A Comparative Analysis of Regional and National Protection of Trademarks: A Case of the Gambia and the African Regional Intellectual Property Office (ARIPO)

Abstract

The importance of trademarks in the conduct of trade especially in contemporary times cannot be overemphasised. Trade and commerce are overwhelmingly being spurred today and so too are the various techniques used to facilitate communication in business. It is for the above that it becomes absolutely important to devise means of protecting both traders and the consumers from the activities of unscrupulous persons. Within member states of the African Regional Intellectual Property Organisation (ARIPO), this protection is done through the Banjul Protocol on Marks administered by ARIPO on behalf of the Contracting States. In The Gambia, trademarks are protected through the Industrial Property Act No: 12 of 1989 administered by the Industrial Property Office which is a section of the Attorney General's Chambers and Ministry of Justice. The research therefore analysed in detail the two relevant legal instruments for trademark protection and made suggestions as to how protection therein could be better enhanced between the two offices.