 WORLD TRADE  
ORGANIZATION  IP/Q/GHA/1 
IP/Q2/GHA/1 
IP/Q3/GHA/1 
IP/Q4/GHA/1 
9 February 2004 
 (04-0481) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION
1 
 
 
GHANA 
 
 
 The present document reproduces the introductory statement made by the delegation of Ghana, the questions put to it and the responses give n in connection with the review of legislation 
undertaken at the Council's meeting of 27 to 28 November 2001.
2 
 
 
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
It will be recalled that at the last June review  meeting the Ghana delegation indicated that for 
a number of reasons Ghana's TRIPS-implementing legislation had not yet been passed and that it was expected to be passed by the current review meeti ng.  Unfortunately, the passage of the legislation has 
been delayed even though it is at the top of Par liament's legislative agenda.  The delay could be 
attributed to several factors.  Principal among them  are the complexity of some of the components of 
the legislation;  the assumption of office by a new government which subjected all the proposed bills 
to thorough review;  and the pressure of legislativ e work.  Legislative work for the adoption of the 
new TRIPS-compliant intellectual property legislation is, therefore, expected to be completed by the 
end of the next meeting of Parliament , which is scheduled for March 2002. 
 
The new legislation has been specifically tailore d, with the technical assistance of the WIPO 
and WTO, to meet the requirements of the TRIPS Ag reement.  It seeks to amend existing laws, which 
are not TRIPS-compliant and introduce new TRIPS- compliant laws where none exists.  It will, 
therefore, cover all the areas requiring protection of intellectual property rights under the TRIPS 
Agreement namely, patents; trade marks; industr ial designs; geographical indications; layout-designs 
(topographies) of integrated circuits; and protection of plant varieties.  The legislation will offer 
increased protection of rights and enhance penalties for infringements. 
 
 Meanwhile, however, we have considered it necessary to notify the existing intellectual 
property protection legislation, which, though not  fully compliant with the TRIPS Agreement and 
does not cover all areas, is nevertheless effective in  protecting intellectual property rights in Ghana.  
The notification also provides outlines of the bills wh ich comprise the proposed legislation.  We have 
additionally provided responses to the "Checklist of Issues on Enforcement" based on the existing 
                                                     
 
1 As regards laws and regulations notified by Ghana u nder Article 63.2 of the Agreement, reference is 
made to documents IP/N/1/GHA/1, IP/N/1/GHA/C/1, IP/N/1/GHA/D/1, IP /N/1/GHA/P/1, IP/N/1/GHA/T/1 and 
IP/N/1/GHA/U/1. 
2 The minutes of this meeting were circulated as document IP/C/M/34. IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 2 
 
 legislation and procedures and remedies available un der Ghana's legal system.  We shall be reviewing 
our responses to all questions submitted,  when the new legislation is passed. 
 
Ghana has a legal system which is heavily in fluenced by the Anglo-American common law 
model.  It is through this pluralistic system that all rights are enforced.  Under Ghana's existing 
intellectual property laws, therefore, intellectual property rights are considered private rights and 
consequently the onus of enforcing those rights lies primarily with the right holder.  
Ghana's existing main dedicated Intellectual Pr operty Laws and Regula tions which we have 
notified, though belatedly, are the following: 
 
(a) The Patent Law, 1992 (PNDC 30SA); 
 (b) Trade Marks Act, 1965 (Act 270); 
 
(c) The United Kingdom Designs (Protection) Ordinance of 1928 (Chapter 182) 
 and the Textile Design (Registration) Decree of 1973 (NR CD 213);  (d) Protection Against Unfair Competition Act, 2000 (Act 589); and 
 
(e) The Copyright Law, 1985 (PNDCL 110). 
 These Laws may be summarized as follows: 
 
The Patent Law, 1992 (PNDCL 30SA)
 
 
This Law provides for original registration of  patents upon satisfaction of the criteria of 
absolute novelty, inventive step, and industrial applic ation.  Ghana has joined the Patent Co-operation 
Treaty (PCT) and the Law makes provision for international applications. 
 
The Trade Marks Act, 1965 (Act 270)  
 
This Law entered into force after the passage of the implementing regulations in 1970.  It 
provides for the registration of original marks which are able to distinguish goods of applicants.  It, among others, enables marks to be registered in Parts A and B of the Register depending on their 
distinctiveness. 
 
The United Kingdom Designs (Protection) Ordinan ce of 1928 (Chapter 182) and the Textile Design 
(Registration) Decree of 1973 (NR CD 213)  
 
Presently Ghana has no original legislation for the protection of industrial designs in general.  
Its legislation is still based on English law and provi des automatic protection of all designs registered 
in the United Kingdom. 
 
The nationally independent legislation protect s only textile designs and provides for the 
registration of both local and international textile  designs.  The composite TRIPS-compliant bill, 
awaiting passage, however, rectifies the shortcomings of this law. 
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 3 
 
 Protection Against Unfair Competition Act, 2000 (Act 589)
 
 
This Act was passed in order to provide for pr otection against unfair competition, arising from 
confusion caused, in particular, in respect to a trade mark (whether registered or not);  a trade name;  
and the presentation of a product or service. 
 
The Act also covers commercial or industrial  activities that damage another person's goodwill 
or reputation; misleads the public; discredits anothe r person's enterprise or activities; and disclosure, 
acquisition or use of secret information by another pe rson without the consent of the rightful owner.  
Thus the law provides protection of undisclosed info rmation consistent with Article 39 of the TRIPS 
Agreement. 
 
The Copyright Law, 1985 (PNDCL 110)  
 
This Law gives protection to authors in respect  of the list of protected works under section 2 
of the law for a period of the life of the author and 50 years after his death.  
The Law also provides for the protection of sound recordings and folklore and the 
establishment of a system of collective administration of authors rights.  
The Law establishes a Copyright office and prov ides criminal sanctions for the infringement 
of Copyright.  
The new Bill, among others, seeks to increase th e term of protection to 70 years after the 
death of the author and enhance fines and penalties for infringements. 
 
As I have already indicated, the existing le gislation does not fully comply with the 
requirements of the TRIPS Agreement.  The objective of the new legislation is, therefore, to be fully 
compatible with the TRIPS Agreement in all areas of protection.  
The Bill on Patents
, seeks among others, to amend section 62  of the Patent Law to incorporate 
fully the requirements of Article 34 of the TRIPS Ag reement with regard to the reversal of the burden 
of proof in cases of infringement of process patents.  
It also seeks to change the existing term of pr otection of patents from 10 to 20 years; delete 
the requirement that a patent should be worked in  the country within a 10-year period;  amend the 
existing provisions on compulsory licensing in the light of the obligation under TRIPS Articles 27.1 
and 31; and provide penalties for persons who knowingly infringe patent rights. 
 
As regards the new Trade Marks Bill
 it, among others, provides for protection against the use 
of identical or similar signs for goods or services that  are identical or similar to those in respect of 
which the sign is registered; protection for we ll-known marks in compliance with Articles 16.2 and 
16.3 of the TRIPS Agreement a 10-year period of prot ection;  and for the removal of a mark after an 
interrupted period of at least 3 years of non-use.  
The Bill also provides protection for service marks and establishes criminal sanctions for 
infringement. 
 
Concerning the Industrial Designs Bill
, its coverage includes the protection of the aesthetic 
appearance of a product and designs not dictated essen tially by technical or functional considerations; 
the application of the first-to-file system; the concep t of absolute novelty; right of priority under the 
Paris Convention; as well as the prevention of third parties not having the owner's consent from IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 4 
 
 making, selling or importing articles or products with copied designs.  Furthermore, the Bill provides 
a 5-year term of protection with an option to renew for two further consecutive 5-year terms. 
 
The new Bill on Geographical Indications
 seeks to provide a system of Geographical 
Indications protection which complies with Articles 22-24 of the TRIPS Agreement.  It establishes a 
registration system for geographical indications for those producers carrying on activities within a specified geographical area of Ghana.  The Bill incl udes an effective regime of both civil and criminal 
sanctions to prevent the unlawful use of a geographical indication.  
Regarding Layout-Designs (Topogra phies) of Integrated Circuits
, the Bill provide protection 
in compliance with Article 35 of the TRIPS Agreement.   It protects only original layout designs which 
are the result of the creator's own intellectua l efforts and not known amongst creators and 
manufacturers of Integrated Circuits at the time of their creation.  It establishes a 10-year period of 
protection and makes it an offence for persons  who knowingly perform any unlawful acts. 
 
 In the case of the protection of Plant Varieties , the Bill seeks to protect only varieties which 
are new, distinct, uniform and stable, for 20 and 25 years in cases of trees and wines respectively, give 
the right of registration to breeders and make unlaw ful the exploitation of the propagating material of 
the plant variety by third parties without the authori sation of the holder of the breeder's right.  There 
will be exceptions for private and experimental purposes. There will also be provision for civil 
remedies and criminal sanctions for wilful infringements. 
 
The new Copyright Bill , among others, revises the existing legi slation in conformity with the 
requirements of the TRIPS Agreement. It broade ns the definition of folklore and establishes a 
National Folklore Board.  It also provides for a term  of protection equal to the life of the author plus 
70 years after his death. 
 
The Bill strengthens the existing provisions on the authentication of copyright works and 
imposes levy for audio-visual works and other equi pment used for copying protected materials.  
Furthermore, it increases protection for collective management of rights and enhances fines and 
penalties for infringement of rights. 
 
It could be seen from the foregoing that Ghan a's new TRIPS-implementing Bills, drafted to 
meet the specific requirements of the TRIPS Agre ement, would offer effective protection, even 
TRIPS-plus protection in some areas, for intellectual property rights.  
It is our hope, therefore, that Members will b ear with us for the delay in its enactment and 
notification which has occurred in spite of our best e fforts.  This is an example of the implementation 
problems that some of us have been repeatedly complaining of. 
  
II. RESPONSE TO A QUESTION POSED BY AUSTRALIA 
P
ATENTS (INCLUDING PLANT VARIETY PROTECTION ) 
How does your country provide protection for new plant varieties as required under 
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it modelled?  Can new plant varieties be protected by patent in your country? 
 Plant varieties in Ghana are to be protected by a sui generis  system.  In this regard a draft 
protection of Plant Varieties Act is to be laid be fore Parliament soon. The draft Plant Varieties Act 
was modelled on the 1978 UPOV Act.  A new plan t variety cannot be protected by patent.  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 5 
 
 
III. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement and throughout) have been implemented. 
 Draft legislation on various aspects of Intellect ual property have been prepared and are soon 
to be laid before Parliament. The provisions in th e draft legislation fully comply with the obligation 
under the TRIPS Agreement including the enfo rcement obligations under Articles 41-61. 
 
2. What protection does your Copyright legislation afford to "foreign works"? 
 Ghana is presently a Member of the Berne Convention, the Universal Copyright Convention, 
(UCC) and the TRIPS Agreement.  Ghana has reci procal obligations under the foregoing Convention 
to protect works of Ghanaian c itizens in a like manner as protection is extended to works of citizens 
of the member countries to those conventions.  This obligation is explicitly provided for under section 2(2)(iii)
 of the Copyright Law, Provisional Nationa l Defence Council ("PNDC") Law 110 of 
1985. 
 
