transformation is filed for the purpose of the international 
registration shall be considered as having been undertaken for the 
purposes of the application resulting from transformation.  The filing 
date of the application resulting from transformation shall be the date 
of the international registration or the date of recording of the 
territorial extension to The Gambia made subsequently to the 
international registration, as appropriate. 
 
96. Licenses 
 
For recording of a license in an international registration with effect 
for The Gambia, Section 67 of the Act shall apply mutatis mutandis.  
 
97. Corrections in the international register 
 
(1)  Upon receiving a notification from the International Bureau of a 
correction of an international registration where The Gambia is 
designated, the Registrar General may declare in a notification of provisional refusal to the International Bureau that it considers that 
protection cannot, or can no longer, be granted to the international 
registration as corrected.   
 
(2)  The Registrar General shall send such declaration within a 
time limit of 18 months counted from the date of sending the 
correction to The Gambia by the International Bureau.   
 
98. Trade names 
 
(1) A name or designation shall not be used as a trade name if, by 
its nature or the use to which it may be put, it is contrary to public 
order or morality and if, in particular, it is liable to deceive trade 
circles or the public as to the nature of the enterprise identified by 
that name. 
 
(2) Notwithstanding any laws or regulations providing for any 
obligation to register trade names, the names shall be protected, 
even before or without registration, against any unlawful act 
committed by third parties. 
 
(3) In particular, any subsequent use of the trade name by a third 
party, whether as a trade name or a mark or collective mark, or any 
such use of a similar trade name or mark, likely to mislead the public, 
is deemed unlawful. 
 
(4) A name or a designation shall not be registered if it has a 
negative meaning in the major local languages in The Gambia. 
 
99. Acts of unfair competition  
(1) An act of competition contrary to honest practices in industrial 
or commercial matters is unlawful. 
 
(2) The following acts, in particular, are deemed to constitute acts 
of unfair competition – 
 
(a) all acts of such a nature as to create confusion by 
any means whatsoever with the enterprise, the 
goods, or the industrial commercial activities of a 
competitor; 
 
(b) false allegations in the course of trade, of such a 
nature as to discredit the enterprise, the goods, or the 
commercial activities of a competitor;  
 
(c) indications, advertising or allegations, the use of 
which, in the course of trade, is liable to mislead the 
public as to the nature, manufacturing process, 
characteristics, suitability for their purpose, or the 
quality of the goods or services, conditions on which 
goods and services are offered or supplied, the price 
of goods or services or the modes of circulation; 
 
(d) any act likely to cause confusion in trade circles 
relating to – 
 
(i) a mark, registered or not; 
 
(ii) a trade name; 
 (iii) a distinctive corporate sign other than a mark or 
trade name; 
 
(iv) a product’s external appearance; 
 
(v) the presentation of goods or services; or 
 
(vi) a famous person or well-known fictional 
character. 
 
(e)   the acquisition, disclosure or use of a trade secret 
without the trade secret owner’s consent. 
 
PART XII - GEOGRAPHICAL INDICATIONS 
 
100. Conditions for protection 
 
Any interested person may institute proceedings in the Court to 
prevent, in respect of geographical indications – 
 
(a) the use of any indication or designation in the 
presentation of a good in the course of trade that 
suggests that the good in question originates in a 
geographical area other than its true place of origin 
in a manner which misleads the public as to the 
geographic origin of the good;  
 
(b)  any use that would constitute an act of unfair 
competition under the Competition Act of The 
Gambia;  
 (c)    protection under this Part shall be available against 
another geographical indication which, although 
literally true as to the territory, region or locality in 
which the goods originate falsely represents to the 
public that the goods originate in another territory; 
and  
 
(d)     any use of a geographical indication for goods (wines 
and spirits) not originating in the place indicated by 
the geographical indication in question, even where 
the true origin of the goods is indicated or the 
geographical indication is used in translation or 
accompanied by waivers, delocalizing clarifications 
or expressions such as “kind”, “type”, “style” , 
“imitation”  or others of similar effect.  
 
101. Marks containing a Geographical Indication 
 
(1) Registration of a trademark containing a geographical indication 
or constituted by such indication shall be refused or invalidated if the 
use of such indication in the trademark for such products is liable to 
mislead the public as to the true place of origin. 
 
(2) Likewise, registration of a geographical indication which, 
although literally exact with respect to the territory, region or locality 
from which the products originate, shall also be refused or 
invalidated if it suggests to the public that the products originate from 
a different territory.  
 
102. Homonymous Geographical Indications 
 (1) In the case of homonymous geographical indications for 
identical products, protection under this Part shall be accorded to 
each indication.  
 
(2) The Registrar General may allow homonymous geographical 
indications to be concurrently registered if he or she is satisfied that 
the public will not be misled.    In case of permitted concurrent use 
of such indications, the Registrar General shall determine the 
practical conditions under which the homonymous indications will be 
differentiated, taking into account the need to ensure equitable 
treatment of the producers concerned and that consumers are not 
misled and issue appropriate legislation. 
 
103. Competent Authority 
 
GIPO shall be the competent authority for all intellectual property 
matters and shall authenticate all documents to that effect. 
 
 
104. Exclusion from Provision 
 
The following shall not be protected as geographical indications – 
  
(a) an indication that does not comply with the definition 
of geographical indications in this Act;  
 
(b) an indication the use of which must be prevented on 
grounds of public order or morality;  
 (c) a geographical indication that is not, or that ceases 
to be, protected in its country of origin, or which has 
fallen into disuse in that country; or 
  
(d)     an indication that is identical with the term customary 
in common language in The Gambia as the common 
name for the relevant goods or for related services.  
 
105. Entitlement to File an Application 
 
Natural or legal persons carrying on an activity as a producer in the 
geographical area specified in the application, with respect to the 
products specified in the application, as well as groups of such 
persons, groups of consumers and any competent entity shall be 
entitled to file an application for registration of a geographical 
indication.  
 
106.  Application for Registration 
(1)  Any person wishing to obtain the registration of a geographical 
indication shall file with the Registrar General. 
  
(2) The following shall have the right to file an application for 
registration of a geographical indication – 
 
(a) a grouping of producers or a legal entity that groups 
producers that operates in a specified geographical 
area and with respect to specified goods; and 
 (b) any competent authority on behalf of the persons or 
the legal entity indicated under subsection of this 
section; and 
 
(3)  The application shall contain a document proving payment to the 
Industrial Property office of the filing fee. 
 
107. Content of Application 
 
(1)  Any application for the registration of a geographical indication 
shall specify – 
  
(a) the name, address and domicile of the persons or 
legal entity filing the application; 
  
(b) the geographical indication for which registration is 
sought; 
  
(c) the geographical area to which the geographical 
indication applies;  
 
(2)  The goods designated by the geographical indication.  
 
(3) The application shall be accompanied by a specification 
describing in sufficient detail the specific qualities, reputation and 
other characteristics of the products for which the geographical 
indication is used, the area and method of production of the goods, 
the link between the characteristics of the goods and the area and 
method of production, the manner in which the specified characteristics are controlled and other prescribed particulars, and 
shall be subject to the payment of the prescribed fee.  
 
(4) The application shall indicate the manner in which the 
continued compliance of the conditions laid down in the specification 
will be controlled by an independent body or authority.  
 
108. Examination and Registration of Application 
 
(1) For every application for registration of a geographical 
indication, the Registrar General shall examine whether the 
applicant  is entitled to apply for registration, whether the application 
contains particulars required in this Act and whether the prescribed 
fees have been paid. 
 
(2) Where the applicant is not entitled to apply for registration, 
where the prescribed fees have not been paid or where the 
geographical indication is contrary to public policy or morality, the 
application shall be rejected. 
 
(3) Where the application does not contain the particulars required 
under this Act, the application shall be deemed irregular.  The 
irregularity shall be notified to the applicant or his or her agent with 
an invitation to regularize the elements within a period of three 
months as from the date of notification.   That period may be 
extended by 30 days in a case of proven necessity at the request of 
the applicant or his or her agent.   An application thus put in order 
within the said period shall retain the date of the original a pplication.    
Failing regularizing of the application of the application within the 
prescribed time limits, the application shall be rejected. 
  (4) Where the requirements of subsection (1) are fulfilled, the 
geographical indication shall be registered by the Registrar General.  
 
(5) No filing may be rejected under subsection 3 unless an 
opportunity has been given to the applicant or his or her agent to 
correct such application to the extent and in accordance with the 
prescribed procedures and forms.  
 
109. Publication 
 
(1) The Registrar General shall publish the registration and issue 
to the owners of the registration certificate containing, in particular, 
the following particulars as they appear in the Register – 
 
(a)  Serial number of the geographical indication; 
 
(b)  Filing date of the application for registration; 
 
(c)  Geographical area to which the indication applies; 
 
(d)  Products to which the indication applies; and 
 
(e)  Identity of the applicant.  
 
(2) As from publication referred to in subsection (1), any person 
may obtain an official copy and an extract of entries at his or her own 
expense. 
 110. Opposition 
 
(1) Any interested party may oppose the registration of a 
geographical indication by sending the Registrar General, within a 
period of three months from the publication, a written statement 
setting out the reasons for opposition, which reasons must be based 
on infringement provisions in this Act, or of a prior right belonging to 
the opposition party. 
 
(2) The Registrar General shall send a copy of the statement of 
opposition to the applicant or to his or her agent, who may reply, 
setting out his or her reasons, within a once- renewal period of 3 
months.   The reply shall be forwarded to the opponent or to his or 
her representative. If his or her reply does not reach the Registrar 
General by the prescribed time limit, the applicant shall be deemed 
to have withdrawn his or her application for registration and the 
registration shall be cancelled. 
 
(3) Before taking a decision on the opposition, the Registrar 
General shall, on request, hear each or either of the parties or their 
agents. 
 
(4) The Registrar General shall only cancel the registration in so 
far as the aforementioned opposition is valid. 
 
(5) The final decision of cancellation shall be published in the 
government Gazette. 
 
111. Cancellation and Modification of Registrations 
 (1) Any interested person or any competent authority may request 
the Registrar General to order – 
  
(a)   the invalidation of a registration of a geographical 
indication on the ground that the registered indication 
did not qualify for protection as such under this Act; 
 
 (b)  the revocation of a registration of a geographical 
indication on the ground that the registered indication 
is used in a manner that does not correspond to the 
specifications of the products designated by the 
indication; or 
 
(c)   the amendment of a registration of a geographical 
indication where the specifications recorded in the 
register need to be corrected. 
  
(2) In any proceedings under this section, the Registrar General 
shall cause a notice of the request – 
  
(a) to be served on the persons who filed the application 
for registration of the geographical indication;   
 
(b) to be given by publication in the Official Gazette to all 
persons having the right to use the registered 
geographical indication; and  
 
(c)   the persons referred to in  subsection (b) of  this section 
and any other interested person may, within a period, 
which shall be specified by the Registrar General in 
the said notice, apply to join in the proceedings.   
112. Use of a Geographical Indication 
 
(1) Subject to subsections (2) and (3) hereafter, only producers 
carrying on their activity for commercial purposes in the geographical 
area specified in the Register shall have the right to use a registered 
geographical indication with respect to the products specified in the 
register, provided that such products possess the essential 
characteristics and qualities in the register. 
 
