Gambia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Gambia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Gambia does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Trade secrets and know-how are protected by Section 36 under the unfair competition provisions of the Industrial Property Act 2007.

It is reported that there is no obligation for passive infrastructure sharing in Gambia to deliver telecom services to end users. However, it is practised both in the mobile and fixed sectors based on commercial agreements.

There is a wholly State-owned company called GAMTEL, which has a monopoly on the internet gateway, even though it has granted other service providers permission to operate international data links. This may act as a restriction to digital trade. The Public Utilities Regulatory Authority (ICT Regulator) monitors for anti-competitive practices in the telecommunications market to ensure there is competition in the market.

It is reported that Gambia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

According to Art. 33 of the Public Procurement Act 2022, the Procuring organization may grant a margin of preference for the benefit of tender for goods, services and works by domestic economic operators of tenders for goods, services and works by domestic economic operators or any other preference authorised in the Regulations or any other enactment such as for marginalised groups, particularly the youth, women, and physically challenged.
Additionally, Art. 31 of The Gambia Public Procurement Authority Regulations 2019 (GPPAR 2019), which remains in effect until the publication of the new Public Procurement Act 2022 Regulation, establishes that a margin of preference will be applied during the cost comparison of submitted bids and the evaluation of tenders. Specifically, procuring organisations are required to grant a margin of preference of up to 7.5% to local firms or partnerships between local and foreign firms when awarding contracts for works, consultancy, or non-consultancy services based on international bidding or selection, as well as national competitive bidding or selection in which foreign firms are participating.
For consultancy assignments conducted by foreign firms, procuring organisations must ensure the inclusion of local experts and firms by assigning appropriate weights in the evaluation criteria to encourage partnerships between foreign and local entities. Specifically, a maximum weight of 7.5% will be allocated in the request for proposals for the participation of local firms, with full scores awarded to those demonstrating up to 80% inclusion of local firms. Similarly, for the participation of national experts, a maximum weight of 7.5% will be included, with full scores granted to firms employing over 80% Gambian staff.

Gambia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

According to Art. 31 of the Gambia Investment and Export Promotion Agency Act, there are no restrictions on the total equity share of foreign firms in The Gambia unless it is a strategic industry, which is mining and petroleum exploration only. Foreign firms are allowed total or partial equity shares in the Gambia in sectors relevant to the digital economy.

The Gambia Investment and Export Promotion Agency Act 2015 (GEIPA Act 2015) promotes mutually beneficial foreign investments and permits foreign investors to engage in all lawful economic activities in The Gambia, except activities that are prejudicial to national security, detrimental to the natural environment, public health, or public morality, or which contravene the laws of The Gambia. There is generally no mandatory screening for foreign direct investments. However, for national security purposes, screening may be required if there is suspicion of money laundering or terrorism financing. Screening for such purposes is done by asking for business registration documents and bank statements and verifying requested documents.
Moreover, according to the Environmental Impact Assessment Regulations 2014, it is also required to conduct an Environmental Impact Assessment (EIA) for foreign investments that impact the environment, such as the installation of electrical or ICT lines. For EIA, an application for environmental approval is made, and a screening form is presented to the applicant, which is to be completed and returned to the Environmental Agency for screening. If the agency is satisfied with the requirements for environmental impact, a screening report and an environmental approval are issued. These general restrictions have not been reported to restrict foreign investments.

According to Section 38 of the Industrial Property Act, it is mandatory for an applicant whose ordinary residence or principal place of business is outside The Gambia to be represented by a legal practitioner resident and practising in The Gambia.

Gambia is a party to the Patent Cooperation Treaty (PCT).

Gambia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).