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GEOGRAPHICAL INDICATIONS ACT, 2003
(ACT 659)
ARRANGEMENT OF SECTIONS
Section
PART I—PROTECTION OF GEOGRAPHICAL
INDICATIONS
1. Civil proceedings
2. Availability of protection
regardless of registration and
presumption
3. Homonymous geographical
indications
4. Exclusion from protection
5. Offences
PART II—REGISTRATION OF
GEOGRAPHICAL INDICATIONS
6. Application for registration
7. Contents of application
8. Examination of application
9. Opposition to registration
10. Registration
11. Right of use
12. Cancellation and
rectification of registration
13. Register and publication
14. Correction of errors
15. Extension of time
16. Exercise of discretionary
powers
17. Appeals
PART III—SPECIAL PROVISIONS
CONCERNING MARKS
18. Misleading marks
19. Marks conflicting with a
geographical indication for wines
and spirits
20. Exceptions
PART IV—REGULATIONS AND
INTERPRETATION
21. Regulations
22. Interpretation
THE SIX HUNDRED AND FIFTY-NINTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
GEOGRAPHICAL INDICATIONS ACT, 2003
AN ACT to provide for the
protection of geographical
indications and to provide for
related matters.
DATE OF ASSENT: 31st December,
2003.
BE IT ENACTED by Parliament as
follows:
PART I—PROTECTION OF GEOGRAPHICAL
INDICATIONS
Section 1—Civil Proceedings.
(1) Any interested person may
institute proceedings in the High
Court to prevent, in respect of a
geographical indication,
(a) the use of any means in the
designation or presentation of
goods that indicates or suggests
that the goods in question
originate in a geographical area
other than the true place of
origin in a manner which misleads
the public as to the geographical
origin of the goods;
(b) any use which constitutes an
act of unfair competition within
the meaning of the Protection
Against Unfair Competition Act,
2000 (Act 589); or
(c) the use of the geographical
indication identifying wines for
wines not originating in the place
indicated by the geographical
indication in question or
identifying spirits for spirits
not originating in the place
indicated by the geographical
indication in question, even where
the true origin of the goods is
indicated or the geographical
indication is used in translation
or accompanied by expressions such
as "kind", “style", imitation" or
the like.
(2) In proceedings under
subsection (1) the court may, in
addition to issuing an injunction,
award damages and grant any other
remedy or relief as it may think
fit.
Section 2—Availability of
Protection Regardless of
Registration and Presumption.
(1) Protection under this Act is
available
(a) regardless of whether a
geographical indication is
registered; and
(b) against a geographical
indication which, although
literally true as to the
territory, region or locality in
which the goods originate, falsely
represents to the public that the
goods originate in another
territory.
(2) Registration of a geographical
indication under Part II of this
Act, raises a presumption that the
indication is a geographical
indication within the meaning of
section 22.
Section 3—Homonymous Geographical
Indications for Wines.
(1) In the case of homonymous
geographical indications for wines
or other products, protection
shall be accorded to each
indication, subject to section
2(1)(b) of this Act.
(2) The Registrar shall in cases
of permitted concurrent use of
indications under subsection (1),
determine the practical conditions
under which the homonymous
indications in question will be
differentiated from each other,
taking into account the need to
ensure equitable treatment of the
producers concerned and that
consumers are not misled.
Section 4—Exclusion from
Protection.
The following shall not be
protected as geographical
indications
(a) indications which do not
correspond to the definition in
section 22;
(b) indications which are contrary
to public order or morality; and
(c) indications which are not or
cease to be protected in their
country of origin, or which have
fallen into disuse in that
country.
Section 5—Offences.
(1) Any person who knowingly
(a) uses any means in the
designation or presentation of
goods that indicates or suggests
that the goods in question
originate in a geographical area
other than the true place of
origin in a manner which misleads
the public as to the geographical
origin of the goods;
(b) does anything which
constitutes an act of unfair
competition within the meaning of
the Protection Against Unfair
Competition Act, 2000 (Act 589);
or
(c) uses a geographical indication
which identifies wines for wines
not originating in the place
indicated by the geographical
indication in question or
identifies spirits for spirits not
originating in the place indicated
by the geographical indication in
question, even where the true
origin of the goods is indicated
or the geographical indication is
used in translation or accompanied
by expressions such as "kind",
“style", "imitation" or the like
commits an offence and is liable
on summary conviction to a fine
not exceeding two thousand penalty
units or to imprisonment for a
term not exceeding two years or to
both.
(2) Where a person is convicted of
an offence under this section, the
goods and things of any kind by
means of or in relation to the
offence committed is liable at the
discretion of the court, to be
forfeited to the Republic.
