New ARIPO Member: Republic of The Gambia – Intellectual Property


Gambia: The newest member of ARIPO: The Republic of The Gambia

To print this article, simply register or connect to

The African Regional Intellectual Property Organization (“ARIPO“) is one of the profitable regional systems in Africa which allows a trademark owner to file a single trademark application in different classes, designating various territories. The other regional trademark system is the African Intellectual Property Organization (OAPI) which covers the following territories in West Africa: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.

As of August 3, 2021, The Gambia will become the most recent member of the Banjul Protocol on Trademarks under which The Gambia can now be designated under ARIPO trademark applications. The other states that are currently members of the Banjul Protocol are: Botswana, Eswatini, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Tanzania (mainland), Uganda and Zimbabwe.

Despite The Gambia’s accession to the Banjul Protocol, the Gambia’s Industrial Property Law has not been amended to provide for the recognition and enforcement of ARIPO trademark registrations. This means that any designation of The Gambia under an ARIPO application will have no effect in The Gambia at this stage. The same is true for the following other Member States which have not yet domesticated their national legislation to recognize ARIPO trademark registrations: eSwatini, Lesotho, Liberia, Tanzania and Uganda.

If trademark owners are looking for a cost effective trademark filing option in Africa to cover a few territories, we recommend that customers consider filing an ARIPO application designating the following countries only: Botswana, Malawi, Mozambique, Namibia, São Tomé and Príncipe , and Zimbabwe, as these are the only member countries that have made legal provisions for the recognition and enforcement of ARIPO registrations at the national level.

If other Member States (eSwatini, Gambia, Lesotho, Liberia, Tanzania and Uganda) are of interest and until these Member States recognize ARIPO registrations under their local laws, we recommend that clients instead protect their national trademarks by filing in those territories to ensure that their trademarks will be considered valid and enforceable. For all the remaining territories in Africa likely to be of interest to customers, it is necessary to file national trademark applications by territory in order to ensure full protection.

Reviewed by Manisha Bugwandeen-Doorasamy, executive of the IP department of ENSafrica.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought on your particular situation.

POPULAR ARTICLES ON: The Intellectual Property of The Gambia

Types of brands: everything you need to know

Abu Naja

As industries rush to gain a legal monopoly on their unique innovations through trademark registration, we are inundated with an ever-increasing number of products with

2020: Nigeria’s Progress on Copyright Reform

Inventa International

Despite the COVID-19 pandemic which effectively put a large part of life on hold, Nigeria has had a hugely productive 2020 when it comes to copyright law reforms and court rulings.

How to register a trademark in Nigeria

Olisa Agbakoba Legal (OAL)

In Nigeria, where at least six in ten people own a business or product, the importance of trademark registration cannot be overstated.

Source link

Leave A Reply

Your email address will not be published.