WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
CmH1.cil for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lIGHAlU/l 
27 February 2002 
(02-0985) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
GHANA 
The present document reproduces the text! of the Protection Against Unfair Competition Act, 
2000, as notified by Ghana under Article 63.2 of the Agreement (see document IPINllIGHAll). 
Conseil des aspects des droits de propriete 
intellectueUe qui toucheut au commerce 
PRINCIPALES LOIS ET REGI~EMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
GHANA 
Le present document contient le texte 1 de la Loi de 2000 sur la protection contre la 
concurrence deloyale, notifiee par le Ghana au titre de l'article 63:2 de l'Accord (voir le document 
IPINIlIGHAI1 ). 
Consejo de los Aspectos de 108 Derechos de Propiedad 
Inteiectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
GHANA 
En el presente documento se reproduce el texto1 de la Ley de Proteccion contra la 
Competencia Desleal de 2000, notificado por Ghana de conformidad con 10 dispuesto en el parrafo 2 
del articulo 63 del Acuerdo (vease el documento IPINIlIGHAll). 
I In English only.!El1 al1g1ais seulement.lEn ingles solamente. IPINllIGHA/U/l 
Page 2 
Section Protection Against Unfair Competition Act 589 
Act, 2000 
ARRANGEMENT OF SECTIONS 
1. Causing confusion vv1.th respect to another's enterprise or its activities 
2. Damaging another person> s goodwill or reputation 
3. Misleading the public 
4. Discrediting another person's enterprise or its activities 
5. Unfair competition in respect of secret infonnation 
6. Unfair competition in respect of national and international obligations 
7. General principles 
8. Civil remedies 
9. Regulations 
10. Interpretation Act 589 
ACT 
OF THE PARLIAMENT OF TIlE REPUBLIC 
OF GHANA 
EN1Ul...ED fPfNll/GHA/Ufl 
Page 3 
PROT~criON AGAiNST UNFAIR COMPETITION ACT, 2000 
AN ACT to provide protection against unfair competition and related matters. 
DATE OF ASSENT: 19th Deeember. 2000 
BE iT ENACTED by Parliament as fonows 
C3lusing ~onrusioo with resped to $m~ther'i enterprise or its ~d~vities 
t. (1) Any act or practice. in the course of industrial or commercial activi­
ties, that causes, or is likely to cause, confusion with respect to another per­
son's enterprise or its activities, in particular, the products or services offered 
by that enterprise, constitutes an act of unfair competidon. 
(2) Confusion may. in particular, be caused vvith respect to 
(a) a trademark, whether registered or not; 
(bY a trade name; 
(e) a business identifier other than El trademark or trade name; 
(d) the presentation of a product or service; or 
(e) a celebrity or wen-known fictional character. 
D3lm3lgi.!lg another person's goodwill @r reput3ltioo 
1. (1) Any act or practice in the course ofindusmal or commercial activi­
ties. that damages or is likely to damage the goodwill m: reputation of another 
person's enterprise or its activities consdtutes an a.ct of unfair competition, 
whether or not the act or pmctice causes confusion. 
(2) Damaging another person's goodwill or reputation may, particu-
lar. result from the dilution of the goodwill or reputation attached to 
(a) a trademark, whether registered or not; 
(b) a trade name; 
(e) . a business identifier other than a trademark or a trade name; 
(d) the appearance of a product; 
(e) the presentation of a product or service; or 
(f). a celebrity or a well-known fictional character. 
Misleading the public 
3. (1) Any act or practice in the course of industrial or commercial 
activities, that misleads or is likely to mislead the public, vvith respect to an 
enterprise or its activities, in particular, the products or services offered by 
that enterprise, constirutesan act of unfair competition. IP/N/l/GHA/u/l 
Page 4 
(2) Misleading may arise out of advertising or promotion and may, in 
particular, occur with respect to 
(a) the manufacturing process of a product; 
(b) the suitability of a product or service for a particular purpose; 
(e) the quality or quantity or other characteristics of a product or 
service; . 
(d) the geographical origin of a product or service; 
(e) the conditions on which a product or service is offered or 
provided; or 
(j) the price of a product or service or the manner in which the 
price is calculated. 
Discrediting another person's enterprise or its activities 
4. (1) Any false or unjustifiable allegation in the course of industrial or 
commercial activities that-discredits or is likely to discredit another person's 
enterprise or its activities, in particular, the products or services offered by 
that enterprise, constitutes an act of unfair competition. 
(2) Discrediting may arise out of advertising or promotion and may, in 
particular, occur with respect to 
(a) the manufacturing process or a product; 
(b) the suitability of a product or service for a particular purpose; 
(e) the quality or quantity or other characteristics of a product or 
service; 
(d) the conditions on which a product or service is offered or 
provided; or 
(e) the pri~e of la pmdUGt or servi~e or the mamner in which the 
price is calculated. 