 
IV. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G ENERAL PROVISIONS  
1. Please describe if your legislation includes measures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
 Yes, Ghana's legislation contain measures nece ssary to protect public interest in sectors of 
vital importance to the technological development of  the country as stated in Article 8 of the TRIPS 
Agreement.   Specifically, the existing Patent Law PNDC La w 305A and the draft legislation on Patent and 
Layout-Design (Topographies) of Integrated Ci rcuits contains the following provisions: 
 
• Section 54 of the Patent Law PNDC Law 305, allows the government, in the public 
interest, to exploit a patented Invention or  the Sector Minister may designate a third 
person to do so without the agreement of the owner of the patent to whom an adequate 
remuneration would be paid. 
 
• Section 54 is however not consistent with Article 31 of the TRIPS Agreement which 
requires certain obligations to be fulfilled fo r the use of the subject matter of a patent 
without the authorisation of the right holder. 
 
• Section 13 of the draft law on Patents howev er contains measures necessary to protect 
public health and nutrition and also promote the public interest in sectors of vital 
importance to the country's socio-economic and technology development as stated in 
Article 8 of the TRIPS Agreement. 
 IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 6 
 
 
• The measures as stated in Section 13 of the draft Law on Patents are consistent with 
Article 31 of the TRIPS Agreement which requi res certain obligations to be fulfilled for 
the use of the subject matter of Patent without the authorisation of the right holder. 
 
• Article 31 also requires the authorisation of the use of the patented invention without the 
consent of the right owner to be subjected to judicial review. 
 
• Section 13(9) of the draft patent law allows a person aggrieved by the Minister's decision 
to appeal to the courts. 
 
• Section 16 of the draft law on Layout-Designs (T opographies) of Integrated Circuits also 
contain provisions on exploitation by a governme nt agency or third person in the public 
interest, in particular, national security, nutritio n health or the development of other vital 
sectors of the national economy. 
  The provisions of Section 16 of the draft law on Layout-Designs (Topographies) of Integrated Circuits are in full compliance with Article 31 of the TRIPS Agreement.  
B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation provides fo r the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971). 
Existing Law  
  The current legislation provides for the exclusiv e rights of authors in relation to their literary 
and artistic works in accordance with Article 9 of the TRIPS Agreement and Articles 1-21 of the 
Berne Convention.   
Draft Law 
 
 
 The draft Copyright Bill goes further and provid es rental right for works that are to be 
accorded copyright protection such as sound recordin gs, audiovisual, literary works to mention a few. 
 3. Please describe the protection accorded to  authors of computer programs, databases or 
compilations of data.  
Existing Law
 
  The current Copyright Law PNDC Law 110, 1985 does not specifically mention computer programmes. However, since computer programm es are regarded as litera ry works, copyright 
protection is afforded to computer programmes.  However databases and compilations of data are 
protected if the compilations are original in charact er and they involve some form of creativity.  The 
law protects directories, anthologies, etc.  Th e present law does not provide for rental rights. 
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 7 
 
 Draft Law
 
  The draft law expressly includes computer programs as literary works whatever may be the mode or form of expression.  The law also protec ts databases or compilations  of data or any other 
material which by reason of the selection or arrange ment of contents constitute intellectual creations. 
 
4. Please state whether your legislation provides for a rental right and, if so, the works to 
which it applies. 
Existing Law
 
 
 PNDC Law 110 did not expressly provide for a rental right, but provided for a general 
exclusive right. 
 
Draft Law  
 
The draft law provides that the author of an y protected copyright work has the exclusive 
economic right to authorize the commercial rental to the public of originals or copies of works.  
5. Please describe the rights granted to performers, producers of phonograms (sound 
recordings) and broadcasting organizations under your legislation. 
Existing Law  
 
Producers of sound recordings were granted the exclusive economic and moral rights in 
accordance with the Berne Convention. 
Draft Law   
Performers and Broadcasting Organizations ar e granted the following rights under the new 
Copyright Act in compliance with the TRIPS Agre ement.  The exclusive right to authorize or 
prohibit:  
• The rebroadcasting, rental and distribution of  fixation of a performance, or a broadcast.  
• The fixation of the performance or the broadcast.  
• The reproduction of a fixation of its broadcast or the performance.  
• The communication to the public of the pe rformance if the recordings have been 
published but equitable remuneration sha ll be paid to the performer or the 
communication to the public of the broadcaster.  
6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
Draft Law  
 
The Bill provides for an equitable remuneration to  be paid to the right holder where the work 
is already published and it has previously b een fixed with the consent of the performer.  IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 8 
 
 
7. Please state the terms of protection of each right described above and the work or 
subject matter to which it applies. 
Existing Law
 
 
(a) Sound recordings, cinematographic works a nd broadcast protected until the expiration 
of 50 years from the date of making of the work or 50 years from the work being made available to the public. 
 (b) Authors' rights are protected under the present law for the life of the authors and fifty 
years after his death. 
 (c) Performance rights are protected. 
 (d) Photographic works are protected until the expiration of 50 years from the date of the 
making of the recording. 
 (e) The rights vested in the Republic of Ghana in  respect of folklore exist in perpetuity. 
 (f) The rights of a performer in respect of th e performance are protected for a period of 
fifty years in the present law from the end of the calendar year in which the 
performance took place. 
 Draft Law
 
 
The new bill the increases the duration of protec tion of all the above rights to seventy years.  
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement. 
 The new Copyright Act took into considera tion Article 18 of the Berne Convention and 
Articles 9 and 14.6 of the TRIPS Agreement.  
C. T
RADEMARKS  
9. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable. 
Existing Law  
 
 A sign is not defined in the Trade Marks Act 1965, Act 270. However, a mark is defined as 
follows: "mark" includes a device, brand, heading,  label, ticket, name, signatures, word, letter, 
numeral or any combination thereof.   Under the Trade Marks Act, a mark must be re gistered in order to be protectable without 
prejudice to the common law remedy of passing off. 
 
 Sections 9 and 10 of the Act set out the conditions for the registration of a mark. 
  Under Section 9, a trademark is registerable if it contains or consists of at least one of the 
following particulars:  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 9 
 
 
(a) The name of a company, individual or firm, represented in a, special or particular 
manner; 
 (b) the signature of the applicant for regist ration or some predecessor in his business; 
 
(c) an invented word or invented words; 
 (d) a word or words having no direct reference to the character or quality of the goods and 
not being according to its ordinary signifi cation a geographical name or a surname; 
 
(e) any other distinctive mark. 
  The provisions of Section 10 of the Trade Ma rks Act provide for an alternative form of 
registration based on the trademarks "capability of distinguishing" as compared to "inherently adapted 
to distinguish" as stated under section 9. 
 Draft Law
 
  There is no definition of a sign in the draft law on Trade Mark.  However, a mark has been defined as any sign or combination of signs capable  of distinguishing the goods or services of one 
undertaking from the goods or services of other unde rtaking including words such as personal names, 
letters, numerals and figurative element.  Unde r the draft law on trademarks a trademark is 
registerable if:  
(a) It is capable of distinguishing the applicant's goods or services from those of others; 
 
(b) it is not contrary to public order or morality; 
 (c) it does not mislead consumers or trade circles as regards source or other characteristics 
of the goods or services concerned; 
 
(d) it is not a mark of a state or intergovernm ental international organization except with 
authorisations; 
 (e) it is not a well-known mark belonging to another person. 
 
10. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable. 
Existing Law
 
  Under the Trade Marks Act, 1965 Act 270, service marks are not currently protectable.  Trade 
Names are also currently not protectable under th e Trade Marks Act.  Elements such as sound, 
perfumes and containers are also not protectable under the Trade Marks Act.   Draft Law 
 
 
 Signs such as trade names are protected under the draft law.  Service marks will be 
protectable under the draft law on Tr ademarks.  Elements such as s ound, perfumes and containers are 
not protected under the draft law on trademarks. 
 IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 10 
 
 
11. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect. 
Existing Law
 
 
 Use is not a requirement for registration of a trademark under the Trade Marks Act. Section 17(1) of the Trade Marks Act 1965 provides th at any person claiming to be the proprietor of a 
trademark used or proposed to be used by him ma y make an application for registration of a mark. 
However the Registrar may take into consideration,  according to Section 9(3) and 10(2) of the Trade 
Marks Act, 1965 use of a mark in arri ving at a decision on distinctiveness. 
  There is no definition of "use" in the Trade Marks Act.  However, the following provisions 
are applicable under the Act:  
• Under Section 20(1) of the Trade Marks Act, a trademark can be renewed indefinitely by 
payment of the fee for renewal. 
 
• However in accordance with Section 26(1)(a) a trademark can be taken off the register by 
the court or the Registrar upon an applicati on by, an aggrieved person on the ground that 
the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him and that there has in fact been no bona fide use of the trade mark in relation to those goods by the 
proprietor up to the date one month be fore the date of the application. 
 
• Section 26(1)(b) also empowers the court or the Registrar upon an application to take off 
from the register a trade mark for non-use for a continuous period of five years. 
 
Draft Law
 
 
 There are no requirements for use as a condition for the registration of a mark in the draft law on Trade Marks.     There is no definition of use in the draft law.   However, an interested person may apply for 
the removal of trademark from the register in resp ect of any goods for which it is registered on the 
ground that up to one month prior to the filing of the application it had not been used for a continuous period of five years. 
 
12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable. 
Existing Law
 
  Section 20(1) of the Trade Marks Act permits  a trademark to be renewed indefinitely. 
 Draft Law
 
 
A trademark can be renewed indefinite ly under the draft law on trademarks.  
13. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark. 
 There are no special requirements.  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 11 
 
 D. G
EOGRAPHICAL INDICATIONS  
14. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication. 
Existing Law  
 
 The main criterion for the registration of  a mark under the Trade Marks Act is its 
distinctiveness.  Section 9(1)(d) of the Trade Ma rks Act excludes from registration a word or words 
which in its ordinary signification of geographical name.  
The Registry practice to date has been to refuse a trademark registration if it contains a 
geographical indication.  If a word is recognised as a geographical indication, it will be refused unless 
the use is obviously fanciful.  
Draft Law 
 
The draft Trade Marks Act also contains provision prohibiting the registration of a mark if it 
is likely to mislead the public as regards the geogra phical origin of the goods or their nature or 
characteristics.  
15. Please give the definition of a geographical indication in your legislation. 
The draft Geographical Indications Act defin es a geographical indication as "an indication 
which identifies a good as originating in the territory of  a country or region or locality in that territory, 
where a given quality, reputation or other character istic of the goods is essentially attributable to 
geographical origin".  This definition of geogra phical indication complies with Article 22.1 of the 
TRIPS Agreement.  
16. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin. 
 The draft Geographical Indications Act estab lishes the principal that the protection is 
available irrespective of registration in Ghana.  Ther e are also provisions in the draft law which raise 
the presumption that the indication is a geographical indication with respect to the meaning of geographical indication as stated in the draft law.  The draft law also contains provisions setting out 
conditions under which the geogra phical indication may be used: 
 
• That the use should be by a producer carrying on activity in the geographical area 
specified in the Register; 
 
• that the indication may be used with respect  to products specified in the Register; 
 
• thirdly, provided that those products possess the quality, reputation or other characteristic 
specified in the Register. IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 12 
 
 
17. Please describe how additional protection is granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 
 The draft Geographical Indications Act explicitl y allows civil proceedi ngs to be instituted 
identifying wines and spirits not originating in th e place indicated by the geographical indication in 
line with Article 23.3 of the TRIPS Agreement.  
18. Please explain how exceptions under Articl e 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of 
names considered as generic in your jurisdiction. 
The exceptions under Article 24 of the TRIPS Agre ement have never been used in Ghana.  
No suit on the use of exceptions and no  list of generic names exist in Ghana.  
E. I
NDUSTRIAL DESIGNS  
19. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected. 
Existing Law  
  The Textile Designs Registration Decree 1973,  NRCD 213 provides a specific registration 
system to protect textiles.  The Textile Designs (R egistration) Decree give the copyright in a textile 
design to the registered proprietor;  renewable for a period of five years in the first instance and for 
two further five years periods.  Draft Law
 
 
 The draft Industrial Design Act excludes designs essentially dictated by technical or 
functional considerations from protection.  This is in accordance with Article 25 of the TRIPS Agreement.   Textile Designs will be protected under the draf t Industrial Designs Act.  Under the draft law 
any three dimensional form or any material, whethe r or not associated with lines or colours, is an 
industrial design where the composition form or mate rial gives a special appearance to a products of 
industry or handicraft and can serve as a patte rn for a product of industry or handicraft. 
 
