Ghana is a member of the Paris Convention and the Madrid Protocol, but there are as yet no implementing provisions. Ghana is also a member of the WTO/TRIPS.

Provision is made for the registration of trade marks for goods and services and for collective marks.

Types of Trademarks registrable

Trade marks for goods
Trade marks for services
Collective trademarks.
Service marks are registrable.

Ghana operates a “Single-class” registration system (A separate application is required for each class). There are provisions for the registration of CERTIFICATION and SERIES MARKS.

No provisions for defensive marks.

Documents required for trademark registration

1. A simply signed Power of Attorney
2. Ten prints of the marks
3. Specification of goods
4. A priority document, if priority is to be claimed
5. Full details of the applicant

Renewals

A trade mark registration is valid for an initial period of 10 years from the date of filing and is renewable for like periods of 10 years each, upon payment of the applicable renewal fees.

Documents required for Assignments/Mergers

1. Power of Attorney, simply signed.
2. Deed of Assignment or other instrument of title, with verified English translation.

Documents required for change of name

1. Power of Attorney, simply signed.
2. Certificate of Change of Name, with verified English translation.

Licenses/Registered Users

1. Powers of Attorney, simply signed, from proprietor and licensee.
2. Declaration and Statement of Case, with verified English translation. Power of Attorney, simply signed.
3. License Agreement, with verified English translation.

Ghana is a member of the Paris Convention, the PCT, ARIPO (Harare Protocol) and the WTO/TRIPS.

Patent protection is available by way of a national filing, or via an ARIPO or a PCT application designating Ghana. Ghana has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving valid patent protection to applicants seeking to obtain a patent via an ARIPO application. Ghana has also enacted provisions to implement the PCT, thereby providing valid patent protection to applicants of international applications designating Ghana.

Filing Requirements:

National Phase PCT Application:

1. Power of Attorney (simply signed)
2. Specification, claims and abstract in English
3. Formal drawings, if applicable
4. Assignment of Invention
5. Copy of Published International Application
6. Copy of International Search Report
7. Copy of International Preliminary Report on Patentability

Patents of Invention (Non-PCT):

1. Power of Attorney (simply signed)
2. Specification, claims and abstract in English
3. Formal drawings, if applicable
4. Assignment of Invention
5. Priority document with verified English translation

Duration and Renewal

Granted patents are valid for 20 years calculated from the filing date. Maintenance fees are payable in respect of pending patent applications and granted patents. An annual fee is payable as from the first anniversary of filing. A grace period of six months is allowed for the late payment of the annual fee, subject to payment of surcharges. If an annual fee is not paid as provided, the patent lapses.

Ghana is a member of the Paris Convention, the Hague Agreement, the ARIPO (Harare Protocol) and the WTO/TRIPS.

Although Ghana has an Industrial Designs Act no 660 of 2003, the implementing regulations have not yet been passed. Accordingly, currently the Registry only accepts and processes applications relating to textile designs. All other designs are not registrable in Ghana by way of national filings pending the implementation of the regulations. Non-textile design applications filed with the Registrar’s office are only accepted for onward transmission to ARIPO for processing and registration by the ARIPO office.

Since Ghana has acceded to the Harare Protocol of ARIPO, design protection can be obtained in Ghana via an ARIPO application designating Ghana.

Ghana has also acceded to the Hague Agreement for the international registration of designs. The 2003 Act does not provide for the implementation of the Hague registration system, so that the position in regard to such registrations is not clear. 

Design protection is obtained by way of:

• design registration through ARIPO designating Ghana
• national registration in Ghana (for textile designs only).

As indicated above, registration under the Hague Agreement is uncertain.

Industrial Design cannot be directly filed in Ghana. It has to be filed through ARIPO designating Ghana, as Ghana does not have any regulation to support design applications

Ghana is a member of the Berne Convention, the WIPO Copyright Treaty and the WTO/TRIPS.

The following works are eligible for copyright protection:

• literary works
• artistic works
• musical works
• sound recordings
• audio-visual works
• choreographic works
• derivative works
• computer programs
• expressions of folklore.

Copyright does not extend to ideas, concepts, procedures, methods or other things of a similar nature.