Managing Business Intellectual Property Rights in Ghana: A Practical Perspective By Sarah Norkor Anku: Ghana is increasingly seen as the gateway to Africa, with its stable political environment, dynamic economy, and attractive business incentives. As businesses look to expand into this promising market, understanding and managing intellectual property rights (IPRs) becomes crucial. In this article, Sarah Norkor Anku, Managing Attorney and Consultant at SN Anku IP Firm in Ghana provides practical insights into the IP landscape in Ghana and offers guidance on navigating this complex terrain.
Ghana's IP legal framework is robust, aligning with international norms and standards through various agreements such as the Paris Convention, Berne Convention, and WTO – TRIPs Agreement. The Ghana Industrial Property Office (GHIPO) and the Copyright Office administer these rights, ensuring that IP laws, including those on patents, trademarks, and industrial designs, are enforced effectively.
While copyright protection is automatically acquired upon creation, registering works at the Copyright Office provides prima facie evidence of ownership and facilitates enforcement. Conversely, industrial property rights require registration at GHIPO, a process that can be complex and time-consuming. Foreign entities must use local attorneys recognized by the Registrar of Industrial Property for registration.
Ghana's Commercial Division of the High Court has jurisdiction over IP enforcement. Despite delays, the court has actively addressed IP cases, setting precedents that often align with international standards. The court can grant injunctions and other orders to prevent infringement, making registration crucial for proving ownership and protecting rights.
Managing IPRs in Ghana presents challenges, such as registration delays and bad faith filings. The backlog of applications at GHIPO can extend the registration process, and the Trademark register needs updating to remove unused trademarks. To navigate these issues, businesses should conduct thorough IP due diligence, register licenses and technology transfer agreements, and use non-disclosure agreements to protect trade secrets.
r.-Ing. Sophie Ertl
Ghana offers a fertile ground for business expansion, but success requires careful management of intellectual property rights. Businesses must engage with local professionals to navigate the IP landscape effectively. SN Anku IP Firm, as the only registered end-to-end IP services firm in Ghana, is well-positioned to assist businesses in protecting their valuable assets and maintaining a competitive edge.
Please read The Full Article By Sarah Norkor Anku in Our Latest Edition on The Women's IP Annual 2024
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