Industrial Designs Law in Ghana
Sure! Here’s an overview of Industrial Designs Law in Ghana:
Industrial Designs Law in Ghana
Legal Framework
Industrial designs in Ghana are governed primarily by the Registered Designs Act, 1965 (Act 285) and the Industrial Property Regulations, 2006 (L.I. 1828).
The Registrar-General’s Department (RGD) is responsible for the registration and administration of industrial designs.
Ghana is a member of the Paris Convention for the Protection of Industrial Property and a member of the World Trade Organization (WTO), thus complying with the TRIPS Agreement.
Ghana is not a member of the Hague Agreement for international design registration.
Key Features
1. What Can Be Protected?
Industrial designs refer to the visible ornamental or aesthetic aspect of an article.
Includes features such as:
Shape
Pattern
Configuration
Lines
Colours
Protection applies to the design of the whole or part of a product.
2. Requirements for Protection
The design must be new and original.
It must have an individual character, meaning it creates a different overall impression on the informed user compared to existing designs.
Designs dictated solely by technical function are excluded from protection.
Designs contrary to public order or morality are not protectable.
3. Registration Process
Applications are submitted to the Registrar-General’s Department (RGD).
The application must include:
Representations of the design (drawings, photographs).
A brief description.
Formal examination is conducted to check compliance with formal requirements.
There is no substantive examination for novelty by the RGD.
Registered designs are published in the Industrial Property Journal.
Third parties can oppose a design registration within a prescribed period after publication.
4. Duration and Renewal
Initial protection is granted for 5 years from the date of filing.
Protection may be renewed for two further periods of 5 years each.
Maximum protection term is 15 years.
5. Rights Conferred
The owner has the exclusive right to prevent unauthorized making, using, or selling of products bearing the registered design.
The rights may be assigned or licensed.
6. Infringement and Enforcement
Infringement disputes are resolved in the courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Criminal penalties may apply for counterfeiting or willful infringement.
7. International Treaties
Ghana is a party to:
Paris Convention
TRIPS Agreement
Ghana is not a member of the Hague System.
Protection in other countries requires national filings or use of other international treaties.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Registered Designs Act, 1965 (Act 285) |
| Registration Authority | Registrar-General’s Department (RGD) |
| Protection Duration | 5 years, renewable up to 15 years |
| International Systems | Paris Convention, TRIPS |
| Enforcement | Civil and criminal remedies via courts |
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