Registration of Intellectual Property in Ghana

Registration of intellectual property in Ghana is key to safeguarding one's intellectual efforts from infringement. Intellectual property law of Ghana encompasses intellectual property (IP) laws in Ghana, such as laws governing copyright, patent, trademark, industrial design rights, and unfair competition. The main intellectual property laws in Ghana include the Copyright Act, 2005 (Act 690), the Patents Act, 2003 (Act 657), the Trademarks Act, 2004 (Act 664), the Industrial Designs Act, 2003 (Act 660) and the Protection Against Unfair Competition Act, 2000 (Act 589). These are supplemented by regulations passed by the Legislature to augment the rate of development under IP laws.

In Ghana, the creator or author of a work is entitled to the copyright and protection afforded to that work under the Copyright Act.Section 1(1); Copyright Act, 2005 (Act 690) However, in situations where a person is hired specifically for the creation of the work, the one who can claim ownership of the copyright will be the employer.Section 7; Copyright Act, 2005 (Act 690) Also, if an author sells out his or her entire Economic Rights (which is usually for a stipulated period of time), then during the time when the license is in force, ownership of copyright is temporarily vested in the licensee (i.e. the one who purchased the license from the original creator).http://www.quorum-online.com/Services/IntProp.htm

Registration

For a person to be able to register their Copyright in Ghana, the person must first be a citizen or a person who ordinarily resides in the Republic of Ghana.Section 1(2)(c)(i) Copyright Act, 2005 (Act 690) Also, the work must first be published in the country and where work is first published outside the Republic, it must be subsequently published within the country; between thirty days of its publication outside the Republic ... “irrespective of its artistic quality”.Section 1(2)(c)(ii); Copyright Act, 2005 (Act 690) In the case of Shah v Barnet London Borough Council, Lord Scarman defined an ordinary resident as ‘a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration’.Shah v. Barnet London Borough Council 1 ALL ER 226 Moreover, the Act provides for the kind of works which will be eligible for copyright protection such as musical work, sound recording, audiovisual work, choreographic work amongst others.Section 1(a); Copyright Act, 2005 (Act 690)

The Act provides for the registration of a copyright work and section 39(3) is to the effect that, a publisher of a work may submit the work for registration by the Copyright Administrator after it has been published and two copies of the best edition may be deposited at the Copyright Office.Section 39; Copyright Act, 2005 (Act 690)

However, it is prominent to note that “Copyright protection of a work is not dependent on the registration of the work”, which means, copyright arises automatically and one need not register his work for copyright protection so long as it is original.Section 39(4); Copyright Act, 2005 (Act 690)

Registration of Copyright provides a primary facie evidence of ownership.Section 40(1); Copyright Act, 2005 (Act 690) Duration of protection lasts for the lifetime of the author plus an additional seventy (70) years after his death.Section 12(1); Copyright Act, 2005 (Act 690) The author can also assign economic rights not moral rights.Section 9(1); Copyright Act, 2005 (Act 690)

General Parties need not register in order to obtain copyright protection for their works, however, parties seeking to enforce their copyright in Ghana may wish to register their works to establish evidence of ownership should enforcement actions be necessary. Right-holders register their copyright with the Copyright Office within the office of the Attorney.

The right to reproduce the work in any manner or form;

to translate, adapt, arrange or transform the work in any other way; The right to perform the work publicly, communicate it or broadcast it; The right to distribute to the public either originals or copies of the work through first sales or other distribution methods; and The right to rent to the public originals or copies of the work for commercial gain.Section 5; Copyright Act, 2005 (Act 690)

Law of patent and registration

Introduction

A patent according to section 1 of the Patent Act, is the right to protect an invention.Section 1; Patents Act, 2003 (Act 675) In the Massachusetts Circuit Court ruling in the patent case of Davoll et al. v. Brown, Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks he rears."1 Woodb.& M.53, 3 West.L.J.151,7 F. Cas.197, No.3662, 2 Robb.Pat.Cas. 303, Merw.Pat.Inv. 414