(2) Where products have been put into circulation under the 
conditions defined subsection (1), under a registered geographical 
indication, any person shall have the right to use the geographical 
indication for that purpose. 
 
(3) Apart from the cases referred to in the preceding subsection 
(1) and (2), it shall be unlawful to use, for commercial purposes, a 
registered geographical indication, or a similar designation, with 
respect to the products specified in the Register or similar products, 
even if the true origin of the products is indicated or if the 
geographical indication is in the form of a translation or is 
accompanied by terms as such as “kind”, “type” , “make”, 
“imitation” , or the like. 
 
(4) The Registrar General may decide by regulation that the 
quality of products put on sale or used under a registered 
geographical indication shall be prohibited. 
 
(5) It shall be unlawful to use in the designation or presentation of 
a product any means that infers or suggests that the product 
concerned originates in a geographical area other than its true place 
of origin in a manner likely to mislead the public as to the 
geographical origin of the product.  
PART XIII - PLANT BREEDER  
 
113. Scope of application 
 
The Provisions of this Act shall be applied to all plant general and 
species. 
  
114. Administration  
 
(1) A breeder right granted under this Act shall, on the basis of one 
application, be protected in The Gambia.  
 
(2) GIPO is empowered to grant breeders’ rights and to administer 
such breeder rights; GIPO shall be responsible for – 
 
(a) granting breeder rights; 
  
(b) establishing a documentation centre for the purposes 
of dissemination of information on breeders’ rights;  
 
(c)      maintaining a register;  
                   
(d)      providing information on breeders’ rights;  
                   (e)   collaborating with other regional and international 
bodies whose functions relate to the protection of 
new varieties of plants;  
 
(f)     liaising with national authorities in all matters relating 
to the grant and administration of breeders’ rights; 
and  
 
(g)     performing such other functions as are necessary for 
the furtherance of the objectives of this Bill. 
 
(3)  The National Authority office shall maintain a register, to be 
known as the Register of Breeders’ Rights.  
 
(4)  The Register shall include the information in particular – 
 
(a)    information relating to applications for breeders’ rights;  
 
(b)     information relating to grants of breeders’ rights;  
 
(c)     any assignment and exclusive licenses of the rights;  
 
(d)     any declaration of nullity or cancellation of rights; and  
 
(e)  any submission, registration, rejection, change or 
cancellation of variety denomination. 
 (5)   Any person shall, upon payment of a prescribed fee be entitled, 
during normal business hours, to examine the Register and to make 
or receive copies of or extracts from the information contained 
therein.  
 
115. Conditions for Granting of Breeder Right 
 
A breeder’s right shall be granted where it is determined that a 
variety is new, distinct, uniform and stable.   The grant of a breeder’s 
right shall not be subject to any further or different conditions 
provided that – 
 
(a)     the variety is designated by a denomination; 
 
(b)      the applicant complies  with  the  formalities  provided 
for in this Act; and  
 
(c)      the breeder pays the required fees.  
 
116. Novelty  
 
A variety shall be deemed to be new if, on the date of filing of an 
application for a breeder’s right, propagating or harvested material 
of the variety has not been sold or otherwise disposed of to others, 
by or with the consent of the breeder of the variety, for purposes of 
exploitation of the variety in The Gambia earlier than one year before 
the date of filing of an application or in a foreign country earlier than 
four years. 
 
117. Distinctness   
The variety shall be deemed to be distinct if it is clearly 
distinguishable from any other variety whose existence is a matter 
of common knowledge at the date of the filing of the application for 
registration or the priority date of the application for registration. 
 
118. Uniformity 
 
A variety shall be deemed to be uniform if, subject to the variation 
that may be expected from the particular features of its propagation, 
it is sufficiently uniform in its relevant characteristics.  
 
119. Stability  
 
A variety shall be deemed to be stable if its relevant characteristics 
remain unchanged after repeated propagation or in the case of a 
particular cycle or propagation at the end of each such cycle.  
 
120. Eligibility for a plant breeder right 
 
(1)  A breeder is eligible for a plant breeder right if that breeder duly 
makes an application for it in accordance with this Act. 
 
(2) The eligibility of a breeder to apply for a plant breeder right shall 
not be affected by the fact that, the same variety has not been 
applied for or has been refused in a foreign country. 
 (3)  Where two or more persons have jointly bred or discovered and 
developed a variety, they are both eligible to apply for a plant 
breeder right with respect to that variety.  
 
(4)  Where a variety has been bred or discovered and developed in 
the execution of a commission or a contract of employment, the 
person that commissioned the work or the employer has the right to 
apply for the respective plant breeder right except as otherwise 
provided in the contract. 
 
(5)  Where a variety has been bred or discovered and developed by 
several persons independently of each other, the person who makes 
an application with an earlier prior date for protection has the right to 
apply for the plant breeder right. 
 
121. Persons Entitled to Apply for Protection 
 
(1)  A person may apply to for the grant of a plant breeder right if that 
person is eligible in accordance with this Act.  
 
(2)   An application for the grant of a plant breeder right may be filed 
by the breeder of a new variety who is – 
 
(a)      a citizen or who is resident in The Gambia 
 
(b)      a foreign citizen or a resident in the territory of a party 
to a treaty to which The Gambia is party 
 (c)    a legal entity that has its registered office within the 
territory of a party to a treaty to which The Gambia is 
party or 
 
(d)   a legal entity that has its registered office in The 
Gambia. 
 
122. Filing of Application 
 
(1) An application for the grant of a breeder’s right shall be filed by 
the breeder or by an agent. 
 
(2) An application is subject to the prescribed fee; and shall   
include the following details – 
 
(a)   the name and address of the of the applicant, 
 
(b)     the name and address of the person that has bred or 
discovered and developed the variety, if different 
from the applicant, and, if applicable, the name, 
address and other information required of the agent;  
       
(c)   identification of the botanical taxon (b otanical and   
common name);  
 
(d)   the proposed denomination  for  the  variety  or 
provisional designation;  
 (e)      technical description of the variety;  
 
(f)   information on prior applications and  grants  of 
breeders’ rights for the same variety; and  
 
(g)   date of sale or of disposal of  to  others for the purposes 
of exploitation of the variety.    
    
123. Filing Date of Application 
 
The filing date of the application for a breeder’s right shall be the 
date of receipt of the application duly filed subject to the payment of 
the prescribed fees.  
 
124. Right of Priority 
 
(1) Any breeder who has duly filed an application for the protection 
of a variety in The Gambia or a party to an international agreement 
for the protection of new plant varieties (the “first application” ) 
shall, for the purpose of filing an application for the grant of a 
breeder’s right, enjoy a right of priority for a period of twelve months 
which shall be computed from the date of filing of the first application.  
The day of filing shall not be included in the latter period. 
  
(2) In order to benefit from a right of priority, a breeder shall, in an 
application filed directly with GIPO, claim the priority of the first 
application.  
 
125. Objection   
(1) Any person who wishes to lodge an objection may only do so 
once an application for a breeder’s right is published, in accordance 
with the procedures that may set out in the Regulations.  
 
(2) Any person, who wishes to lodge an objection, shall submit a 
written and reasoned objection to GIPO together with the payment 
of the prescribed fee, at any time prior to the refusal or to the grant 
of the right within 3 months. 
 
126. Examination of Applications 
 
(1)  The filing date of the application is the date on which the 
application was filed with GIPO. 
 
(2)  Where the application is incomplete or incorrect, GIPO shall 
request the applicant to complete or correct it within thirty days after 
notification. 
 
(3)  An application which is not corrected within the prescribed period 
shall be considered not to have been filed.  
 
(4)  GIPO shall examine the application to determine whether it 
complies with the requirements of novelty, distinctness, uniformity 
and stability.  
 
(5) In examining the application, GIPO may enter into an 
arrangement with a relevant authority or person within The Gambia 
or outside The Gambia to carry out tests to determine whether the variety is new, distinct, uniform, or stable use the results of tests that 
have already been carried out. 
 
(6)   An applicant shall submit to GIPO any information, document or 
material requested by the Office for purposes of the examination of 
the application and matters related to it. 
  
(7)  Where GIPO is satisfied that an application has been duly filed 
under this Act or the, the Office shall record the date of filing the 
application in the Register. 
 
127. Granting and Rejection of a Breeder Right 
 
(1) Where a plant variety fulfils the requirements of novelty, 
distinctness, uniformity and stability and that the proposed 
denomination of the variety is suitable for registration, GIPO shall 
grant a plant breeder's right, and where those requirements are not 
fulfilled, GIPO shall reject the application.  
 
(2) GIPO shall in respect of each breeder's right granted – 
 
(a) issue a Breeder Right Certificate to the person who 
applied for the grant of the right; 
 
(b)   enter the applicable particulars in the register; and 
 
(c) publish such particulars relating to the grant of such 
right as may be prescribed by regulations. 
 (3) Where the examination shows that the proposed denomination 
of the variety cannot be registered, GIPO shall request the applicant 
in writing to submit another denomination within a period of three 
months, or further time period that the Office may allow on good 
cause shown, failing which the application shall be rejected.  
 
128. Rejection of application 
 
(1)  An application shall be rejected if it is established that:   
 
(a) the applicant is not entitled to file an application;  
 
(b) the applicant has not replied within the prescribed 
time limit to the official notifications issued by GIPO, 
particularly where the information given was 
erroneous or incomplete or the application contained 
a material irregularity; 
  
(c) the variety to which the applicant refers does not 
satisfy the requirements; 
 
(d) the applicant refuses or is unable to propose an 
acceptable denomination; or 
  
(e) the applicant does not comply with the payment of 
fees as prescribed. 
 
(2) GIPO shall in respect of each rejected application notify its 
decision in writing to the applicant, enter the applicable particulars in 
the Register; and publish a notice of rejection.    
129. Scope of Breeder Right 
 
(1) The following acts in respect of the propagating material of a 
protected variety shall require the authorization of the breeder – 
 
 (a)     production or reproduction (multiplication);  
 
 (b)     conditioning for the purpose of propagation; 
  
 (c)     offering for sale; (d) selling or other marketing; 
 
 (e)     exporting; 
  
 (f)      importing; and  
 
 (g)    stocking for any of the purposes mentioned in (a) to 
(f), above.  
 
(2) A breeder’s right shall not extend to – 
 
(a)    acts done privately and for non-commercial purposes;  
 
(b)    acts done for experimental purposes; and  
 (c)    acts done for the purpose of breeding other varieties.  
 
130. Restrictions on Exercise of Breeder’s Right 
 
(1)  A compulsory license shall be granted to an applicant by GIPO 
only for reasons of public interest.   
 
(2)  GIPO, when granting a compulsory license, shall stipulate the 
acts covered and specify the reasonable conditions which shall 
include the payment of equitable remuneration to the breeder.  
 
131. Duration of Breeder Right 
 
A plant breeder right shall be granted for a period of twenty years 
from the date of the grant of the breeder right. 
 
132. Nullity of Breeder Right 
 
(1)  GIPO declare a holder’s right null and void – 
 
(a) if the conditions of novelty and distinctness were not 
complied with at the time of the grant of the plant 
breeder right; 
 
(b) where the grant of the right has been essentially 
based on information and documents furnished by 
the holder, if the conditions uniformity and stability were not complied with at the time of the grant of the 
plant breeder right; or 
 
(c) Where the plant breeder right has been granted to a 
person, who is not entitled to it, except in the case of 
an assignment to a person who is so entitled. 
 