PART II—REGISTRATION OF
GEOGRAPHICAL INDICATIONS
Section 6—Application for
Registration.
(1) An application for the
registration of a geographical
indication shall be filed with the
Registrar.
(2) An application may be filed by
(a) a person or group of persons
carrying on an activity as a
producer in a geographical area
specified in the application, with
respect to the goods specified in
the application;
(b) a group of consumers; or
(c) a competent authority.
(3) Where an applicant's ordinary
residence or principal place of
business is outside the country,
the applicant shall be represented
by a legal practitioner resident
and practising in this country.
Section 7—Contents of Application.
(1) An application for the
registration of a geographical
indication shall specify
(a) the name, address and
nationality of the person or legal
entity filing the application, and
the capacity in which the
applicant is applying for
registration;
(b) the geographical indication
for which registration is sought;
(c) the geographical areas to
which the geographical indication
applies;
(d) the goods to which the
geographical indication applies;
and
(e) the quality, reputation or
other characteristic of the goods
for which the geographical
indication is used.
(2) The application is subject to
the payment of the prescribed fee.
Section 8—Examination of
Application.
(1) The Registrar shall examine
the application to ascertain
whether it complies with the
requirements of sections 4, 6 and
7 of this Act.
(2) The Registrar shall, on being
satisfied that the application
fulfils the requirements of this
Act, publish the application in
the prescribed manner.
Section 9—Opposition to
Registration.
(1) Any interested person or
competent authority may within the
prescribed period and in the
prescribed manner give notice to
the Registrar of an opposition to
the registration of a geographical
indication on the ground that one
or more of the requirements of
sections 4, 6 and 7 are not
fulfilled.
(2) The Registrar shall send a
copy of the notice to the
applicant within the prescribed
period and in the prescribed
manner.
(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.
(4) Where the applicant fails to
send a counter-statement under
subsection (3), the applicant
shall be deemed to have abandoned
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 within the prescribed
period.
(6) The Registrar after hearing
the parties, if either or both
wish to be heard and considering
the merits of the case, shall
decide whether the geographical
indication should be registered.
Section 10—Registration.
(1) Where the Registrar finds that
the conditions referred to in
section 8(1) are fulfilled and the
registration of the geographical
indication
(a) has not been opposed within
the prescribed time limit; or
(b) has been opposed and the
opposition has been decided in the
applicant's favour and no appeal
has been filed within the
prescribed time,
the Registrar shall register the
geographical Indication, publish a
reference to the registration in
the Gazette and issue to the
applicant a certificate of
registration.
(2) Where the Registrar is
satisfied that the geographical
indication is not registrable the
Registrar shall refuse the
application.
Section 11—Right of Use.
Only producers carrying on the
activity in the geographical area
specified in the Register provided
for under section 13 shall have
the right to use a registered
geographical indication in the
course of trade, with respect to
products specified in the
Register, provided that the
products possess the quality,
reputation or other characteristic
specified in the Register.
Section 12—Cancellation and
Rectification of Registration.
(1) Any interested person or
competent authority may apply to
the High Court for
(a) the cancellation of the
registration of a geographical
indication on the ground that it
does not qualify for protection
under section 4; or
(b) the rectification of the
registration of a geographical
indication on the ground that
(i)
the geographical area specified in
the registration does not
correspond to the geographical
indication; or
(ii) the indication of the
products for which the
geographical indication is used or
the indication of the quality,
reputation or other characteristic
of the products is missing or
unsatisfactory.
(2) In any proceedings under this
section, notice of the request for
cancellation or rectification
(a) shall be served on the person
who filed the application for
registration of the geographical
indication or that person's
successor in title; and
(b) shall, by a publication in the
prescribed manner, be given to all
persons who have the right to use
the geographical indication under
section 11 of this Act.
(3) The persons referred to in
subsection (2) and any other
interested persons may, within a
period which shall be specified by
the Court in the notice and
publication, apply to be joined in
the proceedings.
(4) The Registrar of the Court
shall notify the Registrar of the
decision of the Court or the
decision on any appeal from the
suit and the Registrar shall
record it and publish a reference
to the decision in the Gazette.
Section 13—Register and
Publication.
(1) The Registrar shall maintain a
Register in which the registrar
shall record all matters required
by this Act to be recorded.
(2) Any person may consult or
obtain extracts from the Register
under conditions prescribed by
Regulations made under this Act.
(3) The Registrar shall publish in
the prescribed manner all
publications required to be made
under this Act.
Section 14—Correction of Errors.