The draft Industrial Designs Act contain provi sions facilitating the registration of designs 
relating to the same class of the International Classification or to the same set or composition or 
articles, which applies to textile designs and this  complies with Article 25.2 of the TRIPS Agreement.  
20. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design. 
Existing Law
 
Section 19 of the Textile Design (Registration) Decree vests in any registered proprietor the 
right to institute a court action for infringement and for the court to grant in any such proceedings any 
remedy to which the right holder may be entitled.   IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 13 
 
 Draft Law
 
Section 9(1) of draft Industrial Designs Act confers the sole right to the exploitation of a 
registered industrial design which include textile desi gns on the owner of the design.  Section 9(4) of 
the draft law confers the right to institute court proceedings on the proprietors against any person who 
infringes the industrial design.  Therefore, right hol ders of a design can institute court action against 
importers of articles bearing embodied or copied design.  
21. Please state whether or not your legislation provides for the right to issue a compulsory 
licence for industrial designs. 
 No.  There is no such provision. 
 
22. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 Industrial designs are protected for period of five years from the filing date under the draft 
Industrial Designs Act.  The registration can be re newed for two further consecutive periods of five 
years. 
 
F. P ATENTS  
23. Please describe how your legislation defin es the notions of: novelty, inventiveness and 
industrial application. 
Existing Law  
 
• Section 3(1) of the Patent Law PNDC La w 305A deals with the notion of novelty, 
providing that an invention is new if it is not an ticipated by prior art, that is to say if it 
does not form part of the state of the art. 
 
• Section 3(2) of the Patent Law Prior define prior art as every-thing made available to the 
public anywhere in the world by means of wr itten or oral disclosure, use, exhibition or 
other non-written means provided that such di sclosure occurred before the date of filing 
of the application to register the patent.  A di sclosure is not taken into consideration if it 
occurred within six months preceding the date of application and was due to acts performed by the applicant or his predece ssor in title or it was an evident abuse 
committed in relation to the rights of th e applicant or his predecessor in title. 
 
• Section 4(1) of the Patent Law states that an invention shall be considered as involving 
an inventive step if having regard to the pr ior art relevant to the application claiming the 
invention, it would not have been obvious to a person having ordinary skill in the art. 
 
• Section 5 of the Patent Law states that an invention shall be considered industrially 
applicable if it can be made or used in any kind of industry.  
 
Draft Law
 
  Section 3(1) of the draft Patent Act defines novelty as an idea not anticipated by prior art.  The draft Patent Act states under Section 3(5) that  an invention shall be considered as having 
inventive step if with regard to the prior art, re levant to the application claiming the invention, it 
would have been non-obvious to a pe rson having ordinary skill in the art.   "Industrial Application" is IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 14 
 
 defined under section 3(6) of the draft Patent Ac t, it being emphasized that industry is to be 
understood in the broadest sense.  
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
Existing Law
 
  The rights of the owner of a patent have b een spelt out under section 28 of the Patent Law 
PNDC Law 305A.  Limitations of the rights of the owner of a patent are also provided under 
section 30 of the Patent Law:  
(1) The first limitation concerns acts done onl y for experimental purposes, that is, for 
non-commercial purposes. 
 
(2) The second limitation is the exhaustion of patent rights. Under that principal once a 
patent protected article was been lawfully put  on the market, the patent owner's right in 
respect of the products are exhausted.  Th is limitation assures free circulation of goods. 
Article 6 of the TRIPS Agreement does not establish which level of exhaustion 
members shall adopt subject to its provisi ons on national treatment and most-favoured 
nation treatment.  The Patent Law provides for a system of national le vel of exhaustion.  
This means that the rights of the owner of a patent would be exhausted only in respect 
of goods that have been put on the market in the country with his consent. 
 (3) The third limitation is aimed at avoiding a situation in which the exercise of the 
exclusive right might be prejudicial to the public interest in maintaining free movement 
of vessels. 
 (4) The fourth limitation concerns the term of the patent. Under the section, the term which 
is ten years in the first instance, can be exte nded to a two five year term subject to local 
working of the patent. Also in order to mainta in the patent, renewal fees are to be paid 
commencing from the second year. 
 (5) Patent rights are also affected by provisions on compulsory licensing on grounds of 
public policy and on interdependence of patents. 
 
(6) Finally, provisions on state exploitation of  patented invention may also be relevant. 
 
It is important to note that in practical terms,  this section of the law on compulsory licensing 
and state exploitation of patented inventions have never been invoked before in Ghana. 
Draft Law
 
 
 The draft Patent Act also contains similar provisions on exclusions on patent rights.  The 
exclusion can be found in sections 11(4), 12, 13 and 14.   IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 15 
 
 
25. Please explain whether your legislation provides for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, please explain the relevant section of 
your legislation and explain its formulation.  Pl ease also explain if it has been applied in 
practice. 
Existing Law
 
 
The 1992 Patent Law provides for exclusion of inventions on grounds of public order or 
morality.  The relevant provision can be f ound under section 6 of the Patent Law 1992.  
Draft Law  
The draft Patent Act contains provisions un der Section 2(d) excluding inventions, the 
prevention within Ghana of the commercial exploita tion of which is necessary to protect public order 
or morality.  These provisions are intended to comply with Article 27.2 of the TRIPS Agreement. It is 
also relevant to note that these provisions on exclusion of inventi ons on grounds of  public morality 
have not been applied in Ghana before.  
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
Existing Law
 
 
Section l(30)(d) of the Patent Law 1992 excludes diagnostic, therapeutic and surgical methods 
from patentability.  The exclusion does not apply to products for use in any of the methods.  
Draft Law  
The draft Patent Act stipulates under section 2( c) that methods for treatment of the human 
body by surgery or therapy as well as diagnostic met hods practised on the human or animal body are 
excluded from patenting.  These provisions are in  accordance with Article 27(3)(a) of the TRIPS 
Agreement.  
27. Please explain whether or not plants, an imals and essentially biological processes are 
excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation. 
Existing Law
 
 
 Plants, animals and essentially biological processes are excluded from patentability under the 
Patent Law 1992 PNDC Law 305A.  The provisions ex cluding plants animals or essentially biological 
processes from patentability are stated in Section 1(3 )(b).  The provisions have been formulated to 
allow microbiological processes and the products to be patented.  
Draft Law
 
  Section 2(f) of the draft Patent Act contai ns provisions excluding plants, animals and 
essentially biological processes from patentability.  The provisions in the draft Patent Act have been 
formulated to allow the patenting of non-biolog ical and microbiological processes.  This section 
complies with Article 27.3(a) of the TRIPS Agreement.  IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 16 
 
 
28. Please describe how micro-organisms , non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in 
this respect, the relevant sections of your legislation. 
Existing Law
 
 
 Micro-organisms, non-essentially biological processes and micro-biological processes can be protected and are patentable under the Patent Law 1992. The term of the patent is ten years and, 
subject to local working, can be extended for two five -year terms.  The relevant sections of the Patent 
Law are sections 1(3)
 and 31.  To explain further: 
 
• A patent can be granted for micro-organisms, non-essentially biological processes and 
microbiological process under the draft Patent Act. 
 
• Section 2 states matters which are exclude d from patent protection. Thus, micro-
organisms, non-essentially biological process es and micro biological processes can be 
protected. 
 
• The term of protection under the draft Patent  Act is twenty years after the filing date.  
29. Please explain how your legislation prot ects patent right holders against the importing 
and against the offering for sale of a patented invention. 
Existing Law  
 
• Section 28 of the Patent Law PNDC Law 305A, gives the patentee the right to preclude 
any person from importing and for offering for sale of a patented invention. The right 
holder can institute court proceedings agains t any person who imports or offers for sale 
his invention without his consent. 
 
• Section 30(b) of the Patent Law, however limits the right of the owner of the patent to 
articles which have been put on the market by the owner or with his express consent. 
 
Draft Law  
 
• Section 11(2) of the draft Patent Act states that the importing and offering for sale of the 
patented invention can only be done with the consent of the right holder. 
 
• Section 11(3) of the draft law gives the right holder the right to institute court 
proceedings against any pers on who infringes the patent. 
 
• Section 11(4) gives the right to institute proceedings against any person importing and 
offering for sale of the patented invention w ithout the owners agre ement is the owner's 
most important right. 
 
• The rights of the patent owner under the draft patent law however does not extend to the 
acts in respect of articles which have been put  on the market in any country by the owner 
of the patent or with the owner's consent. 
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 17 
 
 
30. Please state if your legislation provides fo r patent product protect ion of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
Existing Law
 
 
 The Patent Law PNDC Law 305A does not exclude protection for pharmaceutical and 
agricultural chemical products.  Section 1(3) of th e Patent Law specifies the list of exclusions for 
patentable inventions.  Draft Law
 
 
The draft Patent Act does not exclude the pr otection of pharmaceutical and agricultural 
chemical products. Section 2 whic h contain matters excluded from patent protection does include 
pharmaceutical and agricultural chemical products. 
31. Please clarify if the patent protection of a process, as provided for in your legislation, 
covers the product obtained directly by that process. 
Existing Law  
  Under Section 28(b) of the Patent Law 1992, when  the patent has been granted in respect of a 
process, the owner of the patent has the right to preclude any person where a process patent has been 
granted from making, importing, offering for sale, selling or stocking for any such purpose a product 
obtained directly by means of the process. 
 Draft Law
 
  Under Section 11(2)(b) of draft Patent Act, making. importing, offering for sale, selling and 
using the product directly obtained by the patented  process amount to exploitation of the patented 
invention and therefore requires the consent of the ow ner of the patent.  Failure to obtain the consent 
of the patent owner constitutes an infringement.   Thus, under section 11(3) of the law the patent 
owner can institute court proceedings agains t the person who infringes the process patent. 
 
32. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant legi slations and describe the additional conditions 
in detail. 
Existing Law
 
 
 The Patent Law, 1992 requires disclosure of the invention in a sufficiently clear and complete manner in the description and also indications of the best mode known to the applicant for carrying 
out the invention.  There are no additional conditions.  The relevant provision is Section 12(1) (a) of 
Patent Law 1992.  
Draft Law
 
  Section 5(5) of the draft Patent Act requires disclosure of the invention sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art and also an indication or at least one mode known to the appli cant for carrying out the invention.  No additional 
conditions exist under the draft Patent Act. Th ese provisions satisfy Article 29 of the TRIPS IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 18 
 
 Agreement which requires sufficiently clear and comp lete disclosure for the invention to be carried 
out by a person skilled in the art.  
33. Please describe if your legislation provides for limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
Existing Law
 
  Section 30 of the Patent law 1992 states the limited exceptions to the exclusive rights which are conferred by a patent.  
Draft Law
 
  Section 11(4) of the draft Patent Act se ts out limitations of patent rights.  It 
should b e noted 
that these exceptions are not contrary to the pr ovisions of Article 30 of the TRIPS Agreement. 
 