(2)  A plant breeder right which has been declared null and void shall 
be considered never to have been granted.  
 
(3)  GIPO shall enter in the Register the decision of the nullification 
of the plant breeder right and publish the decision in the Gazette or 
Varieties Bulletin within seven days or such other time after entry in 
the Register. 
 
(4)  An interested person may challenge the decision, by a written 
objection lodged with GIPO within thirty days after the date of the 
decision.  
 
(5)  GIPO may hold a hearing or decide the matter, based on written 
submissions of the interested parties within sixty days after receipt 
of the objection. 
 
133. Cancellation  
 
(1) GIPO shall cancel a plant breeder right if the conditions of 
uniformity and stability are no longer fulfilled.  
 (2) GIPO may cancel the registration of a variety in any of the 
following instances if after being requested to do so and within the 
prescribed period – 
 
(a) the breeder does not provide the Officer with the 
information, documents or material necessary for the 
verification of the maintenance of the variety; 
 
(b) the breeder fails to pay the annual fee required; or 
 
(c) the breeder does not propose a suitable 
denomination for the protected variety where the 
denomination of the variety is cancelled after the 
registration. 
 
(3) The Registrar General shall record in the register, the decision 
of the cancellation of the registration of the variety and publish the 
decision in the Gazette or Varieties Bulletin. 
 
134. Licenses 
 
The holder of a breeder's right may grant, to any person, an 
exclusive or a non-exclusive license relating to all or any of the rights 
granted. 
 
135. Assignment and transfer  
 
(1)  An application for the grant of a breeder's right or a breeder’s 
right may be assigned or otherwise transferred.  
(2) The assignment or transfer shall be in writing, signed by the 
parties concerned and shall be registered in the Register.  
 
 
136. Civil remedies 
  
(1) Where a person is aggrieved by the infringement of a plant 
breeder right, that person may bring an action before the Court for –  
  
(a) an order of injunction to prevent the commission or 
continuation of the commission of the act of 
infringement or to prohibit the continuation of the 
infringement; 
  
(b) the recovery of damages for the infringement; 
  
(c) the forfeiture, seizure or destruction of propagating or 
harvested material which has been produced 
contrary to this Act; 
 
(d) an order requiring the Customs  Authority to detain 
goods imported or ready for export; and  
 
(e) any other remedy that the court considers fit.  
 
137. Offenses 
A person who wilfully –  
(a) offers for sale, sells or markets the propagating 
material of a variety protected in The Gambia; 
 
(b) markets propagating material of a variety protected 
in The Gambia without the registered variety 
denomination; or 
 
(c) uses the registered variety denomination of a variety 
protected in The Gambia for another variety of the 
same plant species or closely related species likely to 
cause confusion 
 
commits an offence and is liable on summary conviction to a fine of 
D500,000 or to a term of imprisonment of not more than two years 
or to both. 
 
138. Application of International Conventions 
 
(1) The Minister shall ensure that the implementation of this Act 
does not affect the fulfilment of the Government’s obligations 
pertaining to the protection of plant breeder rights under the 
International Conventions to which The Gambia is a party. 
  
(2)  The Minister may on behalf of the Government of The Gambia 
enter into a bilateral or multilateral agreement with a foreign 
government for the mutual recognition and protection of breeders 
rights. 
 
  
 
PART XIV - TRADITIONAL KNOWLEDGE AND GENETIC 
RESOURCES  
 
139. Protection 
 
The traditional knowledge and genetic resources of every individual, 
family and community in The Gambia shall be protected and 
respected. 
 
140. Register 
 
The Registrar General may maintain a register of Traditional 
Knowledge and Genetic Resources of an individual, family and 
community in The Gambia. 
 
141. Access and benefit sharing 
 
The Traditional Knowledge and Genetic Resources of every 
individual, family and community shall not be registered and or 
exploited by any third party without the prior informed consent of the 
individual, family and community and the terms of access and fair 
and equitable benefit sharing clearly outlined and filed with the 
Registrar General. 
 
142. Duration of protection 
 The right for protection for Traditional Knowledge and Genetic 
Resources shall be for perpetuity. 
 
143. Non-Disclosure 
 
The traditional knowledge of an individual, family and community 
may not be disclosed and the registration shall not be published by 
the Registrar General. 
 
144. Right of action before the Court 
 
Any member of the family or community that owns the tradition 
knowledge and Genetic Resources shall have absolute right to 
challenge and remedy any alleged infringement against any third 
party and the court may award damages and or injunction. 
 
145. Licensing and assignment 
 
Owners of Traditional Knowledge and Genetic Resources may in 
writing license same to a third party.  Traditional Knowledge and 
Genetic Resources owned by a family or community shall not be 
assigned. 
 
146. Prohibition of Export of Genetic Resources 
 
Genetic resources shall be exported outside The Gambia with a 
certificate of origin signed by the owners in The Gambia and 
authenticated by the Registrar General.   A Custom official shall 
confiscate any genetic resource without valid document.  
 
 
147. Act of Unfair Competition  
 
(1) Any act of competition contrary to honest practices in industrial 
or commercial matters shall constitutes an act of unfair competition.  
 
(2)  The following in particular shall be prohibited – 
  
(a) all acts of such a nature as to create confusion by 
any means whatever with the enterprise, the goods, 
or the industrial or commercial activities, of a 
competitor; 
 
(b) false allegations in the course of trade of such a 
nature as to discredit the enterprise, the goods, or the 
industrial or commercial activities, of a competitor; 
 
(c) indications or allegations the use of which in the course 
of trade is liable to mislead the public as to the nature, 
the manufacturing process, the characteristics, the 
suitability for their purpose, or the quantity, of the 
goods. 
 
PART XV - COPYRIGHT AND RELATED RIGHTS  
 
148. Copyright and Related rights   
(1)  Subject to this section, the works listed hereunder are eligible 
for copyright protection – 
 
(a)  literary works; 
 
(b)  artistic works; 
 
(c) musical works; 
 
(d)  audio-visual works;  
 
(e)  architectural works;  
 
(f)  computer programs; 
 
(g)  sound recordings; and 
 
(h)  derivative works. 
 
(2) Notwithstanding subsection (1), a work shall not be eligible for 
copyright unless it is –  
 
(a)     an original intellectual creation; and 
 
(b)  fixed or reduced to material form. 
 
(3)  A work shall not be ineligible for copyright by reason only that 
the making of the work, or the doing of any act in relation to the work, 
involved an infringement of copyright in some other work. 
 (4)   Works shall be protected when they are fixed in a medium from 
which they can be perceived or retrieved, irrespective of their mode 
or form of expression, content, quality and purpose. 
  
(5) Rights protected by copyright shall accrue to the author 
automatically on fixation of a work, and failure to register any 
copyright work or comply with any formalities shall not bar any claim 
from the author. 
 
(6) Subject to national treatment in section 8, the provisions of this 
Act on the protection of sound recordings shall apply to – 
(a)   sound recordings the  producers of which are nationals 
of the Republic of The Gambia; 
(b) sound recordings first fixed in the Republic of The 
Gambia; and  
(c)   sound recordings first published in  the  Republic  of 
The Gambia. 
 
 
149. Derivative Works and Collections 
  
(1) The following shall be protected as works – 
  
(a)      translations, adaptations, arrangements of music and 
other alterations of a work or expression of folklore 
shall be protected as original works without prejudice 
to the copyright in the original work; 
  
(b)     collections of works and collections of expressions of 
folklore, whether in machine readable or other form, provided that such collections are original by reason 
of the selection or arrangement of their contents; and  
 
(c) compilation of data or other material, in any form, 
which by reason of the selection or arrangement of 
their contents constitute intellectual creations so 
however that protection shall not extend to the data 
or the material itself and shall be without prejudice to 
any copyright subsisting in the data or material 
contained in the compilation.  
 
(2)  The protection of any work referred to in subsection (a) shall be 
without prejudice to any protection available to a pre-existing work 
or expression of folklore incorporated in or utilized for the making of 
such a work. 
  
150. Works excluded from Copyright 
 
(1) Notwithstanding the provisions of Section 151 of this Part, no 
protection shall extend under this Part to – 
  
(a) any idea, procedure, system, method of operation, 
mathematical concept, principle, discovery or mere 
data. 
  
(b) any official legislative, judicial, or administrative text, 
including the Laws of the Government of The 
Gambia, as well as any official translation thereof; 
  
(c) news of the day or miscellaneous facts having the 
character of mere items of press information; and   
(d)   political speeches and speeches  delivered in the 
course of legal proceedings.  
 
151. Economic Rights 
  
(1) Subject to exceptions provided for in this Part, the owner of 
copyright shall have the exclusive right to carry out or to authorize 
the following acts in relation to the copyright work – 
  
(a)      reproduction of the work in any manner or form; 
  
(b)      translation of the work; 
  
(c)      adaptation, arrangement or any other  transformation 
to create a derivative work;  
 
(d)    the distribution to the public of originals or copies of the 
work and if a physical copy limited to first sales or 
other first transfer of ownership only; 
  
(e)    rental of the original or a copy of  an  audio-visual work, 
a sound recording, a work embodied in a sound 
recording or a computer program or other works to 
the public, and public performance;  
(f)      for works other than sound recordings, broadcasting 
or rebroadcasting; 
(g)      for works other than sound recordings, communication 
to the public; and  
(h)      making available. 
   
(2) The right of distribution under subsection (a) (iv) of this Section 
does not apply to the original or a copy of the work that has already 
been subject to a sale or other transfer or ownership in any country 
authorized by the owner of copyright in the work. 
  
(3) The right of rental under subsection (a) (v) of this Section does 
not apply to rental of computer programs where the program itself is 
not the essential object of the rental. 
 
152. Moral Rights 
  
(1) Independent of the author’s or owner’s economic rights, and 
even after the transfer of the said rights, the author of a work shall 
have the following moral rights – 
 
 (a)      to have his or her name indicated prominently on the 
copies and in connection with any public use of his or 
her work, as far as practicable; 
 
 (b)     to not have his or her name indicated on the copies 
and in connection with any public use of his or her 
work;  
 
 (c)       to use a pseudonym; 
  
(d)   to object and seek relief in connection to  any distortion, 
mutilation or other modification of, or other derogatory action in relation to his or her work which 
would be prejudicial to his or her honour or 
reputation.  
 
(2)  Notwithstanding any assignment or sale of the original work, 
the author of a graphic work, three dimensional work and manuscript 
shall have a right to share in the proceeds of any sale of that work 
by public auction or through a dealer whatever the method used by 
the latter to carry out the operation. 
  
(3) The conditions for the exercise of the right conferred by 
subsection (b) of this section shall be determined by Regulations to 
be made by GIPO established under this Part. 
 
(4) The rights mentioned in subsections (a) and (b) shall not be 
transmissible during the life of the author, but the right to exercise 
any of those rights may be transferred by testamentary disposition 
or by operation of law following the death of the author.  
 
