Geographical Indications Law in Gambia
In The Gambia, the legal framework for the protection of Geographical Indications (GIs) is primarily governed by the Industrial Property Act (Act No. 12 of 1989), which was enacted in 1989 and came into force in 2007. This Act provides a comprehensive legal basis for the protection of various intellectual property rights, including patents, trademarks, and GIs.
Key Provisions of the Industrial Property Act
Geographical Indications: The Act recognizes GIs as a form of intellectual property, allowing for their registration and protection.
Registration: GIs can be registered as either collective or certification marks, providing legal recognition and protection against misuse.
Enforcement: The Act empowers the courts to enforce GI rights, including the prevention of misleading uses and unfair competition.
International Treaties: The Gambia is a signatory to several international agreements relevant to GI protection, including the World Trade Organization's TRIPS Agreement, the Paris Convention, and the Madrid Protocol. (
Institutional Framework
Registrar General's Department: The Registrar General's Department, under the Ministry of Justice, is responsible for the administration and enforcement of intellectual property laws, including the registration of GIs.
ARIPO Membership: The Gambia is a member of the African Regional Intellectual Property Organization (ARIPO) and has acceded to the Banjul Protocol on Marks, which facilitates the registration of GIs across multiple member states through a single application.
Ongoing Developments
The Gambia's Intellectual Property Policy and Strategy (2018–2023) outlines plans to enact new laws for the protection of GIs, traditional knowledge, and other intellectual property rights. This includes ensuring compliance with international agreements and promoting awareness among stakeholders.
Conclusion
The Gambia's legal framework for the protection of GIs is established under the Industrial Property Act, supported by international treaties and regional agreements. Ongoing efforts aim to enhance and modernize the system to better protect and promote GIs in the country.
RELATED Blog
0 comments