Ghana

General Information

• Capital: Accra
• Population: 19.4 million
• Area: 239 460 km2
• Languages: English – official language
• Exports: Cocoa; gold; timber; manganese; tuna; bauxite; aluminium; diamonds
• Imports: Capital equipment; petroleum; consumer goods; food; intermediate goods
• Currency: Cedi

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union (Paris). Ghana is also a signatory to the WIPO Treaty, signatory to the WIPO Performances and Phonograms Treaty and also a member of ARIPO.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Twelve prints of the trade mark – device marks.

Classification

International classification of goods and services. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior existing registrations and/or applications.

Opposition

Opposition may be lodged within two months following advertisement of the trade mark application or such further periods as may be allowed by the Registrar.

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of 10 years and, thereafter, renewable for further periods of 10 years.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) License agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill of the business.

Recordation is required. 

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

The government of Ghana has drafted a new general product labelling law that affects not only imported food and drugs, but all imports regulated by the Ministry of Trade. Whilst the implementing regulations have not been finalised, a limited number of products (such as petroleum and fish) administered by other sector ministries are likely to be exempted.

Imports covered under the legislation must have goods identified in English, provide a point of origin, identify ingredients and indicate an expiration date for perishables. Improperly identified food and drugs will be tested by the Ghana Standards Board for purity and subjected to a fine (if approved for consumption) or otherwise confiscated.

All imports must state ingredients, name and address of the producer and manufacturer, and date of manufacture and expiration. Drug items must include instructions for their safe use. 

Patents

General

Patent protection is obtainable via a national filing or by way of an ARIPO application. Ghana is also a member of the International Convention, PCT and WTO.

Patentable Subject Matter

An invention is patentable if it is new, involves an inventive step, and is industrially applicable. Inventions may relate to either products or processes.

The following are not Patentable Subject Matter:

Discoveries, scientific and mathematical theories;
plant or animal varieties or essentially biological processes for the production of plants or animals, other than microbiological processes ad the products of such processes;
schemes, rules or methods for doing business, performing purely mental acts or playing games;
methods of treatment of the human or animal body by surgery or therapy, as well as diagnostic methods (although products for use in such methods are patentable);
mere presentation of information;
computer programs. 

Filing Requirements

A copy of the specification in English is needed. Neither legalization nor notarisation of any document is required.

Novelty

An invention is new if it has not been made available to the public anywhere in the world by means of written disclosure, or by oral disclosure, use, exhibition or other non-written means before the date of filing, or the priority date.

Examination

An application is subjected to formal examination and the Registrar will cause a search and examination to be carried out as to whether the substantive requirements of the law have been met.

Duration/Maintenance

The initial duration of a patent is ten years from filing. The patent can be extended for two additional five year periods by filing proof of Working. Maintenance fees are payable annually. Based on a strict interpretation of the Act, the first fee is due as from the first anniversary of filing but the Registrar maintains that the first fee is payable only from the second anniversary of filing.

Working

Compulsory licences may be granted after the earlier of four years from the filing date or three years from the date of grant, if the invention is not being worked or not being worked sufficiently to meet market demand, if working is being hindered by importation, or if by refusal by the patentee to grant a licence on reasonable terms, development of commercial activity or export is unfairly and substantially prejudiced.

Licences/Assignments

Assignments, Licences, and modifications of licences, must be registered.