– The Industrial Property Act, with effect from April 2, 2007.
– Implementing Regulations, in force since January 1, 2011.

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 10, 1980.
– ARIPO, Harare Protocol, since January 16, 1986.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 21, 1992.
– WTO’s TRIPS Agreement, since October 23, 1996.

Applicant: the creator or joint creators or his/their successors in title, or a firm or company.

Novelty: absolute and national novelty are both partly applicable. However, novelty is not destroyed by disclosure within six months of the filing date (or priority date if applicable) by reason of acts by the applicant or his predecessor in title or abuse by a third party.

Duration: seven years from filing; there is no possibility of extension.

Marking: not compulsory.

Filing requirements: an application shall contain the name and address of applicant, creator and agent, title, description, claims, drawings (where required) and an abstract. It shall be accompanied by the prescribed fee and where the applicant is not the creator, a statement justifying his right to the registration.

Examination procedure: formal examination is first carried out, and then a substantive examination as to novelty, industrial applicability, sufficiency of description, claims and drawings and unity of invention.

Opposition: not applicable in this jurisdiction.

Publication: on registration, all utility models are entered into the official register, which is open for public inspection.

Assignment: application shall be made to the Registrar in writing for recordal; the Registrar may request documentary evidence in support of assignment. Any documents originating from outside The Gambia must be notarized; a license must be recorded to have any effect against third parties.

Use: any interested person may apply for a compulsory license if they can prove that the utility model has not been used for a continuous period of four years from the filing date or three years from the registration date (whichever is later).

Licensing: licenses may be granted by the registered owner; a written submission for recordal of the license must be made to the Registrar General, accompanied by a notarized license document. In cases of non-use the Registrar may grant a compulsory license (see “Use”, above).

Correction of the Register: the applicant may amend the application, provided it does not go beyond the original specification.

Revocation: any interested party may petition the Supreme Court to invalidate a registration, on grounds that he owner is not the creator/his successor or that the design is in breach of any registrability requirement.