INDUSTRIAL DESIGNS ACT - 2003 (ACT 660)

    • (1) For the purpose of this Act

      (a) a composition of lines or colours, any three-dimensional form or any material, whether or not associated with lines or colours,

      (b) a textile design

      is an industrial design where the composition, form or material gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft.

      (2) The protection under this Act is not applicable to anything in an industrial design which serves solely to obtain a technical result to the extent that it leaves no freedom as regards arbitrary features of appearance.

    • (1) Where a person creates an industrial design, the right to the registration of that industrial design belongs to the creator.

      (2) Where two or more persons create the same industrial design, the right to registration of that industrial design belongs to them jointly.

      (3) Where two or more persons have created the same industrial design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date, shall have the right to register the industrial design, as long as the application is not withdrawn, abandoned or rejected.

      (4) The right to an industrial design may be assigned, transferred or devolve by succession.

      (5) Where an industrial design is created in execution of an employment contract, the right to registration of the industrial design belongs, in the absence of contractual provisions to the contrary, to the employer.

    • (1) The creator shall be named the creator in the registration of the industrial design unless the creator indicates in a special written declaration signed by the creator and addressed to the Registrar that the creator does not wish to be named.

      (2) A promise or an undertaking by the creator made to any person to the effect that the creator will make a declaration referred to in subsection (1) is void.

    • (1) The Registrar shall record as the filing date, the date of receipt of the application, where, at the time of receipt, the application contains indications allowing the identity of the applicant to be established and the required graphic representations of the industrial design.

      (2) Where the application did not at the time of receipt, fulfill the requirements referred to in subsection (1), the Registrar shall invite the applicant to file the required correction and shall record as the filing date the date of receipt of the required correction, but if no correction is made the application shall be treated as if it had not been filed.

      (3) After recording the filing date, the Registrar shall ascertain whether

      (a) the application complies with the requirements of section 5;

      (b) the prescribed application fee has been paid; and

      (c) the industrial design complies with sections 1 and 2(4).

    • (1) Any interested person may within the prescribed period and in the prescribed manner give notice to the Registrar of any opposition to the registration of an industrial design on the ground that one or more requirements of sections 1 and 2 have not been fulfilled or that the applicant does not have a right to the registration of the industrial design.

      (2) The Registrar shall send a copy of the notice to the applicant within the prescribed period.

      (3) The applicant shall within the prescribed period and in the prescribed manner, send to the Registrar a counter-statement of the grounds on which the applicant relies for the application.

      (5) If the applicant sends a counter-statement, the Registrar shall on receipt of the counter-statement send a copy of the counter-statement to the person giving the notice of opposition.

      (6) The Registrar shall hear the parties if either or both wish to be heard and after considering the merits of the case, decide whether the industrial design is registrable.

    • (1) The registration of an industrial design shall be for a period of five years from the filing date of the application for registration.

      (2) The registration may be renewed for two further consecutive periods of five years upon the payment of the prescribed fee.

      (3) A grace period of six months shall be allowed for the late payment of the renewal fee on payment of the prescribed surcharge.

    • (1) A registered owner may surrender the industrial design by written declaration to the Registrar who shall record the surrender in the register and publish it in the prescribed manner.

      (2) The surrender is effective from the date on which it is recorded.

    • (1) Any interested person may apply to the Court to cancel the registration of an industrial design.

      (2) The Court shall cancel the registration of an industrial design if the person requesting the cancellation proves that a requirement of sections 1 and 2 has not been fulfilled or if the registered owner is not the creator or successor in title.

      (3) A cancelled registration of an industrial design or part of it is void from the date of the registration.

      (4) The Registrar of the Court shall notify the Registrar of the decision of the Court and the Registrar shall record it and publish a reference to it.

    • (1) A change in the ownership of the registration of an industrial design or in the ownership of an application for an industrial design, shall be in writing and shall, upon the request of an interested party made to the Registrar, be recorded and, except in the case of an application, be published by the Registrar.

      (2) A change under subsection (1) is of no effect against third parties until it has been recorded and published.

    • (1) A copy of each licence contract concerning

      (a) a registered industrial design,

      (b) an application for the registration of an industrial design

      shall be submitted to the Registrar who shall keep its contents confidential but shall record it and publish a reference of the licence contract.

      (2) A licence contract is of no legal effect against third parties until it has been recorded in accordance with this section.