153. Fair Use 
  
(1) Notwithstanding the provisions in this Part, the fair use of a 
copyright work, including such use by reproduction in copies or 
sound recordings or by any other means specified by that section, 
for purposes such as parody, satire, criticism, comment, news 
reporting, teaching (including multiple copies for classroom use), 
scholarship or research, is not an infringement of copyright.  In 
determining whether the use made of a work in any particular case 
is fair use, the factors to be considered shall include –  
  (a)   the purpose and character of the use, including whether 
such use is of a commercial nature or is for non-profit 
educational purposes;  
(b)      the nature of the copyrighted work; 
  
(c)    the amount and substantiality of the portion used in 
relation to the copyrighted work as a whole; and  
 
(d)     the effect of the use upon the potential market for or 
value of the work. 
  
(2)  The fact that a work is unpublished shall not itself bar a finding 
of fair use if such finding is made upon consideration of all the above 
factors.  
 
154. Quotation  
 
(1) The reproduction, in the form of quotation from a work that has 
been published shall be permitted without authorization of the owner 
of copyright, provided that the quotation is compatible with fair 
practice and does not exceed the extent justified by the purpose 
including quotations from newspaper articles and periodicals in the 
form of press summaries. 
  
(2)   Any quotation made in accordance with subsection (a) shall be 
accompanied by an indication of source and the name of the author, 
if the name appears in the work from which the quotation is taken.  
 
155. Private Reproduction for Personal Purposes  
 (1)  The private reproduction of an authorized copy of a published 
work in a single copy shall be permitted without the authorization of 
the author or owner of copyright, where the reproduction is made by 
a natural person exclusively for his or her own personal purposes.  
 
(2) The permission under subsection (a) shall not extend to 
reproduction – 
 
(a)     of a work of architecture in  the  form  of  building or 
other construction; 
  
(b)    of the whole or of a substantial part of a database in 
digital form;  
 
(c)   in the form of reprography of a  whole  or of a substantial 
part of a musical work in the form of notation;  
 
(d) of a computer program, except as provided in this 
Part; and  
 
(e) private copying levies shall be paid in accordance 
with Section 182. 
 
156. Temporary Reproduction 
  
The temporary reproduction of a work shall be permitted if all of the 
following conditions are met –  
 (a) the reproduction is made in the process of a 
transmission of the work or an act of making a stored 
work perceptible;  
 
(b) it is caused by a person or entity that by virtue of 
authorization by the owner of the copyright or by 
operation of law, is entitled to make that transmission 
or make the work perceptible; and 
 
(c) it is an accessory to that transmission or making 
perceptible, that occurs during the normal operation 
of the equipment used and entails the automatic 
deletion of the copy without enabling the retrieval of 
the work for any other purpose than those, referred 
to in subsections (a) and (b) of this section. 
 
157.  Reproduction and Other Utilization for Teaching 
  
(1)  The following acts shall be permitted without authorization of the 
author, or other owner of copyright – 
  
(a)   the utilization by way of illustration for teaching 
purposes by an educational institution whose 
activities do not serve commercial gain of a work that 
has lawfully been made available to the public, in 
publications, broadcasting or sound or visual 
recordings, provided that such utilization is from an 
authorized copy and compatible with fair practice and 
does not exceed the extent justified by the purpose; 
the utilization can also include the making available 
of such works in computer networks, provided that 
access to the works is only available to enrolled 
pupils or students and their teachers;   
(b)   the reprographic reproduction, from an  authorized copy 
for face-to-face teaching in non-profit educational 
institutions the activities of which do not serve direct 
or indirect commercial gain, of published articles, 
other short works or short extracts of works, to the 
extent justified by the purpose, provided that – 
      
(i)  the act of reproduction is an isolated act occurring, 
if repeated, on separate and unrelated 
occasions, and 
 
(ii)   there is no collective license available,  offered 
by a collective management organization of 
which the educational institution is or should be 
aware, under which such reproduction can be 
made. 
 
(2)  The source of the work and the name of the author shall be 
indicated, as far as is practicable, on all copies made under 
subsection (a) of this Section or otherwise in reasonable connection 
with the work.  
 
158. Reproduction by Libraries and Archives  
 
Any library or archive whose activities do not serve direct 
commercial gain may, without the authorization of the owner of 
copyright, make a copy of a work by reproduction where the work 
reproduced is a published article, other short work or short extract of 
a work, and where the purpose of the reproduction is to satisfy the 
request of a person, provided that – 
 (a) the library or archive is satisfied that a copy will be 
used solely for the purposes of study, scholarship or 
private research,  
  
(b)  the act of reproduction is an isolated act occurring, 
if repeated, on separate and unrelated occasions, 
and  
 
(c)  there is no collective license available or offered by 
a collective administration organization of which the 
library or archive is or should be aware, under which 
such copies can be made or  where the copy is 
made in order to preserve and, if necessary, replace 
a copy, or to replace a copy which has been lost, 
destroyed, or rendered unusable in the permanent 
collection of another similar library or archive, 
provided that it is impossible to obtain such a copy 
under reasonable conditions, and provided further 
that the act of reproduction is an isolated act 
occurring, if repeated, on separate and unrelated 
occasions. 
  
159. Reproduction, Broadcasting and Other Communication to 
the Public for Information Purposes 
  
The following acts shall be permitted in respect of a work without the 
authorization of the owner of copyright, subject to the obligation to 
indicate the source and the name of the author as far as practicable–  
 
(a) the reproduction in a newspaper or periodical, the 
broadcasting or other communication to the public of 
a lecture, address, sermon (religious issues) or other 
work of a similar nature delivered in public, to the extent justified by the purpose of providing current 
information; 
  
(b) the reproduction in a newspaper or periodical, the 
broadcasting or other communication to the public, of 
an article published in a newspaper or periodical on 
current issues or a broadcast work of the same 
character, in cases in which the reproduction, 
broadcasting or such communication thereof is not 
expressly reserved; 
  
(c)   for the purpose of reporting current events, the 
reproduction and the broadcasting or other 
communication to the public by means of 
photography, audio-visual, broadcasting or other 
communication of short excerpts of a work seen or 
heard in the course of such events, to the extent 
justified by the purpose. 
 
160. Reproduction and Adaptation of Computer Programs  
 
(1) The reproduction, in a single copy, or the adaptation of a 
computer program by the lawful owner of a copy of that computer 
program shall be permitted without the authorization of the owner of 
copyright, provided – 
 
 (a)    that the copy or adaptation is necessary for  use  of 
the computer program with a computer for the 
purpose and extent for which the computer program 
has been obtained; or 
  
(b)     that the copy or adaptation is necessary for archival 
purposes and for the replacement of the lawfully owned copy of the computer program in the event 
that the said copy of the computer program is lost 
destroyed or rendered unusable. 
  
(2)   No copy or adaptation of a computer program shall be used for 
any purpose other than those specified in subsection (a), and any 
such copy or adaptation shall be destroyed in the event that 
continued possession of the copy of the computer program ceases 
to be lawful.   Any copies prepared in accordance with the provisions 
of this section may be leased, sold, or otherwise transferred along 
with the copy from which such copies were prepared, only as part of 
the lease, sale, or other transfer of all rights in the program.  
 
161. Visually and Aurally Impaired Persons 
  
(1)  It shall be permitted without the authorization of the owner of 
copyright to reproduce a published work for visually or aurally 
impaired persons or persons with print disabilities in a specialized 
format which enables their perception of the work, and to distribute 
the copies exclusively to those persons, provided that the work is not 
reasonably available in an identical or largely equivalent form 
enabling its perception by the visually or aurally impaired or print 
disabled person; and the reproduction and distribution are made on 
a non-profit basis. 
  
(2)  The copies of works made in pursuance of this section shall bear 
a copyright notice identifying the copyright owner and the date of the 
original publication and notice that any further reproduction or 
distribution in a format other than a specialized format is an 
infringement. 
  (3)  Authorized Entities may engage in the distribution of works 
pursuant to this section where the copies had been made abroad 
and the conditions mentioned above have been fulfilled.  
 
(4) Authorized Entities may export accessible format copies made 
pursuant to this section to other Authorized Entities.  
 
(5) Authorized Entities are those that: 
 Limit the distribution of accessible format copies to 
eligible persons; 
 Discourage the further reproduction and distribution of 
unauthorized copies; 
 Maintain due care in, and records of, the handling of 
copies of works by the authorized entity, while respecting 
the privacy of eligible persons; and  
 Make publicly available the titles of all of their accessible 
format works, as well as information on their policies, 
practices, and overseas authorized entity partners. 
 
 
162. Ephemeral Recordings 
  
Any broadcasting organization may make, without the authorization 
of the owner of copyright, for the purpose of its own broadcasts, an 
ephemeral recording of any work which it is authorized to broadcast. 
All copies of it shall be destroyed within six months of the making or 
within any longer term agreed to by the owner of the copyright; 
 
However, where such recording has an exceptional documentary 
character, copies of it may be preserved in official archives.  
 163. Use for Public Security and for the Performance or 
Reporting of Proceedings 
  
(1) A work may be used, without authorization from the copyright 
owner, for the purposes of public security and to ensure the proper 
performance or reporting of administrative, parliamentary or judicial 
proceedings and the discharge of related functions. 
  
(2)  Notwithstanding the provisions of the foregoing subsection, the 
moral rights of the author shall be upheld as far as is reasonable.  
 
164. Duration of Copyright and Related Rights  
 
(1) The term of a copyright and related rights conferred by this Act 
shall be computed according to the breakdown in the table below - 
 
Type of work  Date of Expiration of copyright 
 
1. Literary, musical, 
architectural, or artistic 
work and computer 
programs  
   
2. Audio-visual works   
 
 
 
 
3. Sound recordings 
 
 
 Fifty years after the end of the year 
in which the author dies. 
 
 
Fifty years from the end of the year 
in which the work was either made, 
first made available to the public, or 
first published, whichever date is the 
latest. 
 
Fifty years after the end of the year 
in which the recording was 
published, or if not published, 50  
4. Broadcasts years after the end of the year in 
which the recording was fixed. 
Twenty years after the end of the 
year in which the broadcast took 
place. 
 
 
(2)   In the case of anonymous or pseudonymous literary, musical or artistic 
works, and works created under 165(3) or (5) below, the copyright therein 
shall subsist until the expiration of fifty years from the end of the year in which 
it was first published– 
Provided that in the event of the identity of the author becoming known the 
term of protection of a copyright shall be calculated in accordance with 
subsection (1). 
 
(3)  In the case of a work of joint authorship, reference in the preceding table 
to the death of the author shall be taken to refer to the author who dies last. 
 
(4)  The rights vested in the Minister on behalf of and in trust for the people 
of The Gambia in respect of expressions of folklore exist in perpetuity. 
 
(5)   Notwithstanding anything else contained in this Part copyright in works 
eligible for copyright and vested in GIPO is conferred in perpetuity on GIPO.  
 
165. First Ownership of Copyright  
 
(1) Subject to the provisions of subsections (2) to (5) of this section, the first 
owner of any Copyright granted under this Part shall be the author of the 
work.  
 (2) For a work of joint authorship, the co-authors shall be the first owners of 
the economic rights.  If, however, a work of joint authorship consists of parts 
that can be used separately and the author of each part can be identified, the 
author of each part shall be the first owner of the economic rights in the part 
that he or she has created. 
  
