72
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
PART 12
GENERAL
Appeals
130.
(1)
The Tribunal has jurisdiction in all cases of dispute relating to
the matters provided for in this Chapter, and in all matters which under this Chapter may
be referred to the Tribunal.
(2)
Any decision taken by the Registrar under this Chapter, including in
regard to the registration of a design, or in regard to the rejection of an application for
such registration, may be the subject of an appeal to the Tribunal by an interested party
in the matter before the Registrar, and such appeal must be filed and prosecuted as
prescribed.
(3)
Any change or amendment or correction of any document forming part
of an application for a design registration applied for or of a design registration granted
under this Chapter, or any change or amendment or correction of, or any provision or
condition in, any document forming part of an application for a licence or the grant of a
licence under this Chapter may, on application by an interested party to the Tribunal, be
set aside by the Tribunal if such change or amendment or correction, or such provision
or condition, does not comply with the provisions of this Act.
CHAPTER 4
TRADE MARKS, COLLECTIVE AND CERTIFICATION MARKS,
AND TRADE NAMES
PART 1
INTRODUCTORY PROVISIONS
Definitions
131.
For the purpose of this Chapter –
“Banjul Protocol” means the Protocol on Marks within the Framework of ARIPO
adopted in Banjul, between 15-19 November 1993, and the Regulations issued
thereunder, as amended from time to time;
“certification trade mark” means a mark capable of distinguishing, in the course of trade,
goods or services certified by any person in respect of kind, quality, quantity, intended
purpose, value, geographical origin or other characteristics of the goods or services, or
the mode or time of production of the goods or of rendering of the services, as the case
may be, from goods or services not so certified;
“collective trade mark” means a mark capable of distinguishing, in the course of trade,
goods or services of persons who are members of an association from goods or services
of persons who are not members thereof;
“mark” means any sign capable of being represented visually, including a device, name,
signature, word, letter, numeral, figurative element, shape, colour or container for
goods, or any combination of such signs;