The Registrar may, subject to
Regulations made under this Act,
correct any error of translation
or transcription, clerical error
or mistake in any application or
document filed with the Registrar
or in any recording pursuant to
this Act or Regulations made under
this Act.
Section 15—Extension of Time.
(1) The Registrar may on being
satisfied that the circumstances
justify it, upon receiving a
written request, extend the time
for doing any act or taking any
proceeding under this Act after
the Registrar has notified the
parties concerned and upon such
terms as the Registrar may direct.
(2) The Registrar may grant an
extension of time under subsection
(1) notwithstanding that the time
for doing the act or taking the
proceeding has expired.
Section 16—Exercise of
Discretionary Powers.
The Registrar shall, in exercising
a discretionary power conferred by
this Act, comply with article 296
of the Constitution.
Section 17—Appeals.
Any interested person may appeal
to the High Court against a
decision taken by the Registrar
under this Act, in particular, the
registration of a geographical
indication.
PART III—SPECIAL PROVISIONS
CONCERNING MARKS
Section 18—Misleading Marks.
The Registrar shall, on the
Registrar's own motion or at the
request of an interested party,
refuse or cancel the registration
of a trademark which contains or
consists of a geographical
indication with respect to goods
not originating in the territory
indicated, if the use of the
indication in the trademark for
the goods in the country is of
such a nature as to mislead the
public as to the true place of
origin.
Section 19—Marks Conflicting with
a Geographical Indication or Wines
and Spirits.
The registration of a trade mark
for
(a) wines which contain or consist
of a geographical indication
identifying wines; or
(b) spirits which contain or
consist of a geographical
indication identifying spirits
shall be refused or cancelled by
the Registrar on the Registrar's
own motion or at the request of an
interested party, where the wines
or spirits do not have the origin
claimed.
Section 20—Exceptions.
(1) Nothing in this Act prevents
continued and similar use in this
country of a particular
geographical indication of another
country identifying wines or
spirits in connection with goods
or services by a national or
domiciliary of this country who
used that geographical indication
in a continuous manner with regard
to the same or related goods or
services in any part of this
country either
(a) for at least ten years
preceding April 15, 1994; or
(b) in good faith preceding that
date.
(2) Where a trade mark has been
applied for or registered in good
faith, or where rights to a
trademark have been acquired
through use in good faith either
(a) before the date of entry into
force of this Act; or
(b) before the geographical
indication is protected in its
country of origin,
this Act shall not prejudice the
registrability of or the validity
of the registration of the
trademark or the right to use the
trademark on the basis that the
trademark is identical with, or
similar to, a geographical
indication.
(3) Nothing in this Act shall
apply in respect of a geographical
indication of any country with
respect to goods or services for
which the relevant indication is
identical with the terms customary
in common language as the common
name for the goods or services in
the country or in respect of a
geographical indication of any
other country with respect to
products of the vine for which the
relevant indication is identical
with the customary name of a grape
variety existing in the country as
of January 1, 1995.
(4) A request for relief made
under this Act in connection with
the use or registration of a
trademark shall
(a) be presented within five years
after the adverse use of the
protected indication has become
generally known in the country, or
(b) after the date of registration
of the trademark in the country
provided
(i)
the trademark has been published
by that date, if such date is
earlier than the date on which the
adverse use became generally known
in the country, and
(ii) the geographical indication
is not used or registered in bad
faith.
(5) This Act does not prejudice
the right of any person to use in
the course of trade, that person's
name or the name of that person's
predecessor in business, except
where the name is used in such a
manner as to mislead the public.
PART IV—REGULATIONS AND
INTERPRETATION
Section 21—Regulations.
The Minister may by legislative
instrument make Regulations
prescribing
(a) the fees payable under this
Act 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 of documents from the
Register;
(e) the period and manner of
notice of opposition; and
(f) any other matter required to
be prescribed under this Act.
Section 22—Interpretation.
In this Act unless the context
otherwise requires
“geographical indication" means an
indication which identifies a good
as originating in the territory of
a country, or a region or locality
in that territory, where a given
quality, reputation or other
characteristic of the goods is
essentially attributable to its
geographical origin;
“goods" mean any natural or
agricultural product or any
product of handicraft or industry
and includes Kente;
"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;
"producer" means
(a) any producer of agricultural
products or any other person
exploiting natural products;
(b) any manufacturer of products
of handicraft, or industry; and
(c) any trader dealing in the
products of handicraft or
Industry;
"Register" means the Register of
Geographical Indications; and
"Registrar" means the
Registrar-General.
Date of Gazette Notification: 31st
December, 2003. |
