WORLD TRADE
ORGANIZATIONIP/N/1/GHA/1
22 April 2002
(02-2261)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
GHANA
By means of communications from its Permanent Mission, dated 26 and 27 November 2001,
and 1 March 2002, the following notification has been received from Ghana under Article 63.2 of the
Agreement.
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In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the procedures laid down by the Council for Trade-Related Aspects ofIntellectual Property Rights in November 1995, the Government of the Republic of Ghana hereby
notifies the Council of its laws and regulations relating to the fields covered by the Agreement, as
follows:
- The "main laws and regulations" are listed in Annex I.- "Other laws and regulations" are listed in Annex II.- Some information on the draft legislation is given in Annex III.- Answers to the Checklist of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/GHA/1.IP/N/1/GHA/1
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Patents
The Patent Law, 1992, PNDCL.305A. 2The current patent legislation makes provision for
original registration of patents upon satisfaction
of the criteria of absolute novelty, inventive step,and industrial application.
The law also establishes a system of utility
certificates to encourage local inventiveness.
Ghana has joined the Patent Cooperation Treaty
(PCT) and the Law makes provision for
international application.
Details of the new Patent Bill due to be laidbefore Parliament in order to comply with
international obligations are provided in
Annex III.
Trademarks
The Trade Marks Act, 1965, (Act 270). 3
This Act however entered into force only afterthe passage of the Implementing Regulations in
1970.This Act provides for the registration of original
marks which are able to distinguish goods of
applicants.  It enables marks to be registered inPart A or B of the Register depending upon their
distinctiveness.
The present legislation does not make provision
for service mark registration and does not
recognise well - known marks.  Details of thenew Trademark Bill which is due to be laid
before Parliament are attached at Annex III.
The 1964 Merchandise Marks Act relates to
fraudulent marks on merchandise.
                                                     
2 See document IP/N/1/GHA/P/1.
3 See document IP/N/1/GHA/T/1.IP/N/1/GHA/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Industrial designs
The United Kingdom Designs (Protection)
Ordinance of 1928 (Chapter 182) and the Textile
Design (Registration) Decree of 1973, NRCD
213. 4Presently, Ghana has no original industrial design
legislation.  It is still based on English law and
provides automatic registration of all designsregistered in the United Kingdom.
The legislation protects only textile designs.  This
provides for the registration of both local and
international textile designs.  This law
specifically excludes well-known designs such asGhana’s kente.   There are also provisions for
protection of some aspects of design law under
the Copyright Law of 1985.
Details of a composite Industrial Designs Bill
which is due to be laid before Parliament are
outlined in Annex III.
Unfair competition
Protection Against Unfair Competition Act, 2000
(Act 589). 5This Act was passed in order to provide for
protection against unfair competition.Unregistered marks are also protected under this
Act.
                                                     
4 See document IP/N/1/GHA/D/1.
5 See document IP/N/1/GHA/U/1.IP/N/1/GHA/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright
The Copyright Law, 1985, PNDCL 110. 6This Law provides protection to authors for the
list of protected works under section 2 of the Law
for a period of the life of the author and 50 yearsafter 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 also establishes a Copyright Office and
provides criminal sanctions for the infringement
of copyright.
However, technological changes, new
international obligations and the need for
enhanced enforcement provisions to be anchored
in the law, led to the drafting of a new CopyrightBill which is due to be laid before Parliament.
Details are contained in Annex III.
                                                     
