The Registrar General's Office
Gambia

  • Section 1 General
  • Section 2  Private and/or non-commercial use
  • Section 3  Experimental use and/or scientific research
  • Section 4  Preparation of medicines
  • Section 5  Prior use
  • Section 6  Use of articles on foreign vessels, aircrafts and land vehicles
  • Section 7  Acts for obtaining regulatory approval from authorities
  • Section 8  Exhaustion of patent rights
  • Section 9  Compulsory licensing and/or government use
  • Section 10  Exceptions and limitations related to farmers' and/or breeders' use of patented inventions
  • Section 11  Other exceptions and limitations

 

Section 1: General

1. As background for the exceptions and limitations to patents investigated in this questionnaire, what is the legal standard used to determine whether an invention is patentable? If the standard for patentability includes provisions that vary according to the technology involved, please include examples of how the standard has been interpreted, if available. Please indicate the source of law (statutory and-or case law) by providing the relevant provisions and/or a brief summary of the relevant decisions.

Section 4 of the Industrial Property Act

An invention is patentable if it is new, involves an inventive step and is industrially applicable.


Correspondingly, please list exclusions from patentability that exist in your law. Furthermore, please provide the source of those exclusions from patentability if different from the source of the standard of patentability, and provide any available case law or interpretive decisions specific to the exclusions.

Section 3 (3) of the Industrial Property Act excludes the following from patentability-
(a) Discoveries, scientific theories and mathematical methods;
(b) Plant and animal varieties or essentially biological processes for the production of plants or animals, other than microbiological processes and the products of such processes;
(c) Schemes, rules or methods for doing business, performing purely mental acts or playing games;
(d) Methods for treatment of human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body, and this provision shall not apply to products for use in any of those method.


2. As background for the exceptions and limitations to patents investigated in this questionnaire, what exclusive rights are granted with a patent? Please provide the relevant provision in the statutory or case law. In addition, if publication of a patent application accords exclusive rights to the patent applicant, what are those rights?

Section 12 of Industrial Property Act grants exclusive right to exploit the patent.

Section 12(2) defines "exploitation" of patented inventions as
(a) when the patent has been granted in respect of a product-
(i) making, importing, offering for sale, selling and using the product,
(ii) stocking such product for the purposes of offering for sale, selling or using;
(b) when the patent has been granted in respect of a process-
(i) using the process;
(ii) doing any of the acts referred to in paragraph (a) of this subsection in respect of a product obtained directly by means of the process.


3. Which exceptions and limitations does the applicable law provide in respect to patent rights (please indicate the applicable exceptions/limitations):

[Note from the Secretariat: response was not provided.]

 

Section 2: Private and/or non-commercial use

4.-10.

[Note from the Secretariat: the applicable law of Gambia does not provide exceptions related to private and/or non-commercial use.]

 

Section 3: Experimental use and/or scientific research

11.-22.

[Note from the Secretariat: the applicable law of Gambia does not provide exceptions related to experimental use and/or scientific research.]

 

Section 4: Preparation of medicines

23.-30.

[Note from the Secretariat: the applicable law of Gambia does not provide exceptions related to the preparation of medicines.]

 

Section 5: Prior use

31.-41.

[Note from the Secretariat: the applicable law of Gambia does not provide exceptions related to prior use.]

 

Section 6: Use of articles on foreign vessels, aircrafts and land vehicles

42. If the exception is contained in statutory law, please provide the relevant provision(s):

Section 12 (4) (b) of the Industrial Property Act.


43. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:

[Note from the Secretariat: response was not provided.]


44.(a) What are the public policy objectives for providing the exception? Please explain:

To mitigate against the harsh application of patent rights against foreign vessels, aircraft or vehicles.

(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:

[Note from the Secretariat: response was not provided.]


45. The exception applies in relation to:

Vessels;
Aircrafts;
Land Vehicles.


46. In determining the scope of the exception, does the applicable law apply such terms as ”temporarily” and/or “accidentally” or any other equivalent term in relation to the entry of foreign transportation means into the national territory? Please provide the definitions of those terms by citing legal provision(s) and/or decision(s):

The exception applies in cases where the entry is temporary or accidental.


47. Does the applicable law provide for any restrictions on the use of the patented product on the body of the foreign vessels, aircrafts, land vehicles and spacecraft for the exception to apply (for example, the devices to be used exclusively for the needs of the vessel, aircraft, land vehicle and/or spacecraft)? Please explain your answer by citing legal provision(s) and/or decision(s):

Section 12 does not restrict the application of the exception.


