Jump to content

Trade Marks Act, 2004 (Act 664): Difference between revisions

From The Legal and Regulatory Framework of Ghana
Created page with "==ARRANGEMENT OF SECTIONS== ''PART I — REGISTRATION OF TRADE MARKS'' :1. Meaning of Trade Mark :2. Meaning of Collective Mark :3. Registration of Trade Mark :4. Application for Registration :5. Grounds for Refusal of Registration :6. Examination and Opposition to Registration of Trade Mark :7. Registration Certificate :8. Application for Registration of Collective Mark :9. Rights Conferred by Registration :10. Term of Protection of Trade Mark :11. Renewal of Trade Mar..."
 
 
(14 intermediate revisions by the same user not shown)
Line 69: Line 69:


==PURPOSE==
==PURPOSE==
AN ACT to provide for the implementation of the constitutional right to information held by a public institution, subject to the exemptions that are necessary and consistent with the protection of the public interest in a democratic society, to foster a culture of transparency and accountability in public affairs and to provide for related matters.
AN ACT to provide for the protection of trade marks and for related matters.


==DATE OF ASSENT==
==DATE OF ASSENT==
21st May 2019.
29th January, 2004.


==ACT==
==ACT==


===''Access to Information''===
===PART I — REGISTRATION OF TRADE MARKS===


====1. Right of access to information====
====Section 1 — Meaning of Trade Mark====
(1) A person has the right to information, subject to the provisions of this Act.
Trade mark means any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings including words such as personal names, letters, numerals and figurative elements.
(2) The right may be exercised through an application made in accordance with section 18.
(3) A person may apply for information without giving a reason for the application.
(4) Despite subsection (3), where an applicant requests that the application be treated as urgent, the applicant shall state the reason for the urgency.


====2. Responsibility of Government to provide information====
====Section 2 — Meaning of Collective Mark====
The Government shall make available to the public, general information on governance without an application from a specific person.
A collective mark is a visible sign capable of distinguishing the origin or any other common characteristic including the quality of goods or services of different enterprises which use the sign under the control of a registered owner from the goods or services of other enterprises.


===''Compilation and Publication of Manual on Information of a Public Institution''===
====Section 3 — Registration of Trade Mark====
Registration of a trade mark by any person confers an exclusive right to the use of the trade mark on the person.


====3. Responsibility of public institution in respect of access====
====Section 4 — Application for Registration====
(1) A public institution shall, within twelve months from the date of the coming into force of this Act, and every twelve months after that date, compile and publish an up-to-date information in the form of a manual.
(1) An application for the registration of a trade mark shall be filed with the Registrar and is subject to the payment of the prescribed fee.


(2) The manual shall contain
(2) The application shall be accompanied with a reproduction of the trade mark and a list of the goods or services for which the registration of the trade mark is requested using the International Classification.
:(a) a list of departments or agencies under that public institution and a description of the organisational structure and responsibilities of each public institution including details of the activities of each division or branch of the public institution;
:(b) a list of the various classes of information which are prepared by or are in the custody or under the control of each public institution;
:(c) a list of the types of information that may be accessed or inspected free of charge or subject to a fee payable in respect of an access to information as specified under section 75;
:(d) the name, address and any other contact details of the information officer or a designated officer of the public institution where a request to access information may be made;
:(e) the telephone number, fax, e-mail, postal address and any other contact detail of the information unit in the public institution where information which is accessible under this Act or any other enactment, can be accessed; and
:(f) the arrangements made or procedures established by the public institution to enable a member of the public to seek amendment of that member's personal official records with the public institution.


(3) A public institution shall
(3) The application may contain a declaration claiming the priority of an earlier national or regional application filed by the applicant or the predecessor in title of the applicant as provide for in article 4 of the Paris Convention set out in Schedule 1
:(a) generate, process, maintain and preserve information which is accurate and authentic; and
:(a) in or for any state party to the Convention; or
:(b) establish an information unit headed by an information officer who shall facilitate access to information.
:(b) in or for any member of the World Trade Organisation


====4. Provision of guidelines for manual====
and the Registrar may require the applicant to provide within the prescribed time a copy of the earlier application certified as correct by the office with which it was filed.
The Right to Information Commission shall, in consultation with the Minister issue guidelines for the preparation under section 3 of the manual by a public institution.


====5. Information for the President or the Vice-President====
(4) Where the Registrar finds that the requirements under subsection (3) have not been met, the declaration shall cease to have effect.
(1) Information is exempt from disclosure where the information
:(a) is prepared for submission or has been submitted to the President or Vice-President for consideration; or
:(b) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made or given to the President or the Vice-President and is likely to
::(i) undermine the deliberative process on the part of the President or of the Vice-President; or
::(ii) prejudice national security.