Application for registration of patent

The application for the registration of a patent is required to be filed with the Registrar and should contain a request for the patent, a description of the invention seeking patent protection, and where required, drawings of it.Section 5(1); Patents Act, 2003 (Act 675) The applicant must pay the prescribed application fee.Section 5(2); Patents Act, 2003 (Act 675) The request should contain a petition to the effect that a patent be granted, it should also include important details of the applicant, the inventor and the agent, if any, as well as the title of the invention.Section 5(3); Patents Act, 2003 (Act 675) In circumstances where the applicant is not the inventor, the request shall be submitted with a justification as to the applicant's right to the patent.Section 5(4); Patents Act, 2003 (Act 675) The description disclosing the invention should be distinct, clear and easily understood, such that a person having ordinary skill in the art is capable of carrying out the invention. It should also indicate at least one mode of carrying out the invention.Section 5(5); Patents Act, 2003 (Act 675) The essence of a claim in the request is to define the subject matter of the protection.Section 5(6); Patents Act, 2003 (Act 675) Claims must be clear and concise and supported by the description.Section 5(7); Patents Act, 2003 (Act 675) Drawings would only be necessary for the understanding of the invention.Section 5(8); Patents Act, 2003 (Act 675) The applicant may, withdraw the application during the period of wait for the grant of the application.Section 5(10); Patents Act, 2003 (Act 675)

The application should relate to one invention only or where they are a group of inventions, they must be linked so as to form a single inventive concept.Section 6(1); Patents Act, 2003 (Act 675) The applicant may opt to amend the application prior to the grant of the right, however, such amendment must not affect the core of the initial disclosure made.Section 6(2); Patents Act, 2003 (Act 675) The applicant may divide the application into divisional applications but each divisional application is only limited to that before the initial disclosure.Section 6(3); Patents Act, 2003 (Act 675) Each divisional application shall have a filing date and, where applicable, a priority date.Section 6(4); Patents Act, 2003 (Act 675) It is noteworthy however, that a patent would not be invalidated because it does not comply with the requirement of unity as in subsection (1) of section 6.Section 6(5); Patents Act, 2003 (Act 675)

Filing date; examination

The date of receipt of the application shall be recognised as the filing date if as at the time of receipt, the application contained indications as to the request for a patent grant, indications as to the identity of the applicant and a description of the invention.Section 9(1); Patents Act, 2003 (Act 675)

The Registrar may request the applicant to make corrections to his application if the requirements are not met.Section 9(2); Patents Act; 2003 (Act 675) If the application refers to drawings, which are not included in the application, the applicant would be requested to produce those drawings.Section 9(4); Patents Act, 2003 (Act 675) The Registrar may then assess if the application complies with the requirements of section 5 subsections (1), (2), (3) and (4), and the other requirements indicated as formal requirements and whether information requested under section 8, if any, has been provided.Section 9(6); Patents Act, 2003 (Act 675) Where the Registrar is satisfied that the application complies with such requirements, the Registrar shall cause the application to be examined as to whether the requirements of sections 1(2) and (3), 2, 3, 5 (5), (6), (7), (8), and 6 have been complied with.Section 9(7); Patents Act, 2003 (Act 675) The Registrar would however, take in to consideration international reports or findings relating to the application.Section 9(8); Patents Act, 2003 (Act 675)

Grant of patent

The Registrar grants the application if the requirements enshrined in sections 9(6) and 9(7) are complied with.Section 10(1); Patents Act, 2003 (Act 675) He may, however, refuse same if there is non-compliance and notify the applicant of the refusal.Section 10(1)(b); Patents Act, 2003 (Act 675)

When the patent right is granted, a publication of the reference of the grant to the patent shall be made, and the certificate of the grant of patent, as well as a copy, a record of the patent made available to the public; on payment of the prescribed fee.Section 10(2); Patents Act, 2003 (Act 675) The Registrar's final decision concerning the application should be made not exceeding two years after his examination.Section 10(3); Patents Act, 2003 (Act 675) The owner of the patent, may request that changes be made in the text or drawings of the patent in order to limit the extent of the protection.Section 10(4); Patents Act, 2003 (Act 675) However, no change will be made if the change would result in a disclosure which goes beyond the disclosure contained in the initial application on the basis of which the patent is granted.Section 10(5); Patents Act, 2003 (Act 675)

Industrial designs act, 2003 (ACT 660) An industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.Section 1(1)(a); industrial Designs Act, 2003 (Act 660) An industrial design can be a two-or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

Process of application for registration

Registration of Intellectual Property in Ghana

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