(3) For a work created by an author, employed by a natural person or legal 
entity, in the course of his or her employment, the first owner of the economic 
rights shall, unless provided otherwise in a contract, be the employer. 
 
(4) For an audio-visual work, the first owner of the economic rights shall be 
the producer, unless provided otherwise in a contract. The co-authors of the 
audio-visual work and the authors of the pre-existing works included in or 
adapted for the making of the audio-visual work shall, however, maintain their 
economic rights in their contributions or pre-existing works, respectively, to 
the extent that those contributions or pre-existing works can be the subject 
of acts covered by their economic rights separately from the audio-visual 
work. 
  
(5)  Where a work is commissioned by a person who is not the author’s 
employer under a contract of service; or not having been so commissioned, 
is made in the course of the author’s employment under a contract of service, 
the copyright shall be deemed to be transferred to the person who 
commissioned the work or the author’s employer, subject to any agreement 
between the parties excluding or limiting the transfer. 
 
166. Presumption Regarding Authorship, Producers of Audio visual 
Works and Publishers 
 
(1)  The natural person whose name is indicated as the author of a work in 
the usual manner shall, in the absence of proof to the contrary, be presumed 
to be the author of the work.   This provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves no doubt as to the 
identity of the author.  
 
(2) The person whose name appears on an audio visual work in the usual 
manner shall, in the absence of proof to the contrary, be presumed to be the 
producer of the work. 
  
(3)  In the case of an anonymous or pseudonymous work, subject to the 
provision of subsection (1) of this section, the publisher whose name appears 
on the work shall, in the absence of proof to the contrary, be presumed to 
represent the author and, in this capacity, shall be entitled to exercise and 
enforce the moral and economic rights of the author.   This presumption shall 
cease to apply when the author reveals his or her identity.  
 
167. Assignment, Relinquishment and Licensing of Authors’ Rights 
  
(1) Subject to this section, copyright shall be transmissible by assignment, 
license, and testamentary disposition or by operation of law, as movable 
property.  
 
(2)  An assignment, license or testamentary disposition of copyright may be 
limited so as to apply only to some of the acts which the owner of the 
copyright has the exclusive right to control, or to a part only of the period of 
the copyright, or to a specified country or other geographical area. 
  
(3) Any assignment of copyright and any exclusive license to do an act 
subject to authorization by the owner of copyright shall be in writing signed 
by or on behalf of the assignor or licensor, as the case may be.  
  
(4)   An assignment in whole or in part of any economic right, or a license to 
do an act subject to authorization by the owner of copyright, shall not include or be deemed to include the assignment or license of any other rights not 
explicitly referred to therein.  
 
(5) An assignment, license or testamentary disposition may be effectively 
granted or made in respect of a future work, or an existing work in which 
copyright does not yet subsist and the prospective copyright in any such work 
shall be transmissible by operation of law as movable property. 
 
(6)  A testamentary disposition of the material on which a work is first written 
or otherwise recorded shall, in the absence of anything to the contrary, be 
taken to include the disposition of any copyright or prospective copyright in 
the work which is vested in the testator.  
 
168. Application for Registration; Issuance of Certificate  
 
(1)  The application for copyright registration shall be made pursuant to 
regulations of GIPO.  
 
(2)  When, after examination, the Registrar General determines that in 
accordance with the provisions of this Part, the material deposited constitutes 
copyrightable subject matter and that the other legal and formal requirements 
of regulations of GIPO have been met, it shall register the claim and issue to 
the applicant a certificate of registration under the seal of GIPO.  The 
certificate shall contain the information given in the application, together with 
the number and effective date of the registration. 
 
169. Registration of Transfers and other Documents  
 
(1)  Any transfer of copyright ownership or other document pertaining to a 
copyright may be registered in GIPO if the document filed for registration 
bears the actual signature of the person who executed it, or if it is 
accompanied by a sworn affidavit or official certification that it is a true sworn affidavit or official certification that it is a true copy of the original, signed 
document.  
 
(2)   The Registrar General shall, upon receipt of a document provided by 
sub-section (1) and of the fee as specified by GIPO, shall register through 
the Registrar the document and return it with a certificate of record. 
  
(3) Registration of a document in GIPO shall give all persons constructive 
notice of the facts stated in the registered document.  
 
(4)   In the case of works first published in The Gambia by Gambian authors, 
no persons claiming by virtue of a transfer to be the owner of copyright may 
institute an infringement action unless the claim has been registered in GIPO.  
An infringement action may be initiated after registration on a cause of action 
that arose before registration.  
 
170.  Protection of Performers and Broadcasting Organizations of 
Related Rights  
 
(1) The protection of performers shall apply to performers who are 
nationals of the Republic of The Gambia, and performers who are not 
nationals of the Republic of The Gambia but whose performances – 
 
(a)   take place on the territory of the Republic of The Gambia;  
  
(b)  are incorporated in sound recordings that are protected under 
this Act; or 
(c)  have not been fixed in sound recordings but are included in 
broadcasts qualifying for protection under this Part. 
    
(2)  The provisions of this Act on the protection of broadcasts shall apply to 
– 
 
(a)  broadcasts of broadcasting organizations  the headquarters of 
which are situated in the Republic of The Gambia; and  
 
(b)    broadcasts transmitted from transmitters situated in the 
Republic of The Gambia.  
  
 171. Rights of Performers 
  
(1) A performer shall have the exclusive right to carry out or to authorize 
any of the following acts – 
 
 (a)    the broadcasting or other communication to the public of his or 
her performance, except where the broadcasting or the other 
communication is made from a fixation of the performance 
which the performer has authorized to be made or is a 
rebroadcasting made or authorized by the organization initially 
broadcasting the performance; 
 
 (b)     the fixation of his or her unfixed performance; 
  
 (c)      the direct or indirect reproduction of a fixation of his or her 
performance, in any manner or form;  
 
 (d)     the distribution of a fixation of his or her performance, or of 
copies thereof, to the public;   
 (e)    the commercial rental to the public of a fixation of his or her 
performance, or copies thereof; and 
  
(2) Once the performer has authorized the incorporation of his or her 
performance in an audio visual fixation, he or she shall, in the absence of 
contractual provisions to the contrary, be deemed to have assigned his or 
her exclusive economic rights with respect to that fixation to its producer.  
 
(3) The right of distribution under item (d) of subsection (1) shall not apply 
to a copy of a fixation of his or her performance that has already been subject 
to a sale or other transfer of ownership of a physical copy in any country 
authorized by the performer. 
 
(4) Independently of the performer’s economic rights, and even after the 
transfer of those rights, the performer shall, as regards his or her live aural 
performances or performances fixed in sound recordings, have the right to 
claim to be identified as the performer of his or her  performances, except 
where omission is dictated by the manner of the use of the performance, and 
to object to any distortion, mutilation or other modification of his or her 
performances that would be prejudicial to his or her reputation. 
  
(5) Modifications consistent with the normal exploitation of a performance 
in the course of a use authorized by the performer shall not be considered 
prejudicial to the performer’s reputation.  
 
(6)  The rights under this section shall be protected until the end of the 
fiftieth calendar year following the year in which the performance was fixed. 
 
 
173. Equitable Remuneration for use of Sound Recordings   
(1)  If a sound recording published for commercial purposes, or a 
reproduction of such sound recording, is used directly for broadcasting or 
other communication to the public, or is publicly performed, a single equitable 
remuneration for the performer or performers and the producer of the sound 
recording shall be paid by the user to the producer or a collective 
management organization licensed by the GIPO. 
  
(2) Unless otherwise agreed between the performers and the producer, half 
of the amount received by the producer under subsection (a) shall be paid 
by the producer to the performer or performers.  
(3) The right to an equitable remuneration under this section shall subsist 
from the date of publication of the sound recording until the end of fifty 
calendar years following the year of publication. 
  
(4) For the purposes of this section, sound recordings that have been 
made available to the public by wire or wireless means in such a way that 
members of the public may access them from a place and at a time 
individually chosen by them shall be considered as if they have been 
published for commercial purposes. 
 
174. Rights of Broadcasting Organizations 
  
(1) Without prejudice to the incorporated and underlying works, a 
broadcasting organization shall have the exclusive right to carry out or to 
authorize any of the following acts – 
  
(a)     the rebroadcasting of its broadcast; 
  
(b)     the communication to the public of its broadcast;    
(c)     the fixation of its broadcast; and 
  
(d)     the reproduction of a fixation of its broadcast. 
  
 
(3)   Program-carrying signals transmitted by satellite which are not intended 
for direct reception by the public, but for simultaneous or subsequent 
broadcasting or cable distribution by an authorized receiving organization, 
may not be broadcast or communicated to the public by anyone else without 
authorization of the person or legal entity that decided what program the 
emitted signal would carry (originating organization).  
 
 
177. Folklore 
(1)  Expression of folklore is protected by copyright under this Act against – 
 
(a) reproduction;  
 
(b) communication to the public by performance, broadcasting. 
distribution by cable or other means; and  
 
(c) adaptation, translation and other transformation, when the 
expression is made either for commercial purposes or outside 
a traditional or customary context.  
 
(2)  The protection conferred in subsection (1) does not include the right to 
control –  
(a)     the doing of any of the acts by way of fair dealing for private 
and domestic use, subject to the condition that, if the use is 
public, it shall be accompanied by an acknowledgement of 
the title of the work and its source;  
 
(b)     the utilization for purposes of education, utilization by way of 
illustration in an original work of an author, provided that the 
extent of such utilization is compatible with fair practice;  
 
(c)     the borrowing of expression of folklore for creating an original 
work of an author, provided that the extent of such utilization 
is compatible with fair practice; or  
 
(d)      the incidental utilization of expressions of folklore.  
 
(3) The source of an identifiable expression of folklore shall be indicated in 
all printed publications, and in connection with any communications to the 
public, in an appropriate manner, and in conformity with fair practice, by 
mentioning the community or place from where the expression utilized was 
derived.  
 
(4)  The right to authorize an act referred to in subsection (1) shall vest in the 
Minister on behalf of and in trust for the people of The Gambia. 
 
5) The GIPO shall ensure that any benefits accruing from the commercial 
exploitation of traditional cultural expression are realized by the relevant 
community from where it originated and where the community cannot be 
clearly identified or the work cuts across more than one community, the 
benefits shall be administered by the GIPO for the promotion of cultural 
activities in Gambia.  
178. Technological Protection Measures 
  
(1) Technological protection measures may be used by rights holders to 
protect access to and rights in their works. 
 
(2)   A beneficiary of any exception a beneficiary of any exception or limitation 
under this Part may circumvent any rights control  technological protection 
measure to the extent required to benefit from such exception or limitation.  
 
179. Protection of Rights Management Information 
  
(1)  Right holders may use rights management information in connection 
with the exercise of their rights. 
(2) subsection (1) does not prohibit any governmental activities for public 
policy or security authorized by law. 
 
180. Establishment of Collecting Societies 
 
(1) The Collecting Society of The Gambia as established and regulated 
under the Copyright Act 2004 shall continue to exist. 
 
(2) Notwithstanding subsection (1) private collecting societies may be 
established in accordance with right to association under the Constitution. 
 
