The Gambia Ratifies Banjul But Questions Remain?
On 3 May 2021, the Government of the Republic of The Gambia deposited its Instrument of Ratification to the Banjul Protocol on Marks with the Director General of ARIPO. Accordingly, The Gambia will be eligible for designation under the Banjul Protocol with effect from 3 August 2021.
The ratification of The Gambia to the Protocol brings the total number of Member States party to the Protocol to twelve.
The Gambia’s Industrial Property Act, 1989 (Act No. 12 of 1989) (“the Act”) defines the “ARIPO Protocol” in Section 2 of the act as “the Protocol on Patents and Industrial Designs within the framework of ARIPO” and no reference is made to the Banjul Protocol on Marks in the Act. Accordingly, the Act does not yet recognise trade mark rights granted via the ARIPO system. It will therefore be necessary for lawmakers in The Gambia to amend the Act to recognise its obligations under the Banjul Protocol.
For more information about filing in The Gambia or ARIPO, as well as our competitive tariffs, email us at AfricaIP@Adams.Africa
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