About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Constitution of the Republic of Gabon (as amended by the Law No. 13/2003 of August 19, 2003), Gabon

Back

Latest Version in WIPO Lex
Year of Version 2003 Dates Entry into force: March 26, 1991 Adopted: March 26, 1991 Type of Text Constitution/Basic Law Subject Matter Other Notes The Constitution is the supreme law of Gabon. It was adopted on March 15, 1991 and promulgated by Law No. 3-91 of March 26, 1991. The Constitution established a transparent electoral process, formalized multi-party systems and reorganized the governmental institutions. Since 1991, it has been amended five times by the following Laws: Law No. 1/94 of March 18, 1994; Law No. 18/95 of September 29, 1995; Law No. 1/97 of April 22, 1997; Law No. 14/2000 of October 11, 2000 and Law No. 13/2003 of August 19, 2003. These laws modified or characterized the President's prerogatives.

Gabon is a bicameral parliamentary democracy. The Constitution specifies the powers and duties of the three branches of the Government. The legislative, executive and judicial powers are independent from each other. The President of the Republic and the Prime Minister both exercised the executive powers. The legislative powers are attributed to the Parliament, which is composed of the National Assembly and the Senate. The judicial powers are attributed to various courts that will render decisions in the name of the Gabonese people. These courts are the Constitutional Court, Court of Cassation, State Council, Court of Accounts, Court of Appeals, High Court of Justice, tribunals of first instance and Special Courts.

The legal system of Gabon belongs to a mix legal system which includes both civil law and customary law. According to this system, a set of laws and regulations are codified into codes and customary law plays a significant role in family law and law of succession. Until 1976, there were indigenous tribunals in Gabon but they now have been replaced with State courts. Despite their abolition, there are still traditional judges and neighborhood leaders that can act as arbitrators for any conflict that arises and that is presented to them. Their powers are regulated by the Decree No. 0058/ML-SG-DPRH of March 20, 1996 and the Decree No. 0031/ML of July 21, 1998. Those customary practices are usually analyzed on a case by case basis. Customary law does not regulate the intellectual property.

The Constitution does not contain provisions on intellectual property. However, Article 1§10 protects private property and it stipulates that: “Any person, either alone or as a community, is entitled to property. No one can be deprived of its property, except if it is for a public utility, in cases established by the law and through a just and prior indemnity [...] “.

Available Texts Main text(s) Main text(s) French Constitution de la République Gabonaise (telle que modifiée par la loi n° 13/2003 du 19 août 2003) PDF HTML
Legislation Is amended by (1 text(s)) Is amended by (1 text(s))
Law No. 047/2010 of January 12, 2011, on the Revision of the Constitution of Gabon (GA019)


WIPO Lex No. GA002