Is Custom Recordal of Intellectual Property Rights (IPRs) available in Ghana?
Yes
Is Custom Recordal of IPRs compulsory in Ghana?
No
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Ghana?
Yes
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Ghana?
The Trademarks Act, 2004 (Act 664) - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Ghana.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The preventive department with the Customs is chiefly responsible for blocking infringing goods and otherwise illicit material from entering the country. Also, it is their responsibility to attend any informational workshop held by rights holders to train or help identify the nature of infringing goods. The Customs are also authorized to inspect warehouses and take samples of the goods suspected of any infringement.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
If a rights holder believes that his goods are susceptible to any infringing activities, he can hold an informational workshop, which is attended by the customs officers from around the country in which the producer and rights holder describe in supply the prototype of authentic and counterfeit goods.
Furthermore, the rights holders with the requisite evidence may submit a written request of detention to the customs, independent of any customs investigation or action. This written request must provide all the evidence that demonstrates a high likelihood that the infringement is occurring and that injunctive action is necessary to avoid further damage.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
According to the Trademarks Act, the request must include the following information:
The number of packages expected;
A description of the goods by marks or any other particulars sufficient for identification;
The details of the means of conveyance and the expected date of arrival of the goods in the country;
The reasons for which the detention is requested; and
Any other information the Commissioner may require.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
No
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Ghana by land, sea, and air?
There are multiple borders and ports; however, the custom recordal system is centralized.
Is there an online system for Custom Recordal in Ghana?
There is no online system for Custom Recordal in Ghana.
What is the official fee for Custom Recordal in Ghana?
There is no such fee for recordal; however, a deposit is ought to be made to cover the expense, which may be incurred in the examination of these goods.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Ghana?
Yes
In which scenario does the customs department/authority suspend the clearance of imported goods?
If the customs agent believes that a shipment of products or goods contain infringing objects, the agent can stop the shipment at the border.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Yes
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Yes
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Yes
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
No
If the answer to the above question is 'Yes,' then what is the deadline to do so?
N/A
Does the IP rights holder need to pay an additional bond for the detention of goods?
Yes
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
The Customs officers indicate that a bond is normally only required in situations where the goods themselves are ‘gray market,’ that is authentic, but sold outside an authorized sales territory or by an unauthorized dealer in an authorized sales territory. Under these circumstances, the goods are impounded and a bond is paid until the parties havereached an agreement on the goods or a court has determined the outcome of the dispute. The amount of the bond is determined on a case-to-case basis.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The customs authority, after identifying the allegedly infringing goods, notifies the counterparts, the infringer and the rights holder, about the retention of such goods. In addition to such information, the samples are collected to facilitate decision-making.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
If the parties fail to reach an agreement, the customs require the settlement of dispute through the institution of the suit in the court.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
No
Are there any disadvantages of Custom Recordal of IPRs in Ghana? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
The court may require the submission of other documents as well.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The Court of Justice may order the destruction of goods, which are found to be of infringing nature.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?
