By Lawyer Muhamed Lamin Ceesay
Africa-Press – Gambia. Innovation is not just about ideas; it’s about hope, passion, and the future of a nation. When we strip away the tools that protect our creators and innovators, we risk silencing the dreams that could transform The Gambia. The journey to rebuild a truly independent Intellectual Property Office is not just a legal battle; it is a fight for the soul of our country’s creativity and progress.
In 2023, I had the privilege of reviewing the draft Intellectual Property Bill of The Gambia, which introduced many much-needed changes to foster innovation and creativity in the country. Among the notable improvements were:
1. The establishment of a semi-autonomous entity named the “The Gambia Intellectual Property Office (GIPO).”
2. A broader mandate encompassing the administration of both industrial property and copyright.
3. Comprehensive coverage of intellectual property rights, including geographical indications, plant breeders’ rights, traditional knowledge, genetic resources, and copyright and related rights.
4. Clear and effective enforcement mechanisms and remedies.
5. The creation of an IP tribunal aimed at making enforcement more accessible and affordable for creators and innovators.
This Bill was approved by the Cabinet as a robust draft and subsequently tabled before the National Assembly. It successfully passed both the first and second readings, supplemented by study visits to Ghana to gather best practices. The Bill is currently at the consideration stage and is expected to return to Parliament for its third reading and eventual enactment.
However, it is deeply disheartening and highly demotivating to observe that Parliament has removed critical clauses essential to the advancement of intellectual property in The Gambia. Notably, Section 4, which established the semi-autonomous Gambia Intellectual Property Office, was entirely altered and effectively deleted.
This alteration means that, despite adopting the new name, the industrial property office remains largely unchanged in structure and function.
For far too long, The Gambia has lagged behind in technological advancement and innovation. Our IP offices still lack an online registration system, patent information remains inaccessible, gazettes are published only in hard copy, and many Gambians including those in the diaspora remain unaware of the office’s scope and mandate. At the core of these challenges is a lack of autonomy. Our IP office does not have the operational freedom, independent budget, or governance capacity needed to develop and promote intellectual property effectively.
Some may argue that the office will still operate as semi-autonomous with its new name, but this is not accurate. A truly semi-autonomous IP office is defined by legal recognition as an independent entity, administrative freedom, financial self-management, governance independence, and a broad operational scope. Regrettably, all these elements are absent under the current configuration of the Gambia Intellectual Property Office.
This is a severe setback for innovation and technology development at a time when most countries are actively transitioning their IP offices from ministries to semi-autonomous agencies or institutions. For instance:
– Malawi’s Parliament recently passed two landmark bills in 2025 to strengthen its IP environment, including the Companies, Registrations, and Intellectual Properties Centre Bill. This legislation establishes a semi-autonomous government agency responsible for company and IP rights registration, insolvency supervision, revenue collection, and collateral registry management.
– Liberia has also moved in this direction, establishing a semi-autonomous Intellectual Property Office that operates with increased independence and efficacy.
– Botswana’s Companies and Intellectual Property Authority (CIPA) is another prime example of a semi-autonomous body with administrative and financial autonomy, which contributes significantly to their IP system’s functionality.
In fact, semi-autonomous intellectual property (IP) offices consistently outperform fully government-controlled ones. This is because semi-autonomy boost efficiency, innovation, and user trust which are advantages The Gambia could decisively benefit from.
For example, Uganda’s semi-autonomous IP office uses weekly performance monitoring to target outreach and improve underperforming areas, resulting in increased IP registrations. Also, leading semi-autonomous offices like the European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), China National Intellectual Property Administration (CNIPA), and the USPTO reduce application processing times significantly, fostering faster innovation cycles and higher user satisfaction.
Statistical data from Ukraine’s semi-autonomous office reveals trademark application growth of 11.1% and a nearly 70% rise in industrial design registrations due to improved service delivery. These offices implement modern IT infrastructures such as online applications and digital gazette publications which eliminates bottlenecks common in fully government-run offices where paper-based processes persist.
Most importantly, financial independence semi-autonomous IP bodies enjoy enables reinvestment into outreach, training, and technology upgrades. This reinforces a robust IP ecosystem. Conversely, government-controlled IP offices often face tight budgets and slow decision-making, limiting their effectiveness.
If The Gambia’s IP office were granted semi-autonomous status, it would gain similar freedoms to operate independently, generate and manage its budget, and implement technology-driven modernization. This would accelerate IP registration, increase public awareness, and cultivate an environment where innovation and creativity can thrive which is critical for The Gambia’s technological and economic advancement.
One thing is clear: semi-autonomous IP offices demonstrate measurable improvements in registration volumes, processing times, and service quality. This evidently illustrates how autonomy translates into stronger national innovation systems which is an opportunity The Gambia should not miss.
In conclusion, we urge the National Assembly to reconsider its decision to revoke the semi-autonomous status from the Gambia Intellectual Property Office. As Albert Einstein aptly noted, “Insanity is doing the same thing over and over again and expecting different results.” Genuine progress in IP rights can only be achieved by empowering our institutions. Granting semi-autonomy will provide the office with operational freedom, financial independence, and the ability to conduct crucial activities that nurture innovation and creativity in The Gambia.
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