    • The Registrar shall be responsible for all the functions relating to the procedure for the registration of industrial designs and for the administration of registered industrial designs as specified in this Act.

    • (1) The Registrar shall maintain a Register in which shall be recorded all matters required by this Act to be recorded.

      (2) The Register may be consulted by any person and extracts from the Register may be obtained subject to the prescribed conditions.

      (3) The Registrar shall publish in the prescribed manner all the publications provided for under this Act.

    • The Registrar may correct any error or translation or transcription, clerical error or mistake in any application or document filed with the Registrar or in any matter recorded pursuant to this Act.

    • (1) The Registrar on being satisfied that the circumstances justify it, may, upon receiving a written request, extend the time for doing any act or taking any proceeding under this Act, upon notice to the parties concerned and upon the terms as the Registrar may direct.

      (2) The extension may be granted though the time for doing the act or taking the proceedings has expired.

    • The Registrar shall, in exercising a discretionary power conferred by this Act, comply with article 296 of the Constitution.

    • If the ordinary residence or principal place of business of an applicant under this Act is outside the country, the applicant shall be represented by a legal practitioner resident and practising in the country.

    • Any decision taken by the Registrar in the performance of the functions under this Act, is subject to appeal as of right by any interested party to the Court.

    • (1) Subject to section 9(3) any act specified in section 9(2) performed by a person other than the registered owner and without the consent of the owner constitutes an infringement of the Industrial design.

      (2) On the application by

      (a) the registered owner; or

      (b) a licensee who has requested the registered owner to institute court proceedings for a specific relief and the registered owner has refused or failed to do so,

      the Court may grant an injunction to prevent any infringement or an imminent infringement, award damages and grant any other remedy as the Court considers appropriate in the circumstances.

      (3) Any person who knowingly performs an act which constitutes an infringement as defined in subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding two thousand penalty units or to a term of imprisonment not exceeding two years or to both.

    • Any international treaty in respect of industrial property to which the country is a party is applicable to matters dealt with by this Act and in the case of a conflict with a provision of this Act, the provisions of the international treaty shall prevail.

    • An international application may designate Ghana for an industrial design under the Protocol.

    • The Minister may by legislative instrument make Regulations for the effective implementation of this Act, and in particular, prescribing

      (a) the fees payable in respect of applications and other matters;

      (b) the details of the requirements and procedures on the filing and examination of applications;

      (c) the details in relation to the consultation of the Register;

      (d) the procedure for extracting copies from the Register; and

      (e) other particulars required to be prescribed under this Act.

    • In this Act unless the context otherwise requires

      "Court" means the High Court;

      "Creator" means the person who creates the industrial design;

      "Harare Protocol" means the Protocol on Patents and Industrial Designs adopted in 1982 in Harare, Zimbabwe and ratified by the Government of Ghana on 20th September, 1983;

      "International Classification" means the classification according to the Locarno Agreement of October 8, 1968 establishing an International Classification for Industrial Designs;

      "Minister" means the Minister responsible for Justice;

      "Paris Convention" means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised,

      "priority date" means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention;

      "Register" means the Register of Industrial Designs;

      "Registered owner" means the registered owner of an industrial design; and

      "Registrar" means the Registrar-General.

    • (1) The United Kingdom Designs (Protection) Ordinance (Cap 182) and the Textile Designs (Registration) Decree, 1973 (N.R.C.D. 213) are repealed.

      (2) Subsidiary legislation made under the repealed laws shall remain in force until revoked.

      (3) Notwithstanding the repeal of the Textile Designs (Registration) Decree, 1973 (N.R.C.D. 213), a textile design registered under it and in force immediately before the coming into force of this Act, shall remain in force for the unexpired portion of the period of protection provided under this Act subject to the payment of the renewal fees provided for under this Act.

      (4) A person who on the coming into force of this Act is the proprietor of an industrial design which has been registered in the United Kingdom or has filed an application for the registration of an industrial design in the United Kingdom, may, within twelve months from the date of the coming into force of this Act, file an application for the registration of the same industrial design under this Act and the application shall be accorded the filing date or priority date accorded to the application or registration in the United Kingdom.

      (5) An industrial design registered under subsection 3 shall, subject to section 10(2), enjoy a term of protection not exceeding five years from the filing date.