48. If the applicable law provides for other criteria to be applied in determining the scope of the exception, please describe those criteria. Please illustrate your answer by citing legal provision(s) and/or decision(s):

None.


49. Is the applicable legal framework of the exception considered adequate to meet the objectives sought (for example, are there any amendments to the law foreseen)? Please explain:

No amendments are planned.


50. Which challenges, if any, have been encountered in relation to the practical implementation of the exception in your country? Please explain:

None.

 

Section 7: Acts for obtaining regulatory approval from authorities

51.-59.

[Note from the Secretariat: the applicable law of Gambia does not provide exceptions related to acts for obtaining regulatory approval from authorities.]

 

Section 8: Exhaustion of patent rights

60. Please indicate what type of exhaustion doctrine is applicable in your country in relation to patents:

National

If the exception is contained in statutory law, please provide the relevant provision(s):

Section 12(4) of the Industrial Property Act

If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:

[Note from the Secretariat: response was not provided.]


61.(a) What are the public policy objectives for adopting the exhaustion regime specified above? Please explain:

(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:

[Note from the Secretariat: response was not provided.]


62. Does the applicable law permit the patentee to introduce restrictions on importation or other distribution of the patented product by means of express notice on the product that can override the exhaustion doctrine adopted in the country?

Uncertain.

Please explain your answer by citing legal provision(s) and/or decision(s):

[Note from the Secretariat: response was not provided.]


63.-64.

[Note from the Secretariat: response was not provided.]

 

Section 9: Compulsory licensing and/or government use

Compulsory licenses

65. If the exception is contained in statutory law, please provide the relevant provision(s):

Section 12(6) and 14 of the Industrial Property Act.


66. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:

[Note from the Secretariat: response was not provided.]


67. What grounds for the grant of a compulsory license does the applicable law provide in respect to patents (please indicate the applicable grounds):

[Note from the Secretariat: response was not provided.]


68.(a) What are the public policy objectives for providing compulsory licenses in your country? Please explain:

Public interest considerations

(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:

[Note from the Secretariat: response was not provided.]


69. If the applicable law provides for the grant of compulsory licenses on the ground of “non-working” or “insufficient working”, please provide the definitions of those terms by citing legal provision(s) and/or decision(s):

[Note from the Secretariat: response was not provided.]


70. Does the importation of a patented product or a product manufactured by a patented process constitute “working” of the patent? Please explain your answer by citing legal provision(s) and/or decision(s):

Yes


71. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide for a certain time period to be respected before a compulsory license can be requested?

Yes

If yes, what is the time period?

4 yrs from date of filing of the patent application or 3 yrs from date of grant of the patent.


72. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide that a compulsory license shall be refused if the patentee justifies his inaction by legitimate reasons?

Yes.

If yes, what are “legitimate reasons”?

[Note from the Secretariat: response was not provided.]


73.-75.

[Note from the Secretariat: response was not provided.]


76. Does the applicable law provide a general policy to be followed in relation to the remuneration to be paid by the beneficiary of the compulsory license to the patentee? Please explain:

Section 14 (3) provides for the payment of an equitable remuneration to the patentee


77. If the applicable law provides for the grant of compulsory licenses on the ground of “national emergency” or “circumstances of extreme urgency”, please explain how the applicable law defines those two concepts and their scope of application, and provide examples:

[Note from the Secretariat: response was not provided.]


78. Please indicate how many times and in which technological areas compulsory licenses have been issued in your country:

None


79.-80.

[Note from the Secretariat: response was not provided.]


Government use

81. If the exception is contained in statutory law, please provide the relevant provision(s):

Section 12(6)


82.-83.

[Note from the Secretariat: response was not provided.]


84.(a) What are the public policy objectives for providing government use in your country?

Public interest

(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:

[Note from the Secretariat: response was not provided.]


85. If the applicable law provides for the grant of government use on the ground of “national emergency” or “circumstances of extreme urgency”, please explain how the applicable law defines those two concepts and their scope of application, and provide examples:

[Note from the Secretariat: response was not provided.]


86. Please indicate how many times and in which technological areas government use has been issued in your country:

None


87.-88.

[Note from the Secretariat: response was not provided.]

 

Section 10: Exceptions and limitations related to farmers' and/or breeders' use of patented inventions

89.-100.

[Note from the Secretariat: the applicable law of Gambia does not provide exceptions and limitations related to farmers’ and/or breeders' use of patented inventions.]

 

Section 11: Other exceptions and limitations

101.-103.

[Note from the Secretariat: the applicable law of Gambia does not provide other exceptions and limitations.]

 

 

[End of questionnaire]

October 2011