Unfair<competition in respect of secret infQrmation 
(1) Any act or practice in the course of industrial or commercial 
activities, that results in the disclosure, acquisition or use by another person 
of secret information without the consent of the rightful owner of that infor­
mation and in a manner contrary·to honest commercial practices constitutes 
an act of unfair competition. 
(2) Disclosure. acquisition or use of secret information by another per-
son without the consent of the rightful owner may. in particular, result from 
(a) industrial or commercial espionage; 
if (b) breach of contract; 
(e) breach of confidence; 
(d) inducement to commit any of the acts referred to in paragraphs 
(a) to (e); 
(e) acquisition of secret information by a third party who knew or 
was grossly negligent in failing to know, that an act referred to 
in paragraphs (a) to (d) was involved in the acquisition. 
(3) For the purposes of this section, infonnation is "secret infonnation" 
(a) it is not, as a body or in the precise configuration and assembly 
of its components, generally known among or readily accessi­
ble to persons within the circles that nonnally deal with the kind 
of information in question; 
(b) it has commercial value because it is secret; and 
(c) it has been subject to reasonable steps under the circumstances 
by the rightful owner to keep it secret. IP/N/l/GHA/U/l 
Page 5 
(4) .A.nyact or practice, in the course of industrial or commercial activi­
ties, shaH be considered an act of unfair competition if it consists or results in 
(a) an unfair commercial use of secret test or other data, the origin 
of which involves considerable effort and which have bee~ sub­
mitted to a competent authority for the purposes of obt~ning 
approval of the marketing of pharmaceutical or agricultural 
chemical products which utilise new chemical entities; or 
(b) the disclosure of such data, except where 
(i) it is necessary for the protection of the public; and 
(ii) steps are taken to ensure that the data are protected 
against unfair corpmercial use. 
Unfair competition in respect of national and international obligations 
6. (1) Any act or practice in the course ofindustry or commercial activity 
that results in the breach of Ghanaian law or international or regional obliga­
tion to which a person engaged in business or commercial activity in Ghana is 
subject and in a manner contrary to honest business practices constitutes an 
act of unfair competition. 
(2) Breach ofintemational or regional obligations may in particular result 
from 
(a) breach of protocols agreements or other obligations entered into 
under the World Trade Organiz..ation, 
(b) breach of protocols agreements or other obligations entered into 
pusuant to the Treaty establishing the Economic Community of 
West African States (ECOWAS) as revised, 
(e) any act or practice by which a foreign producer of goods or 
services is granted special advantages in the country of 
production, including but not limited to direct subsidies and pref-
erential tax treatment, which results in significant distor-
tion of competitive strength in Ghana compared to Ghana-
ian producers. 
General principles 
7. In addition to the acts and practices referred to in sections 1 to 6 any act 
or practice in the course of industrial or commercial activities that is contrary 
to honest practices constitutes an act of unfair competition. 
Civil remedies 
8. (1) A person who is damaged or considers that he is likely to be 
damaged by an act of unfair competition may bring an action for 
(a) an order of injunction to prevent the act or further acts of unfair 
competition; 
(b) a provisional order to prevent untawful acts or to preserve 
relevant evidence; 
(e) the award of damages as compensation; and 
(d) any other remedy as the court may consider fit to order. 
(2). Subsection (1) does not preclude an action being brought under any 
other enactment for the enforcement ofaperson's intellectual property rights. 
Regulations 
9. The Minister may by legislative instrument make Regulations for the 
effective implementation of this Act. IPINI1IGHAIU!1 
Page 6 
Interpretation 
10. In this Act unless the context otherwise requires 
"appearance of a product" includes the packaging, shape, colour or 
other non-functional characteristic features of the product; 
"business identifier" includes business symbols, emblems, logos 
and slogans used by an enterprise to convey in the course of 
industrial or commercial activities, a certain identity with 
respect to the enterprise and the product produced or the service: 
rendered bv that enterprise: 
«dilution of goodwill or reputation" means the lessening of the dis­
tinctive character or advertising value of a trademark, trade name 
or other business identifier. the appearance of a product or the 
presentation of a product or service or of a celebrity or well­
known fictional character; 
t~enterprise" includes natural and legal persons; 
"industrial or commercial activities" includes the activities of an 
enterprise providing a product or service and also the activities 
of professionals in private practice and any other such person 
whether or not the activities are for profit; 
"Minister" means the Minister responsible for Justice; 
"practice" includes an omission to act; 
t'presentation of products or services" includes advertising; 
"rightful owner" means a person lawfully in control ofthe informa-
tion; 
"trade mark" includes marks relating to goods, marks relating to 
services and marks relating to both goods and services. 