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Custom Recordal of IPRs in Ghana

Ghana

Custom Recordal of IPRs
Yes
No
Yes
The Trademarks Act, 2004 (Act 664) - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Ghana.
Custom Recordal of IPRs is effective both on the import and export of goods.
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.
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.
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.
No
There are multiple borders and ports; however, the custom recordal system is centralized.
There is no online system 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.
Yes
If the customs agent believes that a shipment of products or goods contain infringing objects, the agent can stop the shipment at the border.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
No
N/A
Yes
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.
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.
If the parties fail to reach an agreement, the customs require the settlement of dispute through the institution of the suit in the court.
No
The court may require the submission of other documents as well.
The Court of Justice may order the destruction of goods, which are found to be of infringing nature.
No