Africa: Gambia and Algeria join Madrid Protocol

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Africa: Gambia and Algeria join Madrid Protocol

The World Intellectual Property Organisation (WIPO) has announced that the Republic of the Gambia has acceded to the Madrid Protocol on the international registration of trade marks. The notification says that the Madrid Protocol will enter into force in Gambia on December 18 2015. This makes Gambia the 21st African country or regional organisation to join the Madrid Protocol.

Unlike several African member countries, Gambia has passed legislation which gives effect to its obligations in terms of the Madrid Protocol. International registrations that designate Gambia should therefore be enforceable.

Trade mark owners should be aware, though, that the Gambian Registry's examination of applications is unlikely to be rigorous and that advertisement, for opposition purposes, will probably take longer than 18 months to occur after filing. This will mean that international registrations, which have not been the subject of proper scrutiny, could become valid by default.

Although avoiding proper examination and opposition may be seen as something of a bonus for the company that applies for international registration, it could, in fact, be problematic. That is because a third party threatened or in some way aggrieved by the international registration might apply for its cancellation on the basis that it was wrongly registered.

Algeria will be joining the Madrid Protocol with effect from October 31 2015. Algeria has for many years been a member of the older Madrid Agreement. The Agreement requires a trade mark owner to obtain a registration in its home country before it can apply for an international registration, rather than simply relying on a pending application in the home country. We understand that Algeria was the only Madrid Agreement country in the world not to have joined the Madrid Protocol. Therefore Algeria joining the Madrid Protocol allows for a merging of the two agreements, which means that in future there will be just one agreement dealing with the international registration of trade marks.

Wayne Meiring


Spoor & Fisher JerseyAfrica House, Castle StreetSt Helier, Jersey JE4 9TWChannel IslandsTel: +44 1534 838000Fax: +44 1534 838001info@spoor.co.ukwww.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Gift this article