181. Protection of Traditional Cultural Expressions  
 (1) Traditional cultural expressions are protected against the following 
actions –  
 
(a)      reproduction;  
 
(b)      fixation of a previously unfixed performance; 
  
(c)  communication to the public  by performance, broadcasting, 
distribution by cable or other means; 
  
(d)      adaptations, translations and other transformations; 
  
(e)   when such expressions are made for commercial purposes 
outside their traditional or customary context by persons who 
are not Gambians citizens or domiciled in. 
  
(2) The rights conferred under subsection (a) of this Section shall not 
include the right to control – 
 
(a)       use for educational purposes; 
  
(b)    use by way of illustration in an original works of an author; 
provided that the extent of such use is within the scope of fair 
use;  
 
(c)      incidental inclusion of in a copyright work. 
  (3)  In all publications including fixations of performances and in connection 
with any communication to the public or broadcast of any identifiable 
traditional cultural expression, its source shall be indicated in an appropriate 
manner and in conformity with fair practice, by mentioning the community or 
place from where the expression was derived. 
   
(4)  The right to authorize acts referred to in subsection (a) of this section 
shall vest in the GIPO.  
 
(5) The GIPO shall ensure that any benefits accruing from the commercial 
exploitation of traditional cultural expression are realized by the relevant 
community from where it originated and where the community cannot be 
clearly identified or the work cuts across more than one community, the 
benefits shall be administered by the GIPO for the promotion of cultural 
activities in Gambia. 
  
182. Levy on Copyright Material 
 
(1) There shall be paid a levy on any material used or capable of being used 
to make a copy of a work.  
(2) The material and levy payable under subsection (1) of this Section shall 
be as may be determined by the Minister from time to time and published 
and different levies may be imposed on different categories of materials. 
  
(3) The levy shall be paid into the funds of the GIPO and GIPO shall have 
power to disburse the funds to the owners of the copyrighted works copied 
by paying their approved collective management organizations in 
accordance with regulations made by GIPO. 
  
(4)  In this section, “material”  includes any object, equipment, machine, 
contrivances or any other device used or capable of being used to copy a 
work.   
183. Royalty Rates for Broadcasting and Communication to the Public 
and Public Performance of Sound Recordings   
 
 
(1) The amount of a royalty contemplated in Section 173 shall be 
determined by an agreement between the user of the sound recording, the 
performer and the owner of the copyright, or between their representative 
collecting societies.  
 
(2) In the absence of an agreement, the user, performer or owner may refer 
the matter to the courts or they may agree to refer the matter for disputes 
resolution in the form of mediation or arbitration.  
 
 
(3) In the absence of an agreement between the performer and the owner 
of the copyright, or between their representative collecting societies, the 
performer or owner may refer the matter to the courts, or seek alternative 
disputes resolution in the form of mediation or arbitration. 
 
PART XVI - ENFORCEMENT OF RIGHTS 
  
184. Infringement of Copyright and Related Rights 
 
(1)  Copyright shall be infringed by a person who, without the authorization 
of the owner of the copyright – 
 
(a) does, or causes to be done, an act the doing of which is 
controlled by the copyright owner; or   
(b) imports, or causes to be imported, otherwise than for his 
private and domestic use, an article which he or she knows to 
be an infringing copy.  
 
(2)  The rights of a performer shall be infringed by a person who without the 
consent of the performer – 
 
(a)   does, or causes to be done, any act that is an exclusive right of 
a performer, pursuant to Section 171; or  
 
(b)   imports or causes to be imported, otherwise than for his or her 
own private or domestic use, an article which he or she knows 
would have been made contrary this Act had it been made in 
The Gambia by the importer.  
 
 
(3)  Copyright and related rights shall be infringed by a person who– 
 
(a)     circumvents any access control technological protection 
measure;                   
(b)  manufactures,  distributes, imports, offers to the public, provides 
or otherwise traffics in any devices which (1) are primarily 
designed or produced for the purpose of circumventing or 
enabling the circumvention of technological protection 
measures; or 2) marketed for the purpose of circumventing or 
enabling the circumvention of technological protection 
measures; or 3) have only a limited commercially significant 
purpose or use other than to circumvent any technological 
protection measures;  
(c)    removes or alters any rights management information  knowing, 
or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an 
infringement; or  
(d)     distributes, imports, broadcasts, communicates to the public 
or makes available to the public, protected works, sound 
recordings or copies thereof, knowing that rights 
management information has been removed or has been 
altered without the authority of the right holder and knowing, 
or with respect to civil remedies having reasonable grounds 
to know, that it will induce, enable, facilitate or conceal an 
infringement.  
 
(4)  Infringement of any right protected under this Act shall be actionable at 
the suit of the owner of the right or exclusive licensees, and in any action for 
infringement the following reliefs shall be available to the plaintiff – 
 
(a)     the relief by way of damages, injunction, accounts or otherwise 
that is available in any corresponding proceedings in respect 
of infringement of other proprietary rights;  
 
(b)   delivery up to the plaintiff of any article in the possession of the 
defendant which appears to the court to be an infringing copy, 
or any article used or intended to be used for making 
infringing copies;  
 
(c)      in lieu of damages, the plaintiff at his or her option, be awarded 
an amount calculated on the basis of reasonable royalty 
which would have been payable by a licensee in respect of 
the work or type of work concerned;  
 
(d)   for the purpose of determining  the  amount of damages or a 
reasonable royalty to be awarded under this section, the court 
may direct an enquiry to be held and may prescribe such procedures for conducting such enquiries as the court 
considers necessary; and  
 
(e)    before the owner of the right institutes proceedings under this 
section, he or she shall give notice in writing to the exclusive 
licensee or sub- licensee of the copyright concerned of the 
intention to do so, and the exclusive licensee or sub-licensee 
may intervene in such proceedings and recover any damages 
he or she may have suffered as a result of the infringement 
concerned or a reasonable royalty to which he may be 
entitled.  
 
(5)  Where in an action for infringement of copyright it is proved or admitted.  
 
(a)      that an infringement was committed; and  
 
(b)      that at the time of the infringement the defendant was not 
aware, and had no reasonable grounds for suspecting, that 
copyright subsisted in the work to which the action relates, 
the plaintiff shall not be entitled under this section to any 
damages against the defendant in respect of the infringement 
whether or not other relief is granted under this section.  
 
(6) Where in an action under this section an infringement of copyright and 
related rights protected under this Act is proved or admitted, and the court, 
having regard (in addition to all other material considerations) to  – 
 
(a)      the flagrancy of the infringement; and  
 
(b)     any benefit shown to have accrued to the defendant by reason 
of the infringement, is satisfied that effective relief would not 
otherwise be available to the plaintiff, the court, in assessing damages for the infringement, may award such additional 
damages by virtue of this subsection as the court may 
consider appropriate in the circumstances.  
 
(7)  No injunction shall be issued in proceedings for infringement of any right 
protected under this Act which requires a completed or partly built building to 
be demolished or prevents the completion of a partly built building.  
 
(8)   In an action under this section – 
 
(a)     copyright shall be presumed to subsist in the work or other 
subject matter to which the action relates, if the defendant 
does not put in issue the subsistence of copyright therein; and  
 
(b)   where the subsistence  of  copyright  is proved, admitted or 
presumed under paragraph (a), the plaintiff shall be 
presumed to be the owner of the copyright if he or she makes 
a claim thereto and the defendant does not dispute that claim.  
 
(9)  Where in an action under this section, a name purporting to be the name 
of the author or joint author appears on copies of a literary or musical work 
as published or an artistic work when it was made, any person whose name 
so appears, if it is his or her true name or the name by which he is commonly 
known, shall be presumed, unless the contrary is proved, to be the author of 
the work.  
 
(10)  In the case of an anonymous or pseudonymous work, the publisher 
whose name appears on the work shall, in the absence of any proof to the 
contrary, be presumed to represent the author and, in this capacity, shall be 
entitled to exercise and enforce the moral and economic rights of the author  
(a) provided that the presumption under this subsection shall 
cease to apply when the author reveals his or her identity; or   
(b) where the pseudonym leaves no doubts as to the identity of 
the author.  
 
(11) Where, in any action under this section, the author of the literary, musical 
or artistic work to which the action relates is dead, it shall be presumed, 
unless the contrary is proved.  
 
(a)      that the work is eligible for copyright; and  
 
(b)     that any allegation by the plaintiff that the work  is  a first 
publication and was published in a specified country on a 
specified date, is true.  
 
(12)  Where, in an action under this section, the sound recording to which the 
action relates is reproduced on a record bearing a label or other mark which 
has been issued to the public, any statement on that label or mark to the 
effect that a person named thereon was the maker of the sound recording or 
by whom the recording was first published in a specified year shall, unless 
the contrary is proved, be presumed to be true.  
 
185. Infringements of Marks and Trade Names  
 
(1)   A registered mark or a well-known mark shall be infringed by the 
performance of any infringement act referred to in this Act in The Gambia by 
a person other than the holder of the right in the mark and without the holder’s 
authorization, subject to the limitations and exceptions provided for in this 
Act. A well-known mark shall be infringed by the use of a sign identical with 
or confusingly similar to the well-known mark whether registered or 
unregistered, without the agreement of the owner of the well-known mark, 
where the sign is used for the same or similar goods or services. 
 (2)  A well-known mark shall be infringed by the use of a sign identical with 
or confusingly similar to the well-known mark, without the agreement of the 
owner of the well-known mark, provided that the use of the sign in relation to 
non-similar goods or services would indicate a connection between those 
goods or services and the owner of the well-known mark and that the 
reputation of the well-known mark or of the owner thereof is likely to be 
damaged by such use. 
  
(3)  On the request of a licensee if he or she has requested the holder of the 
mark to institute court proceedings for specific relief and the holder of the 
mark has refused or failed to do so within ninety days, the court may grant 
an injunction to prevent infringement, or an imminent infringement, award 
damages and grant any other remedy provided for in the general law or under 
this Part. 
  
(4)  A trade name shall be infringed by the performance of any violation of 
acts referred to in this Act. 
  
(5)   The court may, on the request of any competent authority or any 
interested person, group association or syndicate, including producers, 
manufacturers or traders, grant relief where it is satisfied that an act of 
infringement has been committed or is imminent.  
 
186. Infringements of Geographical Indications 
  
(1)  A geographical indication protected under this Part shall be infringed by 
the performance of any infringement acts referred to in this Act or any use of 
a geographical indication by a party who does not have the right to use the 
geographical indication in accordance with this Part, subject to the limitations 
and exceptions provided for in this Act.  
  
(2)  On the request of any interested person or of any interested group of 
producers or consumers, the court may grant an injunction to prevent the unlawful use of the geographical indication, award damages and grant any 
other remedy provided for in the general law or under this Part.  
 
187. Infringements of Industrial Designs 
(1)  An industrial design registered under this Act shall be infringed by the 
performance of any violation acts referred to in this Act by a person other 
than the registered holder of the industrial design and without the holder’s 
agreement, subject to the limitations and exceptions provided for in this Act.  
  
(2)  On the request of the registered holder of the industrial design or of a 
licensee if he or she has requested the holder to institute court proceedings 
for a specific relief and the holder has refused or failed to do so within ninety 
days, the court may grant an injunction to prevent infringement or an 
imminent infringement, award damages and grant any other remedy 
provided for in the general law or under this Act.  
 
