Liste de questions concernant les moyens de faire respecter les droits au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document

The Gambia

a) Procédures et mesures correctives judiciaires civiles

High Court of The Gambia

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.

The Court may issue a Notice to Produce Order.

Confidential information is only accorded to minors or in sexually explicit matters.

The High Court has unlimited jurisdiction and can issue all the above.

The Police may interrogate the suspect and investigate the matter. 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 silent under the Constitution.

There is provision on false and malicious prosecution. The Attorney General or Inspector General of Police may be sued for remedies.

There are Practice Directions issued by the Chief Justice.

b) Procédures et mesures correctives administratives

The court may award compensation and/or damages.

a) Mesures judiciaires

Interrim injunctions may be issued by the High Court.

When the matter is urgent.

An ex-parte Motion with an affidavit in support should be filed.

The matter can be heard immediately within a day but not later than 14 days.

b) Mesures administratives

They are provided for in the High Court Rules.

Any counterfeit or pirated goods or material.

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.

 The Customs Act has provisions on this.

Intellectual property infringements are generally private rights and therefore need to be reported. The competent authorities will act on any report and may initiate criminal proceedings against infringers.

These are generally private. The authorities may seek any appropriate remedy.

High Court of The Gambia

Any act or omission in dealing with counterfeits or piracy.

It is the State that can initiate criminal proceedings before the High Court. A complaint must first be made.

Any private person may also initiate criminal proceedings.

All the above

There are Practice Directions to guide the court and litigants.