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Enforcement of IPRs in Ghana


Enforcement of IPRs
The main reason for medicinal counterfeits is that there is a lack of availability, and on finding cheaper alternative, the consumers may be easily lured into buying such products. Also, authors, performers, innovators, designers, and other persons in the creative industry in Ghana are not aware of their rights to commence a legal action if their IPRs are infringed upon. As a result, some offenders go unpunished.
Pharmaceuticals, mobile phones, and medicinal products are most affected when it comes to counterfeiting and piracy in Ghana.
They are as follows:
  • They are as follows:
  • Protection against Unfair Competition Act, 2000 (Act 589);
  • The Industrial Designs Act, 2003 (Act 660);
  • The Geographical Indications Act, 2003 (Act 659);
  • The Patents Act, 2003 (Act 657);
  • The Trademarks Act, 2004 (Act 664);
  • The Layout-Designs (Topographies) of Integrated Circuits Act, 2004 (Act 667); and
  • The Copyrights Act, 2005 (Act 690).
Designs, GIs, Patents, Trademarks, Topographies of Integrated Circuits, and Copyright are the different types of IPRs protected by IPR enforcement in Ghana.
Firstly, it is important to have an overall strategy to protect your IP. Secondly, the IP may be protected differently in Ghana than in different jurisdictions since IPRs are territorial in nature. Thirdly, the rights must be registered and enforced in Ghana under the local laws.
Yes; actions are barred generally after 02 years; however, where the action is founded on tort, simple contract, quasi-contract, enforcing a recognizance, enforcing an award where the arbitration is under any enactment other than the ADR Act, and recovering any sum recoverable by virtue of any enactment, it may be extended to 06 years.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority - The standard High Courts, the “fast track” High Courts, and the commercial High Courts
B) Imprisonment Term - Trademarks: up to 02 years; Copyright: up to 03 years; Patents: up to 02 years.
C) Monetary Fine - Trademarks: A fine not exceeding 500 penalty units; Copyright: a fine of up to 1000 penalty units (currently 1 penalty unit = GHC 12.00, the current maximum fine is GHC 12,000.000); Patents: a fine not exceeding 2000 penalty units (currently, a penalty unit is equal to GHC 12.00; the maximum fine is GHC 24,000.00).
Alternative dispute resolution (ADR), particularly negotiation, mediation, and arbitration, is gaining prominence as a preferable alternative to litigation due to the cost, delay, and alienation associated with litigation. The courts, under the Courts Act 1993 (Act 459) and the Alternative Dispute Resolution Act 2010 (Act 798) (ADR Act), can propose amicable settlement of disputes among litigants, and this has been widely received, particularly by parties with large commercial disputes.
The remedies available under border control measures (customs) in Ghana include destruction of infringing goods.
The applicant must bear the costs of customs intervention during enforcement.
If the IP rights holder abuses the enforcement measures taken by the Customs, the authority may release goods from detention and withhold taking further action to remove such goods.
Court Proceedings