6 See document IP/N/1/GHA/C/1.IP/N/1/GHA/1
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Customs
Customs Excise and Preventive Service
(Management) Law, 1993, PNDCL 330.The law specifies the functions and duties of
customs officials.
Civil judicial procedures and remedies
High Court (Civil Procedure) Rules, 1954,
LI140A.
Supreme Court Rules, 1996, CI 116.These rules govern judicial proceedings and
prescribes modalities of civil proceedings in the
superior courts of Judicature.
Criminal proceedings
Criminal Code 1960, Act 29.
Criminal Procedure Code 1960, Act 30.These Codes regulate the criminal law andprocedure to be followed in summary and
indictable proceedings.IP/N/1/GHA/1
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ANNEX III
SOME INFORMATION ON THE DRAFT INTELLECTUAL PROPERTY LAWS
Legislative work for the adoption of new intellectual property legislation will be completed
by the end of the next meeting of Parliament, which is scheduled for March 2002.   The delay is due
to several factors:  the complexity of some of the legislation; the change of government and the
assumption of office by a new ruling party; which subjected all the proposed bills to thorough review,
and the pressure of legislative work.
This new legislation will ensure compliance with the Agreement on Trade-Related Aspects of
Intellectual Property Rights.  When compared with existing legislation, the new legislation will makethe following changes:
Patents
The new Bill seeks to:
- amend section 62 of the Patent Law to incorporate fully the requirements of
Article 34 of the Agreement on TRIPS with regard to the reversal of the burden of
proof in cases of infringement of process patents;
- change the term of protection of patentability from ten to twenty years;
- delete the requirement that a patent should be worked in the country within a ten-year
period;
- remove the existing provisions relating to temporary exclusion with the exception of
those allowed under Article 27.1 of the Agreement on TRIPS;
- amend the provisions on compulsory licensing in the light of the obligations under
Articles 27.1 and 31 of the Agreement on TRIPS;
- create offences for persons who knowingly infringe patents.
Trademarks
The new Bill seeks to:
- protect against the use of identical or similar signs for goods or services that are
identical or similar to goods already in circulation;
- protect well-known marks in compliance with Articles 16.2 and 16.3 of the
Agreement on TRIPS;
- provide ten-year periods of protection;- provide for the removal of a mark after an interrupted period of at least three years of
non-use;
- to provide protection for service marks;- establish criminal sanctions for infringement.IP/N/1/GHA/1
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Industrial Design
The new Bill seeks to:
- protect the aesthetic appearance of a product and designs not dictated essentially by
technical or functional considerations;
- apply the first to file system;- apply the concept of absolute novelty;
- allow right of priority under the Paris Convention;
- prevent third parties not having the owners’ consent from making, selling or
importing articles or products with copied designs;
- provide a five-year term of protection  with an option to renew for two further five-
year terms.
Geographical Indications
The new  Bill seeks  to:
- protect a geographical indication regardless of registration;- provide a system of geographical indications protection which complies with
Article 22 of the Agreement on TRIPS;
- provide an effective regime of both civil and criminal sanctions to prevent the
unlawful use of a geographical indication;
- establish a registration system for geographical indications for those producers
carrying on activity within a specified geographical area of Ghana.
Layout-Designs (Topographies ) of Integrated Circuits
The new Bill seeks to:
- provide protection of layout-designs of integrated circuits in order to comply with
Article 35 of the Agreement on TRIPS;
- protect only original layout-designs in that the design must be the result of the
creator’s own intellectual effort and should not be known amongst creators andmanufacturer’s of integrated circuits at the time of its creation;
- establish a ten-year term of protection;- provide effective protection for those who without the authorization of the right
holder import, sell or distribute a protected layout-design;
- create offences for persons who  knowingly perform any unlawful acts.IP/N/1/GHA/1
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Protection of Plant Varieties
The new Bill seeks to:
- protect a plant variety if it is new, distinct, uniform and stable for twenty and twenty-
five years in cases of trees and vines;
- give the right of registration to the breeders;- make unlawful the exploitation of the propagating material of the plant variety by
third parties without the authorization of holder of the breeder’s right;
- provide for exhaustion of rights;
- provide exceptions for private and experimental purposes by the Minister;- establish a system of compulsory licenses;- provide civil remedies and criminal sanctions for wilful infringements.
Copyright
The new Bill seeks to:
- revise the existing legislation in conformity with technological changes and
international obligations;
- broaden the definition of folklore and establish a National Folklore Board;
- increase the term of protection to life of the author plus seventy years after his death;- strengthen provisions on the authentication of copyright works;- impose levy for audio-visual works and other equipment used for copying protected
materials;
- increase protection for collective management of rights;- enhance fines and penalties for infringement.
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