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use. 
Existing Law  
 
 The 1992 Patent Law provides for compulsory  licensing under sections 45, 46 and 47 under 
three specific situations.  These are:  
(i) Compulsory licence for non-working;  
(ii) compulsory licence based upon the interdependence of patents;  
 
(iii) compulsory licence for products and process declared to be of vital importance by 
the Minister. 
 
 Sections 45 and 46 of the Patent Law 1992 sti pulate that licence shall be granted after being 
individually considered. 
  Section 48 of the Patent Law also establishes th at the person "satisfies the Tribunal that he has 
asked the owner of the patent for a contractual licen ce but has been unable to obtain such a licence on 
reasonable terms within a reasonable time". 
 
 It is also a precondition under Section 48 of  Patent Law 1992 that the applicant offers a 
guarantee satisfactory to the court to work the inve ntion sufficiently to remedy the deficiencies which 
gave rise of his request.  Draft Law
 
 
 The draft Patent Act is in full compliance w ith Article 31 of the TRIPS Agreement with 
respect to compulsory licensing.  Sections 13  and 14 stipulate that compulsory licences shall be 
granted after being individually considered.  Th e language of sub-section 9 of section 13 requires 
evidence that the owner of the patent has recei ved a request for a contractual licence from the 
applicant seeking authorisation, but that the pe rson has been unable to obtain the licence on 
reasonable commercial terms and condi tions within a reasonable time.  Section 14(3)(c) of the draft 
Patent Act ensures that the right holder is paid adequate remuneration in compliance with  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 19 
 
 Article 31(h) of the TRIPS Agreement.  Decisions on compulsory licences on grounds of insufficient or unreasonable supply of the market in Ghana sha ll be made by the courts, subject to appellate 
proceedings.  Decisions on compulsory licenses on the grounds of public interest or infringement of 
competition law are to be taken-by the Minister subject to judicial review.  35. Please explain how your legislation explic itly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorized predominantly for 
the supply to the domestic market of the Member authorizing such use. 
Existing Law
 
  Section 48(a) of the Patent Law 1992 requires as a precondition for th e person requesting for 
compulsory license to "satisfy" the court that he ha d made a request to the owner of the patent and 
was unable to obtain a licence on reasonable terms and within a reasonable time.  The words "reasonable period of time" are not defined under the Patent Law 1992.  To the best of our knowledge 
no litigation has been initiated under the Patent La w and no case law exists on the interpretation of 
this section.  
 Non-voluntary licences may be granted either by  the court or the Minister who is assigned 
responsibility for patents.  Non-voluntary licences  granted by the Minister are for products and 
process declared to be of vital importance to the country.  It therefore follows that the used of 
compulsory license is for the domestic market.  
 The courts can also grant compulsory licences for non-working of the patent in the country or 
for the refusal of the right holder to grant li censes on reasonable terms and thereby making the 
establishment of or development of industrial or commercial activity in the country unfairly or 
substantially prejudice.  The language of section 45, 46, 47 and 48 is for the supply of the local 
market.  
Draft Law
 
  Section 13(a) of the draft Patent Law, requires evidence from the applicant that he made a request for contractual license, but has been una ble to obtain the license on reasonable commercial 
terms conditions and within a reasonable time.  The words "reasonable period of time" have not been 
defined in the draft Patent Act.  The relevant  section has not been interpreted in any case law. 
  The draft Patent Act under section 13(11) explicitly states that the exploitation by the Government agency or other person designated by th e Minister shall be predominantly for the supply 
of the market in Ghana.  
The wording of Sections 41 of the draft Patent Act is clear that the court will grant a non-
voluntary licence for not working an invention in Ghan a or insufficient exploitation of the patent in 
Ghana.  Therefore the use of the compulsory li cence is for the supply to the domestic market. IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 20 
 
 
36. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed. 
 The Patent Law 1992 does not grant additional pr otection after the expiration of the patent 
term. 
 
37. Please explain how your legislation provid es for the enhanced patent protection of 
patents or patent applications pending on 1
st January 1995. 
Section 412(2) of the draft Patent Act states that  patents granted under the law shall remain in 
force and shall be deemed to have b een granted under the draft Patent Act.  
38. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents. 
 Section 62 of the Patent Law provides for the u se of patented process.  Sub-Sections 7 and 8 
of section 11 provide for the rever sal of the burden of proof in rela tion to process patent.  In this 
respect, for infringement proceedings where the s ubject matter is a process for obtaining a product, 
the burden is on the defendant to prove that the pro cess used to obtain an identical product is different 
from the patented process. Any new product which is  identical to the patented product shall be 
deemed to have been obtained by the process patent  in the absence of proof to the contrary.  These 
provisions are in full compliance with Article 34 of the TRIPS Agreement. 
 
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
39. Please describe how your legislation protects Topographies. 
Existing Law  
 
Currently there is no legislation on topographies.  
Draft Law  
The draft Layout-Designs (Topographies) of Integrated Circuits purports to protect designs 
that are original in the sense that they are the result of the creators' own intellectual efforts.  Under the 
draft law integrated circuit designs are to be afforded  a ten year term of protection; the rights holder is 
given exclusive rights which include the right of reproduction, importation, sale and distribution for 
commercial purposes.  Article 36 provisos of the TRIPS Agreement have also been provided for 
under the agreement.  
40. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
The draft law on Layout-Designs (Topographies) of Integrated Circuits provides that the acts 
of importing, selling or otherwise distributing for commercial purposes the protected topographies 
without the authorization of the rights holder is  unlawful. This includes reproduction whether by 
incorporation in an integrated circuit or otherwi se in line with Article 36 of the TRIPS Agreement.  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 21 
 
 
41. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.  
 The draft law provides that the effect of protection does not extend to a situation where a 
person has no knowledge or reasonabl e grounds to know when acquiring an integrated circuit or an 
article incorporating such an integrated circ uit that it contains an unlawful topography. 
 
42. Please state the term of protection granted by your legislation to topographies. 
The term of protection proposed under the dr aft Layout-Design (Topographies) of Integrated 
Circuits Act is ten years. 
H. P
ROTECTION OF UNDISCLOSED INFORMATION  
43. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
The Protection against Unfair Competition Act, 2000, Act 589 protects undisclosed 
information, that is trade secrets or know-how inde finitely, provided the information is secret, has 
commercial value, because it is secret and has been  subject to reasonable steps to keep it secret.  
These provisions are in line with Article 39.2 of the TRIPS Agreement.  
44. Please explain how your legislation defines undisclosed information. 
 Undisclosed information is not defined in th e Protection Against Unfair Competition Act;  in 
the Act 589, the words "secret information" are u sed.  Section 5(3) of the Act states that an 
information is secret if:  
(a) It is not, as a body or in the configura tion and assembly of its components. generally 
known among or readily accessible to person within the circles that normally 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 unde r the circumstances by the rightful holder to 
keep it secret.  
45. Please explain how your legislation defines data submitted to governments or 
governmental agencies. 
There is no definition of the data submitted to governments or governmental agencies in the 
Protection Against Unfair Competition Act. 2000 Act, 589.  
I. E
NFORCEMENT  
46. Please describe how your legislation provides for effective action against infringement of 
intellectual property rights. 
Effective action against infringement of inte llectual property rights is provided through a 
combination of legislation and the common Law.  Matters relating to eviden ce, injunctions, damages IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 22 
 
 and other remedies including provisional measures are dealt with under the general Law of civil 
procedure for all civil wrongs. 
47. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
 The general civil laws provide for an app eal to the High Court against administrative 
decisions.  
48. Please describe how your legislation author izes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 By virtue of the rules of Court, the courts are authorized to order the production of 
documents.  A party to a litigation is under obligati on either automatically or upon order of the court 
to give discovery of any documents which it may have in its custody, possession or control which 
relate to the issues in the proceedings before the cour t.  The court also has the power to make orders at 
the commencement of proceedings for the protection of evidence in those pro ceedings if there is a 
legitimate fear of such evidence being dest royed by granting an Anton Pillar Order. 
 
49. Please quote provisions of your legislation that authorize judges to order a defendant to 
desist from an infringement. 
 The courts may grant relief for right holders  by way of injunctions under the general 
jurisdiction of the court and the various intellectua l property laws.  Section 59 of the Patent Law 1992 
states that on application by the owner of the patent:   "that court shall grant the following reliefs:  
 (a) an injunction to prevent infringement wh ere infringement is immi nent or to prohibited 
the continuation of the infringement once infringement has started". 
  Section 11(3) of the draft Act also contains  the following provisions which authorize judges 
to order a defendant to desist from an infringement:  
"The owner of the Patent shall in addition to any other rights remedies or actions available to 
the owner have the right subject to subsection (4) and section 13 to institute court proceedings 
against any person who infringes the patent by pe rforming, without the consent of the owner;  
any of the act referred to in subsection (2 ) or who perform acts which may lead to 
infringement." 
 
 With respect to imminent infringement, Sec tion 22(2) of the draft Industrial Designs Act 
states:   "On the application by:  
 The registered owner;  or 
 
 
a licensee who has requested the registered owne r to institute court proceedings for a specific 
relief and the registered owner has refused to do so.  The court may grant an injunction to 
prevent an act which constitutes an infringement or an imminent infringement."  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 23 
 
 
50. Please quote what provisions of your legislation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
 The courts have general jurisdiction to aw ard damages for infringement of intellectual 
property rights.  Damages usually include the recovery of co mmercial losses associated with the 
infringement on flagrancy of infringement shall be taken into account in deciding whether additional 
damages should be awarded.  An award of dama ges would normally be accompanied by any order for 
payment of legal cost incurred by the successful pa rty.  Under such order for costs, the successful 
party will normally recover a sum corresponding to the reasonable sums which were expended in the 
litigation.  If such costs cannot be agreed between  the parties the costs are fixed by the judge. 
 
51. Please quote what provisions of your legislation authorize judges to order the payment 
of the right holder's expenses by the infringer. 
 The courts have jurisdiction under the rules of court to order for payment of legal cost 
incurred by the successful party. Under such orde r for costs. the successful party will normally 
recover a sum corresponding to the reasona ble sums expended in the litigation. 
 
52. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed. 
The courts have jurisdiction to  order defendants to deliver in fringing goods and copies as well 
as materials or implements used in their produc tion. The Copyright Law allow for the seizure of 
infringing goods.  There is also a provision for disposal or destruction of forfeited goods or copies by 
the comptroller of custom.  The courts have inhere nt jurisdiction to indemnify a defendant for abuse 
of the courts' process.  Where the court orders an interlocutory injunction, it will direct the plaintiff 
will pay damages to the defendant.  The court may also require security for such undertaking to be 
given by way of deposit of money into the c ourt's fund or by providing a guarantee. This will 
normally be the case where the plaintiff is a non-resident.  
53. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
The courts have inherent jurisdiction to inde mnify a defendant for abuse of the court's  
process.  Where the court orders an interlocutory in junction, it will direct the plaintiff to give an 
undertaking that if the injunction was wrongly gran ted against the defendant the plaintiff will pay 
damages to the defendant.  The court may also requ ire security for such undertaking to be given by 
way of deposit of money into the court's fund or by  providing a guarantee.  This will normally be the 
case where the plaintiff is a non-resident.  
54. Please explain how your legislation implem ents Article 50 of the TRIPS Agreement. 
 Ghana operates the common law system and therefore the courts have jurisdiction to 
adjudicate on enforcement of intellectual property rights and can order provisional measures before 
the full trail including the grant of interlocutory injunctions.   The court may also grant relief of the type known as an Anton Pillar Order after the case has started.  Under this order the de fendant is required to admit onto his premise a person named in the 
order to search for and take any thing specified in  the order to preserve the evidence for the trial. 
 
