INTELLECTUAL PROPERTY RIGHTS IN GHANA
First Renewal Term
Subsequent Renewal Term
In Ghana, the trademark applications must be filed with the Intellectual Property section of the Registrar General's Department (RGD) under the Ministry of Justice.
Ghana is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.
A separate trademark application has to be filed for each class.
The interested third parties may file opposition actions against a trademark application within two (02) months following its publication date in the Official Gazette.
The registered trademarks have a validity of ten (10) years from the date of application in Ghana, which can be further renewed indefinitely for periods of ten (10) years.
Ghana is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.
The Patents Act, 2003 (Act 657) (Patents Act) and the Patents Regulations 1996 (L.I. 1616) (Patents Regulations), deal with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in Ghana.
In Ghana, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Ghana include Non-Convention Application, Convention Application, and Divisional Application.
Utility Model Protection is available under the patent law.
Ghana is a member of the Paris Convention, ARIPO, and Hague Agreement.
The Industrial Designs Act, 2003, deals with the mechanism of registration of industrial designs; however, the Ghana Designs Office, at present, doesn't accept national design applications as the Design Regulations have not yet been promulgated. As of now, industrial design protection in Ghana may be obtained through an ARIPO industrial design application designating Ghana.
The types of industrial design applications in Ghana include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Ghana.
Opposition against an industrial design application can be raised in Ghana.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Ghana.
Ghana is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act, 2005 deals with the mechanism of copyright protection in Ghana.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.