188. Infringements of Patents and Utility Models 
(1)   Patent and Utility Model shall be infringed by the performance of any 
violation act referred to in this Act by a person other than the holder of the 
patent or Utility Model and without the holder’s agreement, subject to the 
limitations and exceptions provided for in this Act.   
 
(2)   On the request of the holder of the patent or Utility Model the court may 
grant an injunction to prevent infringement or an imminent infringement and, 
where the infringer acted knowingly or with reasonable grounds to know, 
award damages and grant any other remedy provided for in the general law 
or under this Act.  
 
189. Infringements of Layout Designs  
(1) A layout-design (topography) of an integrated circuit protected under this 
Act shall be infringed by the performance of any violation acts referred to in 
this Act by a person other than the registered holder of the layout-design (topography) and without the holder’s agreement, subject to the limitations 
and exceptions provided for in this Act.  
 
(2) On the request of the registered holder of the layout-design (topography) 
of an integrated circuit, or of a licensee if he or she has requested the holder 
to institute court proceedings for a specific relief and the holder has refused 
or failed to do so within ninety days, the court may grant an injunction to 
prevent infringement or an imminent infringement, award damages and grant 
any other remedy provided for in the general law or under this Act.  
 
190. Infringement of Plant Breeders Rights 
(1)   Plant Breeders Rights shall be infringed by the performance of any 
violation act referred to in this Act by a person other than the holder of the 
Plant Breeders Rights and without the holder’s agreement, subject to the 
limitations and exceptions provided for in this Act.   
 
(2)   On the request of the holder of the Plant Breeders Rights the Court may 
grant an injunction to prevent infringement or an imminent infringement and, 
where the infringer acted knowingly or with reasonable grounds to know, 
award damages and grant any other remedy provided for in the general law 
or under this Act.  
 
191. Infringement of Traditional Knowledge and Genetic Resources 
(1)  Traditional knowledge and Genetic Resources shall be infringed by the 
performance of any violation act referred to in this Act by a person other than 
the holder/s of the Traditional knowledge and Genetic Resources and without 
the holder’s agreement, subject to the limitations and exceptions provided for 
in this Act.   
 
(2)   On the request of the holder/s of the Traditional knowledge and Genetic 
Resources l the Court may grant an injunction to prevent infringement or an 
imminent infringement and, where the infringer acted knowingly or with reasonable grounds to know, award damages and grant any other remedy 
provided for in the general law or under this Act. 
 
PART XVII - CIVIL AND ADMINISTRATIVE PROCEDURES AND 
REMEDIES 
 
192. Equitable Procedures 
  
The court shall make available to right holders civil judicial procedures 
concerning the enforcement of any intellectual property right covered under 
this Act.   Defendants shall have the right to written notice, which is timely 
and contains sufficient detail, including the basis of the claims. Parties shall 
be allowed to be represented by an independent legal counsel, and 
procedures shall not impose overly burdensome requirements concerning 
mandatory personal appearances.  All parties to such procedures shall be 
duly entitled to substantiate their claims and to present all relevant evidence. 
The procedure shall provide a means to identify and protect confidential 
information, unless this would be contrary to existing constitutional 
requirements.  
 
193. Evidence 
  
(1) The court may, where a party to proceedings before it has presented 
reasonably available evidence sufficient to support its claims and has 
specified evidence relevant to the substantiation of those claims which lies 
in the control of the opposing party, order that this evidence be produced by 
the opposing party, subject, in appropriate cases, to conditions which ensure 
the protection of confidential information. 
  
(2) In cases where a party to a proceeding voluntarily and without good 
reason refuses access to, or otherwise does not provide necessary 
information within a reasonable period, or significantly impedes a procedure 
relating to an enforcement action, the court may make preliminary and final determinations, affirmative or negative, on the basis of the information 
presented to it, including the complaint or the allegation presented by the 
party adversely affected by the denial of access to information, subject to 
providing the parties an opportunity to be heard on the allegations or 
evidence.  
 
194. Injunctions 
  
(1)   The Court shall have the authority to order a party to desist from an 
infringement, inter alia to prevent the entry into the channels of commerce in 
their jurisdiction of imported goods that involve the infringement of an 
intellectual property right, immediately after customs clearance of such 
goods. The Court may grant the order to prevent the entry into the commerce 
of The Gambia in respect of protected subject matter acquired or ordered by 
a person prior to knowing or having reasonable grounds to know that dealing 
in such subject matter would entail the infringement of an intellectual property 
right. 
  
195. Damages 
(1)  Where damages are awarded in accordance with this Section, the Court 
shall order the infringer to pay the holder of the right adequate compensation 
for the infringement, provided that the infringer acted knowingly or with 
reasonable grounds to know of the infringement.   The court shall also order 
the infringer to pay for the right holder’s expenses, including appropriate legal 
costs. 
  
(2)   The Court may order the infringer to pay for damages relating to acts of 
infringement that took place – 
 
(a)    after the patent application or of the application for registration, 
as the case may be, was published in the prescribed manner; 
or   
(b)     after the applicant of the registration  gave  notice to the alleged 
infringer of the contents of the application; or  
 
(c)    after the alleged infringer acquired knowledge of the contents 
of the application. 
  
(3)  The request for the court to order the payment of damages under 
subsection (2) may be filed only after the industrial property right in question 
is granted.  
 
196. Other Remedies 
  
(1)   Where goods have been found to be infringing, the Court shall, wherever 
this is considered adequate under the circumstances to create an effective 
deterrent to further infringement, taking due account of the need for 
proportionality between the seriousness of the infringement and the 
remedies as well as the legitimate interest of third parties, order, without 
compensation of any kind or type, that these goods be disposed of outside 
the channels of commerce in such a manner as to avoid any harm caused to 
the holder of the right. 
  
(2)  In respect of goods bearing counterfeit marks or geographical 
indications, the simple removal of the mark or geographical indication 
unlawfully affixed shall not be sufficient, other than in exceptional cases, to 
permit release of the goods into the channels of commerce. 
  
(3)  The Court shall also, wherever this is considered adequate, taking due 
account of the conditions set out in subsection (1), order that materials or 
implements the predominant use of which has been the creation of infringing 
goods be disposed of outside the channels of commerce without compensation of any sort in such a manner as to minimize the risks of further 
infringement.  
 
197. Information to the Right Holder  
 
The Court shall order the infringer to inform the holder of the right of the 
identity of third persons involved in the production and distribution of the 
infringing goods or rendering of services and of their channels of distribution, 
where this would be in proportion to the seriousness of the infringement.  
 
 
198. Indemnification of the Defendant 
  
The Court shall order the person at whose request measures were taken and 
who has abused enforcement procedures to provide to a defendant 
wrongfully enjoined or restrained adequate compensation for the injury 
suffered as a consequence of such abuse, and to pay the defendant’s 
procedural expenses, including appropriate attorney's fees.  
 
199. Appeals 
  
(1)  Any decision by the Court in infringement proceedings may be subject to 
an appeal.  
 
(2) The appeal shall follow the procedure provided for under the Civil 
Procedure Laws of the Republic of The Gambia.  
 
200. Further Sanctions   
When a person has been found guilty of an offence under any provision of 
this Act, the Court shall, whenever this is considered adequate under the 
circumstances to create an effective deterrent to further infringement, order 
the seizure, forfeiture, disposal or destruction of the infringing goods and of 
any materials and implements the predominant use of which has been in the 
commission of the offence.  
 
201. Provisional Measures 
  
(1) The Court may order provisional measures to prevent any infringement 
or an unlawful use referred to in this Section from occurring, or to preserve 
relevant evidence in regard to an alleged infringement. 
  
(2)  In respect of any measure under this Section the court may require the 
applicant to furnish – 
  
(a)     reasonably available evidence satisfying the court that the 
applicant is the holder of the right and that the applicant’s 
rights are being infringed or that such infringement is 
imminent; 
  
(b)    security or equivalent assurance  required by the Court; and 
  
(c)   any information necessary to identify the goods concerned by 
the authority that will execute the provisional measure.  
 
(3) In exceptional circumstances where any delay is likely to cause 
irreparable harm to the holder of the right or where there is a demonstrable 
risk of evidence being destroyed, the court may order provisional measures 
without giving the other party an opportunity of being heard. In such case, the court shall give the parties affected notice of the decision at the latest 
after the execution of the measures. 
  
(4) Where, provisional measures have been ordered, the defendant may file 
a request for review with the court within Fourteen days from the notification 
of the decision.  In the review proceedings, the court shall give the parties 
concerned an opportunity of being heard and shall confirm, modify or revoke 
the decision within a reasonable period after the notification of the decision. 
  
(5)   Where the applicant does not initiate court proceedings leading to a 
decision on the merits of the case within 20 working days or 31 calendar 
days, whichever is longer, from the notification of the decision ordering 
provisional measures or within any other reasonable period determined by 
the court in the decision, the court shall revoke the provisional measures 
upon the request of the defendant. 
  
(6)  In granting a provisional measure in accordance with this section, the 
court/ Tribunal shall request the alleged infringer to lodge a guarantee to be 
able to continue in the use of the invention, in order to ensure the 
compensation of the right holder in the case that an infringement is finally 
determined. 
 
(7)   Where the provisional measures are revoked or where the court/ 
Tribunal decides on the merits of the case that there has been no 
infringement or threat of an infringement, the court/ Tribunal shall order the 
applicant, upon the request of the defendant, to provide the defendant 
appropriate compensation for any injury caused by the execution of the 
provisional measures.  
 
202. Border Measures Requirements  
 
Where justified, and provided the conditions set out in this Section are met, 
border measures may be ordered by the Court to prevent the importation of goods bearing a counterfeit mark, goods bearing an unauthorized 
geographical indication or pirated copyright goods.  
 
 
203. Application for Suspension of clearance 
  
The holder of exclusive rights in a mark, copyright or a geographical 
indication under this Act, who has valid grounds for suspecting that the 
importation of counterfeit goods may take place, may file an application with 
the Registrar General requesting him or her to request the customs authority 
to suspend customs clearance of those goods.  
 
204. Request; Prima Facie Evidence 
(1)  The application for suspension of customs clearance shall be presented 
in writing and shall state the grounds for the request.  
 
(2)    It shall be accompanied by – 
  
(a)     prima facie evidence that the applicant is the holder of the 
exclusive right in the mark, copyright or geographical 
indication; 
  
(b)   prima facie evidence that his or her right has been infringed or 
that an infringement is imminent; 
   
(c)    a sufficiently detailed description of the goods alleged to be 
counterfeit in order to make them readily recognizable; and 
  (d)     the prescribed fee.  
 
 205. Content of Application 
  
(1)  The applicant shall furnish all information necessary, a sample of the 
genuine goods produced by or with the consent of the right holder, a sample 
or photograph of the goods alleged to be counterfeit, or other means enabling 
the customs authority to recognize the said goods, in order to enable the 
Registrar General to take a decision on the requested suspension. 
  
(2)  The information furnished by the person applying for suspension shall 
include, if known, the following – 
  
(a)  the name and address of the importers and/or consignees of the 
goods alleged to be counterfeit; 
  
(b)     the country or countries of origin or  manufacture  of the goods 
alleged to be counterfeit; 
  
(c)   the names and addresses of persons or business entities 
involved in the manufacture and distribution of the goods 
alleged to be counterfeit; 
  
(d)   the manner of transportation and the names and addresses of 
the transporters of the goods alleged to be counterfeit; 
  
(e)      the port or ports where it is anticipated that the goods alleged 
to be counterfeit will be imported into the territory of The 
Gambia and presented to the customs authority for dispatch; 
and   
(f)     the expected date of importation and presentation to the 
customs authority for dispatch.  
 
