Intellectual Property Laws at Ghana
Ghana's intellectual property (IP) legal framework is comprehensive, encompassing various laws that protect creations of the mind. Here's an overview of the key IP laws in Ghana:
📚 Copyright Act, 2005 (Act 690)
Scope: Protects original works of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture
Duration: The protection lasts for the life of the author plus 70 years after their death
Moral Rights: Authors have the right to be identified as the author of their work and to object to any distortion or mutilation of it
National Folklore Board: Established to protect and promote works of folklore, such as Kente, Adinkra designs, folksongs, and folktales Commercial exploitation of these works requires authorization from the Board
🏷️ Trademarks Act, 2004 (Act 664)
Scope Provides for the protection of trademarks and collective mark.
Duration Trademark registration is valid for ten years from the application date and can be renewed indefinitely for additional ten-year period.
Madrid Protocol Ghana is a member, allowing for international trademark registration.
Infringement Unauthorized use of a registered trademark can lead to legal action, with penalties including fines or imprisonment.
🧪 Patent Act, 2003 (Act 657)
*Scope: Protects inventions that are new, involve an inventive step, and are capable of industrial application.
*Duration: Patent protection lasts for 20 years from the filing date, provided that annual maintenance fees are pad.
*Utility Models: Also known as "minor patents," these protect inventions with a lower degree of inventiveness. Protection lasts for seven years, with no option for renewal.
🎨 Industrial Designs Act, 2003 (Act 660)
*Scope: Protects the aesthetic aspect of an article, including its shape, configuration, pattern, or ornamentation.
*Duration: Initial protection lasts for five years and can be renewed for up to two additional five-year terms, totalling 15 years of protection.
*Requirements: The design must be new and have individual character.
🛡️ Enforcement and Administration
Registrar General's Department (RGD: Responsible for the registration of trademarks and industrial designs.
Copyright Offic: Handles the registration of copyrights and enforcement of copyright laws.
Legal Recourse: IP owners can seek enforcement through civil litigation or administrative procedures.
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