 An application can also be made to the court for an interim award of damages.  The plaintiff 
must show that it is likely that at a full trial a subs tantial award of damages w ill be made by the court 
and that pending the assessment of the issues at  trial there should be an interim payment. IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 24 
 
 
55. Please identify the competent authorities in  your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs authorities. 
 The High Court. 
 
56. Please indicate whether or not procedures  are available to suspend the exporting of 
counterfeit goods. 
 There are no proceedings to suspend the e xport of counterfeit goods.  However the right 
holder may apply to the court for an order of injunction.  
57. Please quote what provisions of your legisl ation authorize the competent authorities to 
order the destruction or disposal of infringing goods. 
 The courts have jurisdiction to  order defendants to deliver in fringing goods and copies as well 
as materials or implements used in their productio n.  Under Section 1 of the Merchandise Marks Act 
1964, it is an offence to falsely apply to goods any trade mark or any mark so nearly resembling a 
trade mark as to be likely to deceive.  On convicti on of the offence any goods and things of any kind 
by means of or in relation to which the offe nce is committed may be forfeited to the state. 
 
58. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
There is no de minimis  imports exception. 
 
59. Please explain how your legislation implem ents Article 61 of the TRIPS Agreement. 
Under Section 1 of the Merchandise Marks Act 1964 it is a criminal offence to falsely apply 
to goods any trademark or any mark so nearly resembling a trademark as to be likely to deceive. Where a person is convicted of an offence of any goods or things of any kind by means of or in 
relation to which the offence is committed shall be liab le at the discretion of the court to be forfeited. 
The person who commits an offence there under is guilty of a misdemeanour. 
 
V. RESPONSE TO A QUESTION POSED BY JAPAN 
C
OPYRIGHT AND RELATED RIGHTS  
Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
 There are no exceptions nor exemptions fro m the National Treatment and Most Favoured 
Nation Treatment under the Ghana Copyright Law.  
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 25 
 
 
VI. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. G
EOGRAPHICAL INDICATIONS  
1. Please explain in detail how your legi slation provides protection for geographical 
indications.3 
Draft Law  
  No law currently exists for the protection of geographical indications.  In order to comply with the provisions of the TRIPS Agreement a draf t Geographical Indications Act is soon to be put 
before Parliament.  The draft Act incorporates th e requirements of Article 22 to 24 of the TRIPS 
Agreement. 
  The draft Act defines a geographical indication as "an indication which identifies a good as originating in the territory of a country or region or locality in that territory, where a given quality 
reputation or other characteristic of the good is essen tially attributable to its geographical origin". 
 
 Natural or handicraft products are covered by the definition of Geographical Indications in the 
Act.  Examples would be textiles, fruits, wines, coffee, wood and tea.   The definition of a geographical indication is  in conformity with the definition of a 
geographical indication in Article 22.1 of the TRIPS Agreement. 
 
 The draft Geographical Indications Act is divided into four parts.  These are:  
1. Protection of Geographical Indications; 
 
2. Registration of Geographical Indications; 
 3. Special Provisions Concerning Marks; 
 4. Regulations and Interpretations. 
 
Section 1 of the draft Geographical Indication Act states explicitly that civil proceedings may 
be instituted to prevent unlawful use of geographical  indications.  Subsections 1(a) and (b) of section 
1 are in line with Articles 22.2(a) and (b) and Artic le 23.1 of the TRIPS Agreement enabling parties to 
prevent the use of indications in a manner which w ould mislead the public and would also be contrary 
to honest business practices within the meaning of Articles 101 of the Paris Convention or with regard 
to geographical indications identifying wines and sp irits not originating in the place indicated in the 
geographical indication in question.  Section 1 makes it clear that the court may in addition to issuing 
injunctions to prevent such unlawful use, award or grant any other civil remedies that maybe appropriate.  
                                                     
 
3 This response to question 1 posed by Switzerland  replaces that circulated in document IP/C/W/343. IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 26 
 
 B. P
ATENTS  
2. Does your legislation grant patent protection to  all categories of products or are there 
any exceptions?  If so, please explain in deta il what kind of exceptions exist and how they 
comply with Article 27 of the TRIPS Agreement. 
 The Patent Law 1992 grant patents protection rela ting to products and processes in all fields 
of technology.  The exceptions to patentability are st ated in section 1(3) of the law.  The exceptions 
are: 
(a) Discoveries, scientific and mathematical theories, 
 
(b) plant or animal varieties or essentially biological processes for the production of plants 
or animals, other than microbiological processes and the products of such processes; 
 (c) schemes, rules or methods for doing business, performing purely mental acts or playing 
games; 
 
(d) methods of treatment of the human or anim al body by surgery or therapy as well as 
diagnostic methods;  this provision shall not apply to products for use in any of these 
methods; 
 (e) mere presentation of information; 
 
(f) computer programmes. 
 
 The new draft Patent Act also grants protection for inventions relation to  products and process 
in all fields of technology.  However the exceptions are:  
 
(a) Discoveries, scientific theories and mathematical methods;  
 (b) schemes, rules or methods of doing business, performing purely mental acts or playing 
games; 
 
(c) methods for treatment of human or animal body by surgery or therapy, as well as 
diagnostic methods practised on the human or  animal body;  this provision shall not 
apply to products for use in any of those methods; 
 (d) inventions, the prevention within Ghana of  the commercial exploitation of which is 
necessary to protect public order or morality which includes: 
 
i.  the protection of human, animal or plant life or health;  or   ii. the avoidance of serious prejudice to the environment;  if the exclusion is not 
made because the exploitation is prohibited;  
 
(e) plants and animals other than the micro-organisms;  
 (f) biological processes for the protection of plants or animals other than non-biological 
and micro-biological processes; 
 
(g) plant varieties. 
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 27 
 
  Article 27 of the TRIPS Agreement set out three exceptions to the basic rule on patentability. 
These are inventions contrary to public or morality , diagnostic, therapeutic and surgical methods for 
the treatment of humans or animals and plants and animals other than micro-organisms and essentially 
biological processes for the production of plant or animals other than non-biological and 
microbiological processes.
 
 
 Discoveries for example have been excluded essentially because the person who makes a discovery has not create anything. Also schemes,  rules or methods for doing business concerns 
instructions to the human mind which cannot be patented. 
 In line with Article 27.3(b) a sui generis  system has been provided for the protection of plant 
varieties.  
3. Does your legislation, in accordance with Ar ticle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)? 
 The Patent Law 1992 under Section 45(1) allows compulsory licensing for non-working of 
the patent.  The definition of working has been provided under Section 31(5) of the law as follows: 
 
"A patented inventions is worked if the patent ed product is made or if the patented process is 
used in Ghana, by any effective and serious establishment and on a scale which is reasonable 
in the circumstances, but importati on shall not constitute working." 
The draft patent Act also contain provisions on compulsory licensing and government use 
without the authorization of the right holder but are subject to conditions aimed at protecting the legitimate interests of the right holder.  
 These conditions in the draft law aimed at prot ecting the legitimate interests of the right 
holder are in full compliance with Article 31 of th e TRIPS Agreement.  The conditions also comply 
with Article 27.1 of the TRIPS Agreement which require technology whethe r products are imported 
or locally produced.   The provisions of Section 14(1) of the draft Pate nt Act explicitly state that the court may issue 
non-voluntary licence if the court is satisfied the patent ed invention is not exploited or is insufficiently 
exploited, by working the inventions locally or by importation in Ghana. 
 
4. Does your legislation make the granting of a compulsory license subject to all the 
conditions enumerated in Article 31 of the TR IPS Agreement?  Please cite the relevant 
provisions of law. 
 The Patent law 1992 contain provisions on compulsory licensing. The provisions however do 
not satisfy all the conditions enumer ated in Article 31.  The draft Patent Act also has provisions for 
granting compulsory licences which are in full complia nce with Article 31 of the TRIPS Agreement.  
Sections 13 and 14 of the draft Patent Act cont ain conditions under which compulsory licences and 
government use or person thereby provisions of law. 
 
5. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
 Section 62 of the Patent Law 1992 is on the presumption of use of patented process. This 
section however does not fully comply with requireme nts of TRIPS Article 34.  Subsections 7 and 8 
of Section 8 of the draft Patent Act provide for the principle of the reversal of burden of proof in a 
process patent litigation.  The provisions are in  full compliance with Article 34 of the TRIPS 
Agreement. IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 28 
 
 C. P
ROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation en sures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorization of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a 
second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market au thorization for his own product.  Does your 
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant? 
 The Protection Against Unfair Competition Act 2000, Act 589, provides for the protection of 
undisclosed test or other data submitted to a stat e agency as a condition for approving the marketing 
of pharmaceutical or agricultural chemical products , which use new chemical entities.  The relevant 
provision is section 5(4) which makes it an unfair co mpetition where an act or practice results in an 
unfair commercial use of secret test or data whic h have been submitted to a competent authority for 
the purpose of obtaining an approval of the marke ting of pharmaceutical or agricultural chemical 
products, which utilize new chemical entities.  S ubsection 4, paragraph b of section 5 contains 
exceptions to the disclosure.  This is where it is n ecessary to protect the public and steps are taken to 
ensure that the data are protected against unfai r commercial use. The legislation on undisclosed 
information does not set a specific term of protection for undisclosed test or data. 
 
D. E
NFORCEMENT  
7. Please indicate remedies provided by your legislation, which constitute effective 
deterrents to infringements of intellectual property rights. 
 The remedies provided by legislation, wh ich constitutes deterrents to infringement of 
intellectual property rights, are: 
  a. Imprisonment;   b. monetary fines;  
 c. seizure, forfeiture ad destruction of in fringing goods and materials and implements 
for their production. 
 Trademarks 
 
 
 The Trade Marks Act does not provide for criminal procedures and penalties for wilful 
trademark counterfeiting as required by Article 61 of  the TRIPS Agreement.  However, section 1 of 
the Merchandise Marks Act makes it a demeanour for fa lsely applying to goods any trade mark or any 
mark nearly resembling a trade mark as to be likel y to deceive.  Under the general jurisdiction of the 
court, the courts can award damage for infringement or if the plaintiff desires an account for profit. 
An award for damages would normally be accompanied by an order for payment of legal costs 
incurred by the successful party.  The draft Tr ade Marks Act makes provision for penalties with 
respect to infringement and provide for a fine  or imprisonment for wilful infringement.  
 Patents 
 
 
 The Patent Law 1992 specifically provide for aw ard of damages in section 59.  The Patent 
Law also provide for a fine or impr isonment of not more than 2 year s for intentional infringement of a  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 29 
 
 patent.  The draft Patent Act also has provisi ons making intentional infringement of a patent 
punishable by a fine or by imprisonment.   Industrial designs 
 
 
 Section 22 of the draft Industrial Designs Act pr ovides that it is an offence to perform an act 
stated in section 9 of the draft law as an infringement.  The penalty is a fine or a term of imprisonment 
not exceeding two years or both.  Layout-designs 
 
 
 Section 15 of the draft Layout-Designs (Topographies) of Integrated Circuits Act provides that it is an offence to knowingly perform an act which is unlawful under section 4 of the draft law. The penalty is a fine or imprisonment for two y ears. The court may order seizure, forfeiture and 
destruction of layout-designs of integrated circu its or articles concerned and of any material or 
implements predominant use of which has been in the commission of the fine.  
 Plant varieties 
 
  The draft Plant Varieties Act makes provision  for a fine or term of imprisonment not 
exceeding two years in relation to non-compliance or misuse of variety denomination. 
 
