Africa: The Gambia set to join the Banjul Protocol on Marks

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Africa: The Gambia set to join the Banjul Protocol on Marks

Sponsored by

spoor-fisher-400px.png
dan-roizer-gygpfmxgd1o-unsplash.jpg

Matthew Costard of Spoor & Fisher explains why the Gambia’s ‘British law’ legacy is a cause of concern for ARIPO trademarks

The African Regional Intellectual Property Organisation (ARIPO) is one of Africa’s two regional IP registration systems. ARIPO enables IP owners to get protection for their rights in one or more member countries through a central filing together with a designation of the countries of interest. This is in contrast to the African Intellectual Property Organisation (OAPI), which involves a single filing that automatically covers all the member countries.

The treaty that regulates ARIPO trademarks is the Banjul Protocol on Marks. Eleven countries can be covered through an ARIPO trademark registration (Botswana, Eswatini, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Uganda, Tanzania, and Zimbabwe).

On May 4 2021, ARIPO announced that the Gambia will be the 12th trademark member country, and will join the Banjul Protocol on Marks with effect from August 3 2021. What this means is that as of August 3 2021, trademark owners will be able to designate the Gambia in an ARIPO trademark application.

Yet trademark owners should be wary. The Gambia is what is sometimes known as a ‘British law country’. The effect of this is that international treaties do not become part of the Gambian law until such time as they are specifically enacted in local legislation. The Banjul Protocol on Marks has not been incorporated in any legislation in the Gambia, and this means that any designation of the Gambia in an ARIPO trademark application will have no effect. Purported trademark registrations will be open to attack.

It is worth noting that there is a draft law in the Gambia that does incorporate the Banjul Protocol into the Gambian law (An Act to Repeal The Industrial Property Act 2007, see Section 61(13)). It is not known when this will come into effect, although local sources are hopeful that the bill will be tabled at the next sitting of the National Assembly and that it will be enacted before August 3 2021. Until such a time when the draft law is in force, the safest course for trademark owners will be to use the national trademark system.

 

Matthew CostardDirector, Spoor & FisherE: m.costard@spoor.co.uk  

 

 

more from across site and SHARED ros bottom lb

More from across our site

Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
A strong Canadian business helped lift profits, but the IP service group's latest results underline the pressure facing its operations in Australia, New Zealand and parts of Asia
Wins in court have been key to the six-year-old firm’s growth, as one of its founders explains
The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
Gift this article