Industrial Designs Law in Gambia
In The Gambia, industrial design protection is governed by the Industrial Property Act 2007, as amended by the Industrial Property (Amendment) Act 2015, and regulated under the Industrial Property Regulations 2010. The Registrar General’s Department, under the Ministry of Justice, administers all industrial property rights, including industrial designs, in accordance with national laws and international agreements.
🖌️ What Is an Industrial Design?
An industrial design in The Gambia refers to the ornamental or aesthetic aspects of an article, which may include:
Two-dimensional features such as patterns, lines, or colors.
Three-dimensional features such as the shape or surface of an article.
To be eligible for protection, the design must be new and non-functional, meaning it should not be dictated solely by technical considerations.
📝 Registration Process
To register an industrial design in The Gambia, the following steps must be undertaken:
Application Submission: File an application using Form D1 with the Registrar General’s Department. The application must include:
A request for registration.
Drawings, photographs, or other adequate graphic representations of the article embodying the industrial design.
An indication of the kind of products for which the industrial design is to be used.
The name and address of the creator, if not the applicant.
Evidence of the applicant’s entitlement to make the application.
Examination: The Registrar General examines the application to ensure it complies with the requirements of the Act.
Publication: If the application is accepted, it is published in the prescribed manner.
Opposition: A person may oppose the registration within three months of the advertisement of the application on the grounds that one of the conditions is not fulfilled.
Issuance of Certificate: After the opposition period, if no opposition is upheld, the Registrar General will issue the Registration Certificate to the applicant.
⏳ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The design can be renewed for two consecutive periods of 5 years each, totaling a maximum protection period of 15 years, upon payment of the prescribed renewal fees.
Grace Period: A 6-month grace period is provided for late payment of renewal fees, subject to a penalty.
🌍 International Protection
The Gambia is a member of the Paris Convention for the Protection of Industrial Property and the African Regional Intellectual Property Organization (ARIPO). Through ARIPO, The Gambia participates in the Harare Protocol on Patents and Industrial Designs, allowing applicants to file a single application for industrial design protection in multiple member states.
⚖️ Enforcement and Infringement
Infringement proceedings may be instituted in the High Court by the owner of the industrial design. The relief may include damages, injunctions, and impounding of infringing articles. Certain infringing acts constitute criminal offenses, and a perpetrator may be liable to a fine, imprisonment, or both.
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