Copyright  
 
 Civil and criminal remedies are provided unde r sections 43-45 of the current copyright law  
PNDC Law 110 of 1985.  Civil remedies include action for damages, interlocutory orders such as injunctions, Anton Pillar Orders etc.  The penal sanctions currently provided for under the 1985 law have  not proved to be deterrent enough.  The courts are incl ined to apply fiscal penalties rather than custodial 
sentences.  The new draft Copyright Bill currently before Parliament provides for enhanced criminal 
sanctions - a convict can be sentenced to a maximum of 5 years imprisonment and provision has been made for equally punitive fines. 
 
8. Please describe any new initiatives that are planned to improve enforcement of intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
 The Chief Justice has recently issue directives to the effect that cases involving infringement 
of intellectual property rights should be handled by the specially mechanised courts which have been 
established to deal expeditiously with such issues.  E. T
RADEMARKS  
9. Please explain how your legislation implements Article 62.2 TRIPS Agreement.  Please 
indicate how long it takes on average to registe r a trademark. Please cite the relevant provisions 
of your law. 
 A draft trademark law is to be laid before Par liament this year.  This draft law fully complies 
with obligations under the TRIPS Agreement.  On th e average it takes about six months to register a 
trademark. 
 IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 30 
 
 
10. Please explain in detail how Ghana pr otects service marks and cite the relevant 
provisions of law. 
 The Trade Marks Act does not contain provisions on service marks.  However, the draft Trade 
Marks Act contains provisions on service marks.  Se rvice marks, on registration, are protected for a 
period of ten years and renewable for consecutive period of ten years under the draft Trade Marks 
Act.  
VII. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of intellectual property covered by the TRIPS 
Agreement, including plant variety protection, th e manner in which nation treatment and most 
favoured nation treatment are provided to nationals of other WTO Members. 
 There are no provisions in the intellectual prope rty legislation on national treatment and most-
favoured-nation treatment. 
B. C OPYRIGHT AND RELATED RIGHTS  
2. Please explain how the copyright law of Ghana  protects computer programs as literary 
works and complications of data as required  by Article 10 of the TRIPS Agreement. 
 
Existing Law  
 
 PNDC Law 110 was passed in 1985 and did not specifically provide for the protection of 
computer programs as literary works in Ghana.  However, in practice computer programs are protected as literary works in Ghana.   Draft Law
 
 
 This defect is cured in the new copyright bill before Parliament. The bill specifies that 
computer programs should be protected as literary work. The Copyright law protects compilations of data which are original in character and it involves some elements of creativity such as directories, 
anthologies, etc.  
 
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Ghana.  
Existing Law
 
 
 The current law does not make any such provision.  
 Draft Law 
 
 
 Clause 5(e) of the new copyright bill provides rentals rights for audiovisual works and 
computer programmes.  
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 31 
 
 
4. Please describe the protection the copyrigh t law of Ghana provides for performers, and 
the term of the protection.  
Existing Law
 
 
 The current copyright law incorporates the pr otection that performers are granted under the 
Rome Convention of 1961.   Draft Law 
 
 
 The new bill however incorporates elements  of the Rome Convention and the WIPO 
Phonogram and Performances Treaty (WPPT). 
 
5. Article 14.2 of the TRIPS Agreement provi des that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  
Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Ghana implemen ts these obligations and indicate the term of 
protection. 
  Article 14.2 of the TRIPS Agreement regardi ng the protection of Producers of Phonograms is 
embodied in the new Copyright Bill but not in the current Copyright Law. 
 C. T
RADEMARKS  
6. Please describe the subject matter that can comprise a trademark under the trademark 
law of Ghana. 
Existing Law  
 
 In the Trade Marks Act 1965, a mark is define d as follows; a mark includes a device, brand 
heading, label ticket, name, signature, word, letter,  numeral or any combination thereof.  Under the 
Trade Marks Act, a mark must be registered in order to be protectable.  Sections 9 and 10 the Act set 
out the conditions for the registration of a mark.  A ma rk is registrable under Section 9 of the Act if it 
contains or consists of at least one of the following particulars:   (a)  The name of a company, individual or firm represented in a special or particular 
manner;  
 
 (b)  the signature of the applicant for re gistration or a predecessor in his business;  
  (c)  an invented word or invented words;   (d) a word or words having no direct reference to the character or quality of the goods 
and not being according to its ordinary signification a geographical name or a 
surname;  
  (e) any other distinctive mark.  
 The provisions of section 10 of the Trade Marks Act provide for an alternative form of 
registration based on the trademarks capability of di stinguishing as compared to inherently adapted to 
distinguish.  IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 32 
 
 Draft Law
 
  The draft Trade Marks Act defines a mark as any sign or combination of signs capable of 
distinguishing the goods or services of one undert aking from the goods of other undertaking including 
words such as personal names, letters, numerals and figurative elements. 
  Under the draft Trade Marks Act, a trademark is registrable if it is capable of distinguishing the applicant's goods or services from those of others.  The mark must not be contrary to public order 
or morality and also not mislead consumers or trade circles as regards source or other characteristics 
of the goods.  A trademark is not registrable if it is a mark of a state or intergovernmental 
international organization except with authorisation.   Finally a mark under the draft law will not be 
registered if it is a well-known mark.  
 
7. Please describe the procedure that must be  followed to register a trademark in Ghana, 
citing the relevant provisions of the law, and describe the rights that the owner of a registered 
mark can exercise.  
 
Existing Law
 
  The procedure for the registration of a tradem ark is stated in the Trade Marks Regulation 
1970, L1667.  The following are the procedure for registration of a trademark: 
  i. The application must be made in the prescribed form (Form TM No.2).   ii. The application must contain the following: 
 
(a) That the application is made in Part A of the Register; (the Trade Mark 
Register is divided into "Part A" and "Part B").
 
 
(b)  The applicant is required to affix a representative of the mark on the Form 
(Regulation 2 of LI 667). 
 (c) The desired classification and the respective goods.  (d) The name and nationality of the entity applying for the mark. 
 
iii. Four (4) representations of the mark. 
 iv. In cases where an Attorney/Agent is appointed  to file an application for registration, 
the form authorising the agent must be filed (TM No.1). 
 
v. The application fee of US$150 must  be submitted with the application. 
  An exhaustive examination is carried out on th e application by the Industrial Property Office 
before acceptance or refusal.  The applicant may be invited to make amendments.  All applications are 
published in the Commercial and Industr ial Bulletin for possible apposition. 
 
 A mark is entered in the Register of Trad e Marks if there is no opposition or where the 
opposition has been disposed of.   The right given to the registered owner of a trademark are stated in sections 4 and 5 of the 
Trade Marks Act which provide as follows: 
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 33 
 
  Section 4(1).  Subject to the provisions of this section, and to sections 7 and 8 of this Act, the 
registration (whether before or after the commencem ent of this Act) of a person in Part A of the 
register as proprietor of a trade mark (other than a certification trade mark) in respect of any goods 
shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade 
mark in relation to those goods. 
  Without prejudice to the generality of subsection (1 ) of this section the right referred to in that 
subsection shall be deemed to be infringed by an y person who, not being the proprietor of the trade 
mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so 
nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to 
any goods in respect of which it is registered, a nd in such manner as to render the use of the mark 
likely to be taken either:   a. As being used as a trade mark;  or 
 
 b.  in a case in which the use is use upon the goods or in physical relation thereto or in an 
advertising circular or other advertisem ent issued to the public, as importing a 
reference to some person having the right eith er as proprietor or as registered user to 
use the trade mark or to goods with which su ch a person is connected in the course of 
trade. 
 
 The right to the use of a trade mark given by virtue of this section by registration shall be 
subject to any conditions or limitations entered on  the register, and shall not be deemed to be 
infringed by the use of any such mark as is referred to in subsection (2) of this section in any mode, in 
relation to goods to be sold or otherwise traded in any place, in relation to goods to be exported to any 
market, or in any other circumstances, to which, having regard to any such limitations, the registration 
does not extend.   Section 5(1).  Except as provided by subsection (2) of this section, the registration (whether 
before or after the commencement of this Act) of a person in Part B of the register as proprietor of a 
trade mark in respect of any goods shall, if valid, ha ve or be deemed to have  given to that person the 
like right in relation to those goods as if the registration had been in part A of the register, and the 
provisions of section 4 of this Act shall have e ffect in like manner in relation to a trade mark 
registered in Part B of the register as they have effect  in relation to a trade mark registered in Part A of 
the register.  
Draft Law
 
  The draft Trade Marks Act also contain the procedure for the registration of a mark. The 
procedure is as follows:  
The application for registration of a mark shall be filed with the Registrar and shall contain a 
request, a reproduction of the mark and a list of th e goods for which registration of the mark is 
requested, listed under the applicable class or classes of the International Classification. The 
application should be accompanied by the prescribed fee. 
 The application may contain a declaration claiming priority of an earlier national or regional 
application filed by the applicant or his predecessor for any state or party to the Paris Convention or 
the World Trade Organization. 
 The Registrar shall examine the application and if all formalities and the law has been 
complied with the application is published.  Where the registration of the mark has not been opposed IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 34 
 
 within the prescribed time limit or where the re gistration of the mark has been opposed and the 
opposition has been decided in favour of the app licant, the Registrar shall register the mark. 
 The draft Trade Marks Act confers on the owner of  a trade mark the right to the use of the 
mark in relation to any goods for which it has been registered.  The registered owner of a mark also 
have the right to institute court proceedings ag ainst any person who infringes the mark by using 
without his agreement or who performs acts which ma ke it likely that infringement will occur.  The 
right extends to the use of a sign similar to the regi stered marks and use in relation to goods similar to 
those for which the mark  has been registered. 
 
 The registration of a mark is for a period of  ten years and renewable for consecutive periods 
of ten years upon the payment of the prescribed fee. 
 
8. Please provide the length and terms of pr otection the trademark law of Ghana provides 
for a trademark.    
Existing Law
 
  The Trade Marks Act under Section 20 provides for a term of seven years renewable consecutively for seven year periods u pon payment of the prescribed fee. 
 
Draft Law
 
  The draft Trade Marks Act provide for a term of ten years renewable for consecutive periods 
of ten years subject to the payment of the prescribed renewal fee. 
 
D. G
EOGRAPHICAL INDICATIONS  
9 .  Please describe in detail how the laws of Ghana provide for the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.  
 
