Gambia

General Information

• Capital: Banjul
• Population: 1.3 million
• Area: 11 295 km2
• Languages: English – official language
• Exports: Groundnuts and related products; cotton lint; fish and fish products; palm kernels
• Imports: Foodstuffs; raw materials; fuel machinery; transport equipment
• Currency: Dalasi

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union

Requirements for Application

(a) Power of attorney, simply signed;
(b) A certified copy of a UK registration can be called for if application is made for cotton goods;
(c) Eight prints of the trade mark – device marks.

Classification

Follows the pre-1938 United Kingdom classification of 50 goods classes. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior existing applications and/or registrations.

Opposition

Opposition may be lodged within three months following advertisement of the trade mark application or such further periods as may be allowed by the Registrar.

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use it and there has, in fact, been no bona fide use of the trade mark.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation. 

Duration and Renewal

A trade mark registration is effective for an initial period of fourteen years and, thereafter, renewable for like periods.

Licensing/Registered Users

No provision for licensing is made in the Act. However, a proprietor of a trade mark may enter into a licensing agreement with another party to use his mark.

Assignments

Assignments are possible and must be made with goodwill. Recordation must be within three months, otherwise a court order condoning late recordation is required.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee;
(c) Original certificate of registration must be produced for endorsement.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm’) or symbol ® optional.

Goods bearing misleading marks that might be indicative of British origin should be marked with the country of origin. Cabin breads in barrels, flour, rice and soap (other than toilet soap) must show the weight on the barrel/package. The marks and weight of the inner package of candles and sugar must be marked on the outer packaging. The counts and numbers of hanks of yarns (except silk and noil yarn) must be marked clearly on the bundle. 

Patents

General

The Gambia is on the west coast of Africa. Except for its sea coast on the Atlantic, it is completely surrounded by Senegal. Senegal and Gambia form the confederation of Senegambia, but have not merged into a single entity. They still maintain their separate industrial property laws.

A new Gambian Industrial Property Act, which provides for national patent applications in Gambia, was passed some years ago, but has still not entered into force. Presently the only way of obtaining patent protection in Gambia, is by way of confirmation of a granted UK, or EP/UK patent. The validity of a Gambian confirmation patent is assessed with respect to the grounds which would permit revocation of the corresponding UK patent. Gambia is a member of the PCT, WTO and of ARIPO. 

Patentable Subject Matter

The same requirements that exist in the United Kingdom are applicable. Inventions must be new, involve an inventive step and be capable of industrial application.

Specific statutory bars to patentability do exist, for example discoveries, scientific theories or mathematical methods; aesthetic creations, etc, are not patentable.

An invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practiced on the human or animal body is not deemed capable of industrial application, and so is not patentable. 

Filing Requirements

Two certified copies of the UK Letters Patent document and a certificate issued by the UK Comptroller of Patents giving full particulars of the grant of the UK patent are required.

Novelty

An application for confirmation of a UK patent has to be made within three years from the date of issue of the UK patent. According to the new law, a grace period of six months preceding the application date (which may be a PCT application) or Convention priority date, is provided if the disclosure was by reason or in consequence of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Examination

Only a formal examination takes place.

Duration/Maintenance

A patent expires with the UK patent on which it is based as long as renewal fees are paid on the UK patent.

Licences/Assignments

In order to be effective against third parties, Licences and Assignments should be recorded.