IP/N/6/GMB/1  
 
22 February 2023  
(23-1248) Page: 1/4 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM THE GAMBIA  
Civil and Administrative Procedures and Remedies  
 (a)  Civil judicial procedures and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
High Court of The Gambia  
 
2.  Which persons have standing to assert IPRs? How may they be represented? Are 
there  requirements for mandatory personal appearances before the court by the right 
holder?   
 
Any person who alleges a wrong has standing to file a suit before the court. The person may be 
represented by a lawyer enrolled  in the Gambia Bar. Personal appearance  is not mandatory. The 
person may be represented by an attorney.  
 
3.  What authority do th e judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to produce evidence which lies within its control?  
 
The Court may issue a Notice to Produce Order . 
 
4.  What means exist to identify and protect confidential  information brought forward 
as evidence?  
 
Confidential information is only accorded to minors or in sexually explicit matters.  
 
5.  Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative  or jurisprudential, for the ir use:  
 
- injunctions;  
 
-  damages, including recovery of profits, and expenses, including attorney's 
fees;  
 
-  destruction or other disposal of infringing goods and materials/implements for 
their  production;  
 
-  any other remedies.  
 
The High Court has unlimited  jurisdiction  and can issue all the above . 
 
6.  In what circumstances, if any, do judicial authorities have the authority to order the 
infringer  to inform the right holder of the identity of third persons involved in the 
 
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  production and  distribution of the goods or services found to be infringing and of their 
channels of distribution?  
 
The Police may interrogate the suspect and investigate the matte r. However, there is no compulsion 
to disclose third -party infringers. The Court also does not order infringers to disclose any information. 
There is right to remain silen t under the Constitution.  
 
7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To  what extent are public authorities and/or officials liable in such a situation 
and what "remedial  measures" are applicable to them?  
 
There is provision on false and malicious  prosecution . The Attorney G eneral or Inspector General of 
Police may be sued for remedies.  
 
8.  Describe provisions governing the length and cost of proceedi ngs. Provide any 
available data on the actual duration of proceedings and their cost.  
 
There are Practice Directions issued by  the Chief Justice . 
 
(b)  Adminis trative procedures and remedies  
 
9.  Reply to the above questions in relation to any administrative procedures on the 
merits and  remedies that may result from these procedures.  
 
The court may award compensation and /or damages . 
 
 
Provisional Measures  
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal  basis for such authority.  
 
Interim  injunctions may be issued by the High Court . 
 
11.  In what circumstances may such measures be ordered inaudita altera parte ? 
 
When the matter is urgent . 
 
12.  Describe the main procedures for the initiation, ordering and maintenance in force 
of provisiona l measures, in particular relevant time -limits and safeguards to protect the 
legitimate interests  of the defendant.  
 
An ex-parte Motion with  an affidavit in support should be filed . 
 
13. Describe provisions governing the length and cost of proceedings. Pro vide any 
available data  on the actual duration of proceedings and their cost.  
 
The matter can be heard immediately within a day but not later than 14 days.  
 
 
(b)  Administrative measures  
 
14.  Reply to the above questions in relation to any administrative provisional measures.  
 
They are provided  for in the High Court Rules . 
 
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  Special Requirements Related to Border Measures  
15.  Indicate for which goods it is possible to apply for the suspension by the customs 
authorities  of the release into free circulation, in particular whether these procedures are 
available also  in respect of goods which involve infringements of intellectual property 
rights other than  counterfeit trademark or pirated copyright goods as defined in the TRIPS 
Agreement ( footnote  to Article 51). Specify, together with relevant criteria, any imports 
excluded from the application  of such procedures (such as goods from another member 
of a customs union, goods in transit  or de minimis imports). Do the procedures apply to 
imports of goods put on the market in  another country by or with the consent of the right 
holder and to goods destined for exportation?  
 
Any counterfeit or pirated goods or material . 
 
16.  Provide a description of the main elements of the procedures relati ng to the 
suspension of the  release of goods by customs authorities, in particular the competent 
authorities (Article 51),  the requirements for an application (Article 52) and various 
requirements related to the duration  of suspension (Article 55). How hav e Articles 53 
(security or equivalent assurance), 56  (indemnification of the importer and of the owner 
of the goods) and 57 (right of inspection  and information) been implemented?  
 
There should be evidence the goods are counterfeit or pirated. The Customs  can detain the goods 
for up to 10 days or until such a time as a court order  is obtained.  
 
17.  Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost. How long is t he validity 
of decisions  by the competent authorities for the suspension of the release of goods into 
free circulation?  
 
The Customs Act has provisions on this.  
 
18.  Are competent authorities required to act upon their own initiative and, if so, in what  
circumstances? Are there any special provisions applicable to ex officio action?  
 
Intellectual  property infringements  are generally private rights and therefore need to be reported. 
The competent  authorities will act on any report and may initiate cri minal proceedings against 
infringers.  
 
19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria  regulating their use.  
 
These are generally private. The authorities may seek any approp riate remedy.  
 
 
Criminal Procedures  
20.  Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.  
 
High Court of The Gambia  
 
21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties av ailable?  
 
Any act or omission in dealing with counterfeit s or piracy . 
 
22.  Which public authorities are responsible for initiating criminal proceedings? Are they 
required  to do this on their own initiative and/or in response to complaints?  
 
It is the Stat e that can initiate criminal proceedings before the High Court. A complaint must first be 
made.  
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  23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
Any private person may also initiate criminal proceedings . 
 
24.  Specify, by category of IPR and type of infringement where necessary, the penalties 
and other remedies that may be imposed:  
 
-  imprisonment;  
 
-  monetary fines;  
 
- seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production;  
 
- other.  
 
All the above  
 
25.  Describe provisions governing the length and any cost of proceedings. Provide any 
available  data on the actual durati on of proceedings and their cost, if any.  
 
There are Practice Direction s to guide the court and litigants.  
 
 
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