 No law existed for the protection of geographical indication. In order to comply with the TRIPS Agreement, a draft Geographical I ndications Act is soon to be put before
 parliament.  The draft 
Geographical Indications Act incorporates Article 22 to 24 of the TRIPS Agreement.  The draft 
Geographical Indications Act is divided into four parts.  These are: 
 
 1.  Protection of Geographical Indications;    2.  Registration of Geographical Indications;    3.  Special Provisions Concerning Marks; 
 
 4.  Regulations and Interpretations.   Section 1 of the draft Geographical Indications  Act states explicitly that civil proceedings 
may be instituted to prevent unlawful use of geogra phical indications.  Subsections 1(a) and (b) of 
section 1 are in line with Articles 22.2(a) and (b) and Article 23.1 of the TRIPS Agreement enabling, 
parties to prevent the use of indications in a manner which would mislead the public and would also be contrary to honest business practices within the meaning of Article 10 bis of the Paris Convention 
or with regard to geographical indications identif ying wines and spirits not originating in the place 
indicated in the geographical indication in question.   Section 1 makes it clear that the court may in  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 35 
 
 addition to issuing injunctions to prevent such unlaw ful use, award or grant any other civil remedies 
that maybe appropriate.   Natural or handicraft products are covered by the definition of geographical indications in the 
Act.  Examples would be textiles, fruit, wines, coffee, wood and tea.  
 
10. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for 
such products.  
 The draft Geographical Indications Act does not provide a higher level of protection for wines 
and spirits.  
E. I
NDUSTRIAL DESIGNS  
11. Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 
 The Textile Designs (Registration) Decr ee 1973 provides for a registration system, 
publication of applications, an opposition procedure a nd term of protection of five years renewable for 
two consecutive periods of five years each for textile designs. 
  To obtain textile design protection, Section 3(1)  of the Textile Designs (Registration) Decree, 
1973 NRCD 213 requires that an application in the prescr ibed form must be lodged with the Registrar. 
Section 3(2) of the law empowers the Registrar to make searches and request for such information as 
he may think fit. Where the application for re gistration of a textile design has been accepted, 
Section 6(1) of the Act requires that, the appli cation is published in the Gazette for possible 
opposition.  Where there is no opposition, the registra r upon payment of the prescribed fee register the 
textile design as required by section 7(1) of the Act.   Textile designs are protected under the draft I ndustrial Designs Act. Under Section 5 of the 
draft law, a person may apply to the Registrar fo r the registration of an industrial design. The 
application for the registration shall contain among others, drawings, photogra phs or other adequate 
graphic representations of the artic le embodying the industrial design. 
  Sections 6 to 8 of the draft law require the Regi strar to examine the design and if satisfied that 
the requirements of the flaw have been complied with and the prescribed application fee paid, register 
the textile design and publish a refe rence to it in the Gazette and issu e to the applicant a certificate of 
registration of the textile design.   Where there is an opposition to the registration of the textile design after publication in the 
Gazette, the Registrar is to seen a copy of the no tice of the opposition and the applicant within the 
prescribed period and in the prescribed manner is requ ired to send to the registrar a counter-statement 
of the grounds on which the applicant relies for the app lication.  The Registrar is to hear the parties if 
either or both wish to be heard and after consid ering the merits of the case take a decision on the 
application.  The duration of the registration of a textile design as stated under section 10 is for a 
period of five years renewable for two further con secutive periods of five years upon payment of the 
prescribed fee. 
 IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 36 
 
 F. P
ATENTS  
12. Please describe in detail the way in which the patent law of Ghana implements Article 
27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms a nd non-biological and microbiological processes 
and plant varieties.  Please cite to the relevant provisions of the law. 
 
 The Patent Law PNDC Law 305A provides patent protection in all fields of technology and a 
patent term of ten years renewable subject to local  working for two consecutive terms of five years.  
Section 1(3) of the Patent Law provide ex clusions from patentability which include: 
 
 (a) Methods of treatment of human or animal body by surgery or therapy as well as 
diagnostic methods; 
  (b) plant or animal varieties or essentially biological processes for the production of plants 
or animals. 
  Section 6 of the Patent Law also excludes inve ntions of the prevention within Ghana of the 
commercial exploitation of which is necessar y to protect public order or morality. 
  The draft Patent Act provide for patent pr otection for any invention whether products or 
processes in all fields of technology. 
  The draft Patent Act also allow patent rights enjoyable without discrimination as to the place 
of invention. the field of technology whether th e products are imported or locally produced. 
 
 Exclusions from patentability are also provided under the draft Patent Act.  The exclusions 
include:   (a) methods for treatment of the human or animal body by surgery or therapy as well as 
 diagnostic methods practised on the human or  animal body;  this provision shall not 
apply to products for use in any of those methods; 
 
 (b) inventions, the prevention within Ghana of the commercial exploitation of which is 
necessary to protect public order or morality, which includes: 
 
(i) the protection of human, animal or plant life or health;  or 
 
(ii) the avoidance of serious prejudice to the environment; 
  (c) biological processes for the protection of plants or animals other than non-biological 
processes; 
 
 (d) plant varieties. 
  The draft Patent Act offers patent prot ection for micro-organisms non-biological and 
microbiological processes.  The provisions which ex clude certain inventions from patentability do not 
apply to micro-organisms, non-biological and micro-biological processes. 
 
 The draft Patent Act is fully in complian ce with Article 27 of the TRIPS Agreement. 
  Plant varieties are to be protected by an effective sui generis  system.  The draft Act is soon to 
be presented to parliament.   IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 37 
 
 
13. Please describe in detail the rights provi ded patent holders under the patent law of 
Ghana and cite to the relevant provisions of law.  
 Section 28 of the Patent Law 1992 confers excl usive right to the patent owner where the 
subject-matter of a patent is a product to prevent others from the acts of making, using offering for 
sale, selling or importing for these purposes the product.  In the case where the subject-matter of a patent is a process, the exclusive right conferred will 
prevent others from the act of using, offering for sale selling or importing for these purposes at least the product obtained directly by that process. 
 
 The draft Patent Act also contain provisions on the rights of the patent owner.   Under the draft Patent Act, the exploitation of a patent requires the consent of the owner.  The 
draft law defines exploitation to mean any of the following: 
 
 (a)  where the patent has been granted in respect of a product:   (i) making importing offering for sale selling and using the products;   (ii) stocking the product for the purposes of offering for sale, selling or using; 
 
 (b)  where the patent has been  granted in respect of process: 
  (i)  using the process;  or  
 (ii) doing any of the acts referred to in paragraph (a) in respect of a product obtained directly by means of the process. 
  The provisions in the draft law also empower the owner of the patent to institute court 
proceedings against any person who infringes the patent  by performing any of the acts referred above 
or who performs acts which may lead to infringement. 
 
 These provisions of the draft Patent Law are in full compliance with Article 28 of the TRIPS Agreement. 
 
14. Please describe in detail any provisions in  the laws of Ghana permitting unauthorized 
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions 
under which such use can occur.    
 The Patent Law 1992 contains provisions permitting unauthorised use of patent. 
  Section 30 of the Patent Law 1992 lists th e circumstances in which the law allows 
unauthorised use of patent.  These includes acts done for scientific research;  acts in respect of articles 
which have been put on the market in Ghana by th e owner of the patent or with his express consent 
and the use of articles on aircraft, land vehicles or vessels of other countries which temporarily or accidentally enter the airspace territory or waters of Ghana.  
 Unauthorised use of a patent is also perm itted under the patent law, sections 45, 46 and 47 
through compulsory licensing in  the following circumstances: 
  (i) compulsory licensing for non-working of the patent;  
 (ii) compulsory licensing based upon interdependent of patents; IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 38 
 
  (iii) compulsory licensing for products and processes declared to be of vital importance.   The Patent Law 1992 under section 54 also allo ws exploitation of patented inventions by 
Government or third persons authorised by Government. 
 
 The provisions for compulsory licensing are not  in full compliance with Article 31 of the 
TRIPS Agreement.   The draft Patent Act contains provisions for unauthorised use of a patent. 
 
 The circumstances under which unauthorised use of a patent is permitted under the draft Patent Act are as follows:  
(a) Acts in respect of articles which have b een put on the market in any country by the 
owner of the patent or with the owner's consent. 
  This relates to exhaustion of patents rights. Under this principle once a patented article has 
been lawfully put on the market, the patent owner's ri ght in respect of that products is exhausted.  The 
TRIPS Agreement in its Article 6 does not estab lish which level exhaustion members shall adopt, 
subject to its provision on national treat ment and most-favoured national treatment. 
 
 (b)  The use of articles on aircraft vehicles or vessels of other countries which temporarily 
or accidentally enter the airspace, territory or waters of Ghana. 
  This aimed at avoiding a situation in which the exercise of the exclusive right might be 
prejudicial to the public interest on maintaining free movement of vessels and aircraft. 
  (c) Acts done only for experimental purposes relating to patent invention. 
 
 This concerns acts clone for non-commercial purposes. 
 
 (d) Acts performed by a person who in good faith, before the filing or where priority is 
claimed, the priority date of the applica tion on which the patent is granted and in 
Ghana was using the invention or was making effective and serious preparations for such use. 
 
 This limitations recognises the prior user's right  established by good faith prior use or serious 
preparation for such use within the territory of Ghana.  The right does not extend to use which is 
deferent on nature or purpose from the actual prior u se or in the case of preparations envisaged prior 
use.   The draft Patent Act contains provisions on compulsory licensing and government use 
without the authorisation of the right holder. 
  Government use and compulsory licensing of pate nts in the draft Patent Act are subjected to 
conditions aimed at protecting the legitimate inte rest of the right holder.  These conditions are 
contained in Article 31 of the TRIPS Agre ement.  These conditions are listed below: 
 
• An application to use the subject-matter of a patent must be consid ered on its individual 
merit.  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 39 
 
 
• There must be an unsuccessful attempt first to obtain a voluntary licence on reasonable 
commercial terms and conditions within a reasonable period. 
 
• The licence must be non-exclusive. 
 
• The use must be authorised predominantly  for the supply of the domestic market. 
 
• The right holder must be paid adequate rem uneration in the circumstances of each case, 
taking into account the economic value of the licence. 
 
• The scope and duration of such use without the authorisation of the right holder must 
be limited to the purpose for which it was authorised. 
 
• The decision on the grant and remuneration is  to be subjected to judicial review.  
 
15. What term of protection does the patent law of Ghana provide for patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant provisions of the law. 
 
 Section 31 of the Patent Law 1992 PNDC Law 305A  provides for a patent term of ten years 
renewable subject to local working for two consec utive terms of five years each.  There is no 
extension of the term of prot ection under the Patent Law 1992. 
  The draft Patent Act grants a patent term of twenty years after the filing date of the 
application for patent.  There is no extension of  the patent term under the draft Patent Law. 
 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
16. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Ghana, including the term of pr otection, and cite to the relevant provisions of 
law. 
 
 The draft Layout-Designs (Topographies) of Integrated Circuit Act provides protection for layout-designs that are original in the sense that they are the result of the creator's own intellectual 
effort and are not common place among creators of layout-designs and manufacturers of integrated circuits at the time of their creation.  The term of protection is ten years instead of eight years as prescribed in the treaty on Intellectual Property in re spect of integrated circuits.  The exclusive rights 
provided in the draft law include the rights of reproduction, sale and importation, sale and other 
distribution for commercial purposes.  The draft law also protects articles containing infringing integrated circuits.  The provisions of the draft Layout-Designs (Topographies) of 1ntegrated Circuits 
Act are in full compliance with Articles 36 and 38 of the TRIPS Agreement.  
H. P
ROTECTION OF UNDISCLOSED INFORMATION  
17. Please describe in detail how the laws of Ghana provide for the protection of undisclosed 
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the 
relevant provisions of law.  
 