206. Security  
 
The Registrar General may require the right holder to provide security or 
other equivalent assurance to – 
  
(a)     cover any liability on his part vis-à-vis the importer or consignee 
affected by border measures where the said measures are 
discontinued by virtue of an act or omission by the right holder 
or where the goods in question are subsequently found not to 
be infringing;  
 
(b)    ensure payment of the expenditure incurred in keeping the 
goods in suspension by the customs authority; and  
 
 
207. Procedure 
  
(1)  The decision by the Registrar General to suspend the release into free 
circulation of goods alleged to be counterfeit shall specify the period for which 
the customs authority will have to take action. 
  
(2)  The Registrar General shall forward his order without delay to the 
customs authority, and shall promptly notify the importer of the goods and 
the applicant with the order. 
  (3)  The customs authority shall, upon receipt of the order of the Registrar 
General suspend the customs clearance procedures for the allegedly 
counterfeit goods.  
 
208.  Inspection and Examination of Goods 
  
Without prejudice to the protection of confidential information, the customs 
authority shall allow the right holder and the importer to examine the goods 
the clearance of which has been suspended, and to remove samples for 
examination, testing and analysis, in order to substantiate their respective 
claims.  
 
209. Time Limit; Release of Goods 
  
(1)  If, within a period of 10 working days after the applicant has been notified 
of the suspension of customs clearance for the goods in question, no 
proceedings leading to a decision on the merits of the case have been 
initiated by a party other than the defendant or the customs authority has not 
been notified accordingly, the goods shall be released, provided that all other 
conditions for importation have been complied with. 
  
(2)  The Registrar General may request to extend the suspension period by 
a further period of ten working days.  A further extension may be ordered 
only if appropriate under the circumstances.  
 
210. Review of Decision 
(1)  If proceedings leading to a decision on the merits of the case have been 
initiated, the Court shall review, upon the request of the defendant, the 
decision with the view to determining whether the measures shall be 
modified, revoked or confirmed. 
  (2)  Where the suspension of the release of goods is continued in accordance 
with a provisional measure ordered by the Court, the period of further 
suspension shall be determined by the Court. Where no such determination 
has been made, said period shall not exceed 20 working days or 31 calendar 
days, whichever is the longer.  
 
211. Destruction of Goods; Submission to Other Customs Procedures 
  
(1) The Court may order the disposal of the counterfeit goods outside the 
channels of commerce in such a way as to preclude injury to the right holder, 
without compensation of any sort. 
  
(2) The following shall not be permitted in respect of counterfeit goods – 
 
 (a)   re-exporting the goods in an unaltered state; or 
  
 (b)   placing the goods under a different customs procedure.  
 
212. Right of Inspection and Information to the Right Holder 
  
After a positive determination has been made by the Court on the merits of 
the case, the customs authority may, upon request, without prejudice to the 
protection of confidential information, inform the right holder of the names 
and addresses of the importer, consignor and consignee and of the quantity 
of the goods suspended from clearance, provided that this is in proportion to 
the seriousness of the infringement, and provide the right holder with copies 
of documents lodged in respect of such goods or with any information or 
documents relating to any previous importation of identical or similar goods 
in which the same importer, consignor or consignee were involved. 
  213. Compensation for Wrongful Detention 
  
The Court shall order the applicant to pay the importer, the consignee and 
the owner of the goods appropriate compensation for any injury caused to 
them through the wrongful detention of goods or through the detention of 
goods released by virtue of failure to initiate proceedings leading to a 
decision on the merits of the case.  
 
214. De Minimis Imports  
 
Small quantities of goods of a non-commercial nature contained in the 
traveller’s personal luggage or sent in small consignments shall be excluded 
from suspension from release into free circulation.  
 
215. Goods in Transit 
  
The provisions on border measures in this Act shall not apply to goods that 
are in transit in the territory of The Gambia, including those that transit 
through the territory of The Gambia but are not intended for importation. 
 
216. Liability of Customs Department 
  
The customs authority shall not be liable for any action taken or intended in 
good faith in respect of the release or suspension of release into free 
circulation of counterfeit goods including, in particular – 
  
(a)     any failure to detect such goods; and 
 (b)     the inadvertent release of such goods.  
 
217. Criminal Sanctions 
  
(1)   Any infringement of intellectual property rights under this Act, if 
committed wilfully and knowingly may be punishable by imprisonment of not 
less than two (2) year and not more than five (5) years, and or by a fine of 
not less than One Hundred Thousand Dalasi (D100, 000. 00) and not more 
than Five Hundred Thousand Dalasi (D500, 000.00) or both. 
  
(2) The court shall take into particular account the defendant’s profits 
attributable to the infringement when fixing the amount of the fine and may 
increase up to double the upper limit of the penalties specified in subsection 
(1), where the defendant has been convicted for a new act of infringement 
committed within five (5) years of a previous conviction for an infringement. 
  
(3)  The court may apply any measures and remedies referred to under this 
Act. 
  
(4) The Court may also order the forfeiture of property used to facilitate the 
offense, including but not limited to – 
  
(a)     real property where the infringing activity took place, 
  
(b)     vehicles used to transport infringing goods, 
  
(c)      intangible such as licenses, and 
  (d)  equipment and devices used to execute  the infringement.  
 
(5)  Any person who knowingly makes a false representation of a material 
fact in the application for intellectual property rights registration or in any 
written statement filed in connection with the application shall be guilty of an 
offence and liable to a fine not less than Twenty-Five Thousand Dalasi (D25, 
000.00) and any person who knowingly makes such a false representation 
on more than one occasion shall be punishable by a fine of not less than Fifty 
Thousand Dalasi (D50 000. 00) or imprisonment for a period of not more than 
two (2) year or to both, for each occurrence of the false representation. 
  
(6)  Any person who, with fraudulent intent, removes or alters any notice of 
copyright and other areas pertaining to intellectual property rights appearing 
on a copy of a work or on a product in which under this Act shall be guilty of 
an offence and liable to a fine of not more than Hundred Thousand Dalasi 
(D100, 000.00) or twice the value of the defendant’s profits attributable to the 
infringement, whichever is greater. 
 
PART XVIII - INTELLECTUAL PROPERTY TRIBUNAL 
  
218. Establishment of the Intellectual Property Tribunal 
  
(1) There shall be an Intellectual Property Tribunal under the auspices of 
GIPO. 
(2)  The Tribunal shall have the jurisdiction to hear and determine any 
intellectual matters and its decision shall be binding on all the parties. 
 
219. Composition of the Tribunal  
 
(1) The Tribunal shall consist of the Registrar General who shall serve as 
the Chair and four other members selected by the Registrar General amongst the National Intellectual Property Council based on their 
experiences or any other members as the Registrar General may determine.  
  
(2) The Tribunal shall sit at such times as it may appoint. 
 
(3) The Tribunal shall be assisted by a secretary. 
 
(4) There shall be paid to the Chairman and the members of the Tribunal 
such allowance to cover for any expenses members may incur. 
 
 
220. Powers of the Tribunal  
 
(1) The Tribunal shall have powers to make any reasoned decisions 
concerning any intellectual property right entitlement and infringement. 
 
(2) Parties shall have the right to be represented by a legal practitioner for 
any, matter before the Tribunal. 
 
(3) The Tribunal shall exercise any of the powers which could have been 
exercised by the Registrar General in the proceedings in connection with 
which the appeal is brought. 
  
(4)  Make such orders as to costs as it may deem fit.  
 
221. Appeals   
 (1) Any party to the proceedings before the Tribunal may appeal any 
decision of the Tribunal before the Court which may – 
 
(a) confirm, set aside or vary the order or decision in question; or  
 
(b) Remit the proceedings to the Tribunal with such instructions 
for further consideration, report, proceedings or evidence as 
the Court may deem fit;  
 
222. Assessors  
 
The Chairman of the Tribunal may appoint any person with expert knowledge 
to act as an assessor in an advisory capacity in any case where it appears 
to the Tribunal that such knowledge is required for the proper determination 
of the case. 
 
223. Regulations, Rules and procedures of the Tribunal   
 
The Minister shall make Regulations for this Act and rules regulating the 
practice and procedures of the Tribunal.  
 
224. Reference to the Tribunal by the Registrar General  
 
(1)  When any matter to be determined by the Registrar General under this 
Act appears to him or her to involve a point of law or to be of unusual 
importance or complexity, he or she may, after giving notice to the parties 
refer the matter to the Tribunal for a general direction and shall thereafter in 
relation to such matter, act in accordance with the general direction of the 
Tribunal or any direction substituted thereafter on appeal to the Court.  
(2) Where any matter has been referred to the Tribunal in terms of subsection 
(1), the parties thereto shall be entitled to be heard by the Tribunal before 
any decision is made in such matter and may appear or be represented by a 
Legal Practitioner where they elect to do so.  
 
225. Offences 
It shall be an offence for any person to – 
(a) have in his or her possession or control in the course of trade, 
any counterfeit good; 
(b) manufacture, produce or make in the course of trade, any 
counterfeit good; 
(c) sell, hire out, barter or exchange, or offer or expose for sale, 
hiring out, barter or exchange any counterfeit good; 
(d) expose or exhibit for the purposes of trade any counterfeit 
good; 
(e) distribute counterfeit goods for purposes of trade or any other 
purpose; 
(f) import into, transit through, tranship within or export from The 
Gambia, except for private and domestic use of the importer 
or exporter as the case may be, any counterfeit goods; 
(g) have in his or her possession or control in the course of trade 
any labels, patches, stickers, wrappers, badges, emblems, 
medallions, charms, boxes, containers, cans, cases, hand, 
tags, documentations, or packaging of any type or nature, with 
a counterfeit mark applied thereto, the use of which is likely to 
cause confusion, to cause mistake, or to deceive; 
 
(h) aids or abets or conspires in the commission of any offence 
under this Act;  
 (i) import into or transit through The Gambia any labels, patches, 
stickers, wrappers, badges, emblems, medallions, charms, 
boxes, containers, cans, cases, hand tags, documentations, 
or packaging of any type or nature, with a counterfeit mark 
applied thereto, or 
 
 
PART XIX -   MISCELLANEOUS 
  
226. General Power of the Registrar General 
 
The Registrar General reserve the right to exercise his or her discretion on 
any matter concerning the registration, renewal, record, fees, non-use, 
compulsory license, non- voluntary license and any other matter concerning  
any intellectual property right.  The rational for the exercise of such discretion 
shall be reasonable, documented and all parties duly notified in writing. 
 
227. Saving and transition Clause 
 
Notwithstanding the repeal of the Industrial Property Act 2007, Industrial 
Property Act (Amendment) Act 2015 and the Copyright Act 2004 all industrial 
property rights and copyright and related rights registered under the named 
laws shall remain in force for the unexpired portion of the period of protection 
provided thereunder subject to the payment of the prescribed fees. 
 
 
 
 
  
…………………………………. 
Hon. Dawda A. Jallow 
Attorney General and Minister of Justice 
 
 