 The protection Against Unfair Competition Act 2000 Act 589 provide for the protection of 
undisclosed information. 
 IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 40 
 
  Section 5 of the Protection against Unfair Competition Act is based on Article 39 of the 
TRIPS Agreement which deals with secret information.   Section 5(3) of the act states that protection must apply to information that is secret, that it has 
commercial value because it is secret and that is has been subject to reasonable steps to keep it secret. 
  Section 5(1) does not require undisclosed informa tion to be treated as a form of property, but 
it does require that a person lawfully in control of  such information must have the possibility of 
preventing it form being disclosed to acquired by or used by others without his or her consent in a 
manner contrary to honest commercial practices. 
  Under Section 8(1) of the Act, a person may seek redness for any act practice of industrial or 
commercial activities that results in the disclosur e, acquisition or use by another of his secret 
information without his consent and in a manner contrary to honest commercial practices.  The 
remedies available to a person who brings an action for acts of unfair competition include the 
following:  
a.  an order of injunction to prevent the act or further acts or of unfair competition;  b.  a provisional order to prevent unlawful acts or to reserve relevant evidence; 
 
c.  the award of damages as compensation;  d.  any other remedy as the court may consider fit to order. 
 
18. Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Ghana and cite to the relevant provisions of law. 
 
Section 5(4) of the Protection Against Unfair  Competition Act. contains provisions for the 
protection of undisclosed test data and other data whose submission is required by the statutory bodies 
responsible for approving the marketing of pharmac eutical or agricultural chemical products which 
use new chemical entities.  Exceptions to the protec tion of test data and other data are stated in 
section 5(4)(b) under the section disclosure can be made  where it is necessary for the protection of the 
public and also where steps are taken to ensure th at the data are protected against unfair commercial 
use. 
 
Civil remedies are available to an aggrieved pe rson whose secret test data or other data has 
been disclosed.  Section 8(1) allows th e aggrieved person to 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 unlawful acts or to preserve relevant evidence; 
 
c.  the award of damages as compensation;  and  d.  any other remedy as the court may consider fit to order. 
  Sections 5(4) and 8(1) of the Protection Against Unfair Competition Act comply with 
Article 39.3 of the TRIPS Agreement. 
  IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 41 
 
 
19. Are other applicants for marketing approv al for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 
 There are no applicants for marketing approval for their own versions of previously approved 
pharmaceutical or agricultural chemical products.  I. E
NFORCEMENT  
20. Please describe in detail the manner in which the laws of Ghana provide for effective 
action against infringement of intellectual prop erty rights as required by Article 41.1 of the 
TRIPS Agreement.  
 
 The legal system of Ghana is the common law and matters relating to remedies for 
infringement of intellectual property rights are dealt with under the general law of civil procedure.  
The remedies that may be ordered by the judicial authorities are:  
a. Injunctions;  b. damages; 
 
c. destruction or other disposal of infringing goods and materials/implements for their 
production; 
 d. any other remedy. 
 
Injunctions
 
 
 Under the general jurisdiction of the court and under the various intellectual property laws the 
courts may grant relief for infringement in the form of an interlocutory or perpetual injunction.  The 
courts may grant an interlocutory injunction if the cour t is satisfied that there is a serious issue to be 
tried and if the risk of damage to the plain tiff should the injunction not granted will not he 
compensated by an order for damages provided that  the plaintiff gives an undertaking to compensate 
the defendant if it turns out that there was no jurisdiction for the injunction.   Damages
 
 
 Under the general jurisdiction of the court and the provisions of the various intellectual 
property the courts have power to  award damages for infringement or if the plaintiff desires an 
account for profit.  Damages usually include the re covery of commercial lo sses associated with the 
infringement and flagrancy of the infringement shall be taken into account deciding whether 
additional damages should be awarded.  An award of damages would normally be accompanied by an 
order for payment of legal cost incurred by the successf ul party.  The order for costs is to enable the 
successful party to recover a sum corresponding to the reasonable sums which were expanded in the 
litigation.  Destruction or disposal of infringing good s and material/implements for the products
 
 
 The courts have Jurisdiction to order defenda nts to deliver infringing goods and copies as well 
as materials or implements used in their production.   IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 42 
 
 Any other remedies 
 
 
 As an alternative to an award of damages the right holder may seek an account of profits 
instead of damages. This requires the court to ass ess the profits which the infringer has made as a 
result of his infringing act and pay this over to the right holder. 
 
21. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate  a party’s claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Ghana provide this authorization, citing to the relevant provisions of law or 
regulation. 
 
 The courts have authority to order the production of documents in court by virtue of the rules 
of court.  A party to litigation has an obligation eith er automatically or upon order of the Court to give 
discovery of any document which it may have in its custody, possession or control which relates to 
the issues in the proceedings before the court. 
 
22. Please describe in detail all of the civil rem edies that are available to right holders under 
the laws of Ghana, citing to the relevant provisions of law or regulation. 
  The intellectual property legislation and the ci vil law of Ghana offer the following remedies 
to right holders:  
a. damages including recovery of profits  and expenses including attorney's fees; 
 
b. injunctions; 
 c. destruction or other disposal of infringing  goods and materials or  implements for their 
production; 
 d. any other remedy. 
 
Damages
 
  Damages can be awarded against persons who infringe intellectual property rights by the 
courts under its general jurisdiction and also as pr ovided under the intellectual property legislation. 
The right holder can also request for account for profit. 
  The Patent Law 1992 under Section 59 specifically provides for the grant of injunctions, damages or any other remedy provided for by law.   The draft laws on Geographical Indications, Layout-Designs (Topographies) of Integrated 
Circuits, Trade Marks and Industrial Designs specifically provide for award of damages for 
infringements. 
 
 The damages will usually include  the recovery of commercial losses associated with the 
infringement and the flagrancy of the infringement will be taken into account in deciding the quantum 
of damages.  An award of damages would normally be accompanied by an order for payment of legal 
costs incurred by the successful party.    IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 43 
 
 Injunctions 
 
 
 The High Court has powers to grant an order fo r injunction and various intellectual property 
laws also specifically provide for the grant of injunc tions.  An injunction is granted where the court is 
satisfied that there is a serious i ssue to be tried and on the balance of convenience it is an appropriate 
remedy.   Destruction or other disposal of infringing goods and materials or implements for their production 
 
 
 The courts have jurisdiction to  order defendants to deliver in fringing goods and copies as well 
as materials or implements used in their production.   Any other remedy 
 
 
 As an alternative to an award of damages the right holder may apply for an account of profits 
instead of damages.  This requires the court to  assess the profits which the infringer has made as a 
result of his infringing act and to pay this over to the right holder. 
 
23.  Please describe in detail the provision al procedures and remedies available to right 
holders under the laws of Ghana, citing to the relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and 
remedies. 
 
(i) The Court may grant an Anton Pillar Order after the case has started.  Under this 
order the defendant is required to admit ont o his premises a person named in the order 
to search for and take into custody any docu ment and any things specified in the order 
to preserve the evidence for trial. 
 (ii) The Court also has powers to adjudicate on the enforcement of intellectual property 
rights and take provisional measures befo re the full trial including the grant of 
interlocutory injunctions. 
 
(iii) The Court can also award interim damages. The right holder must show that it is 
likely that at a full trial a substantial award of damages will be made by the court and 
pending the assessment of the issues at trial there should be an interim payment. 
 
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
24. Please describe in detail the procedu res under the laws of Ghana that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation.   
 Section 1 of the Merchandise Marks Act 1964 ma kes it an offence for any person who falsely 
applies to goods any trade mark or any mark so nearly resembling a trade mark as to be likely to 
deceive.  The person is guilty of misdemeanour and when convicted any goods and things of any kind 
by means of or in relation to which the offence is  committed shall at the discretion of the court be 
forfeited to the Republic.    
 Section 12 of the Merchandise Marks Act empowers the comptroller of customs upon 
representation made to him that the use of trade ma rk is fraudulent to order the importer or his agent 
to produce any documents in his possession relating to the goods and also furnish information as to 
the name and address of the person by whom the goods  were consigned to Ghana;  and the name and 
address of the person to whom the goods were sent in Ghana.  The comptroller may communicate to IP/Q/GHA/1, IP/Q2/GHA/1,  
IP/Q3/GHA/1, IP/Q4/GHA/1 Page 44 
 
 any person whose trade mark is being infringed an y information obtained from the importer of the 
goods or his agent. 
 
25.  Please indicate if border enforcement is ava ilable to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law.  
 Under section 12 of the Merchandise Marks Act, the Comptroller of Customs may seize 
goods imported into the country if he is satisfied  that the use of a trademark is fraudulent. The 
comptroller may ask the importer of the goods or an agent of the importer to produce any document in 
relation to the goods and give information about the name mid address of the person by whom the 
goods were consigned to Ghana and the name and address of the pers on in Ghana to whom the goods 
were consigned.  Failure to comply with this request  is an offence and renders the defaulter liable to a 
fine.  26. Article 58 of the TRIPS Agreement speci fies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Ghana are empowered to act ex officio and, if so, please identify the in tellectual property areas 
subject to ex officio action. 
  There are no provisions for competent authorities to act ex officio . 
 K. C
RIMINAL PROCEDURES  
27. Please describe in detail how the laws of Ghana implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation. 
 
 The draft Trade Marks Act provides for criminal  sanctions for intentional infringement of a 
trademark.  Under the draft Law, a person who k nowingly infringes a trademark is guilty of an 
offence punishable by a fine or by imprisonment for a term of 2 years. 
 
28. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence.  Please describe the provisions in the laws of 
Ghana that provide for such remedies, and descri be the circumstances in which those remedies 
would be imposed, citing to the relevant provisions of law or regulation. 
 
  The courts have jurisdiction to order defenda nts to deliver infringing goods and copies as 
well as materials or implements used in their production.  
 There is also a provision under section 1(3) of the Merchandise Marks Act 1964 for the 
forfeiture of any goods and things of any kind by means of which an infringement of trademarks is 
committed.   IP/Q/GHA/1, IP/Q2/GHA/1,  
 IP/Q3/GHA/1, IP/Q4/GHA/1  Page 45 
 
 
29. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws of Ghana that provide for such procedures and remedies, citing to the 
relevant provisions of law or regulation. 
 
 Section 72 of the Patent Law 1992 provides for a fine and imprisonment of not more that two 
years or both for international infringement. The Merchandise Marks Act, 1962 also contains 
provisions making false application to goods of any trade mark a misdemeanour. Under the draft 
Trade Marks Act wilful infringement of a trademark,  is an imprisonment for a term of two years. 
 
L. S
TATISTICAL QUESTIONS  
30.  Please provide statistical information related  to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing 
products seized;  infringing equipment seized;  cases resolved (including settlement); and the 
amount of damages awarded. 
 
 The current Copyright Law provides civil, cr iminal and arbitration settlement remedies for 
copyright infringement. The stakeholders as well as the Copyright Office and the Law enforcement 
agencies ensure that the law is enforced.  However data in this area is yet to be compiled. 
 31.  Please provide statistical information rel ated to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting.  
 
 Raids are effected upon information by the Co pyright Monitoring Team and in collaboration 
with the police.  However the Copy right Office has put into place an authentication/anti-piracy system 
of adhesive labels which are used to authenticat e genuine as against pirated musical works.  The 
Monitoring Unit of the Copyright Office regularly monitors the application of the authentication 
devices for musical works.  Regular raids are also organized for literary and audiovisual works by the 
national anti-piracy committees.  Those convicted of infringement are often given fiscal sentence. 
However a court recently sentenced a Copyright infri nger to six months imprisonment.  No authentic 
statistics arc immediately available. 
  
__________ 