(2) Information which contains factual or statistical data is not exempt information.
(5) The applicant may withdraw the application.


====6. Information relating to Cabinet====
====Section 5 — Grounds for Refusal of Registration====
(1) Information is exempt from disclosure where the information
No trade mark shall be registered if,
:(a) is prepared for submission to Cabinet or submitted to Cabinet for consideration, or
:(a) it is a trade name;
:(b) is at Cabinet, not published or released to the public, and
:(b) it is incapable of distinguishing the goods or services of one enterprise from the goods or services of another enterprise;
:(c) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made and is likely to
:(c) it is contrary to public order or morality;
::(i) prejudice the effective formulation or development of government policy;
:(d) it is likely to mislead the public or trade circles with particular reference to the geographical origin of the goods or services, their nature or characteristics;
::(ii) frustrate the success of a policy by premature disclosure of that policy;
:(e) it is identical to or is an imitation of or contains as an element, an armorial bearing, flag, emblem, name, abbreviation or initials of the name, official sign or hallmark adopted by a State, intergovernmental organisation or organisation created by an international convention unless authorised by the competent authority of that State or organisation;
::(iii) undermine the deliberative process in Cabinet; or
:(f) it is identical to or confusingly similar to or constitutes a translation of a trade mark or trade name which is well known in the country for identical or similar goods or services of another enterprise, or the trade mark is well known and registered in the country for goods or services which are not identical or similar to those under application but the use of the trade mark will indicate a connection between those goods or services and the owner of the well known trade mark and the interests of the owner of the well known trade mark are likely to be damaged by the use of the trade mark;
::(iv) prejudice national security.
:(g) the trade mark is identical to a trade mark of another owner already on the register or identical to a trade mark the subject of an application with an earlier filing or priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion.


(2) Information which contains factual or statistical data is not exempt information.
====Section 6 - Examination and Opposition to Registration of Trade Mark====
(1) The Registrar shall examine whether the application complies with the requirements of
:(a) section 1;
:(b) section 3;
:(c) subsection (1) and (2) of section 4; and
:(d) section 5.


(3) Cabinet may publish or grant access to information that is otherwise exempt under this section.
(2) If the Registrar finds that the conditions in subsection (1) have been complied with, the Registrar shall accept the application to be published so that any interested person may file a notice of opposition to the registration within the prescribed period and in the prescribed manner.


(4) For the purposes of this section, Cabinet includes a committee or sub-committee of Cabinet.
(3) An interested party may give notice of opposition to the Registrar on the grounds that section 1 or one or more of the requirements of section 4 have not been complied with.


====7. Information relating to law enforcement and public safety====
(4) The Registrar shall send the notice of opposition to the applicant and the applicant shall send the Registrar in the prescribed manner within the prescribed period a counter-statement of the grounds on which the applicant relies.
(1) Information is exempt from disclosure where the information contains matters which if disclosed can reasonably be expected to
:(a) interfere with the prevention, detection or curtailment of a contravention or possible contravention of an enactment,
:(b) prejudice the investigation of a contravention or possible contravention of an enactment,
:(c) reveal investigation techniques and procedures in use or likely to be used in law enforcement,
:(d) disclose the identity of a confidential source of information, matter or the information given by a confidential source in respect of law enforcement,
:(e) impede the prosecution of an offence,
:(f) endanger the life or physical safety of a person,
:(g) prejudice the fair trial of a person or the impartial adjudication of a case,
:(h) reveal a record of information that has been confiscated from a person by a police officer or a person authorised to effect the confiscation in accordance with an enactment,
:(i) interfere with the maintenance or enforcement of a lawful method or procedure for protecting the safety of the public,
:(j) endanger the security of a building, structure or means of transport or a system including computer and communication systems for which security is reasonably required,
:(k) prejudice the security of a prison or place for lawful detention,
:(l) facilitate the escape of a person from lawful custody, or
:(m) prejudice a system or procedure for witness protection or any other procedure for the protection of persons or property where the protection is required.


(2) Despite subsection (1), information is not exempt from disclosure where that information
(5) If the applicant fails to respond to the notice of opposition the applicant shall be deemed to have abandoned the application.
:(a) consists merely of a report on the outcome of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment;
:(b) contains a general outline of the structures of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; or
:(c) consists merely of a report on a law enforcement investigation that has already been disclosed to the person who is the subject of the investigation.


====8. Information affecting international relations====
(6) The Registrar shall send a copy of the counter-statement to the person who filed the notice of opposition and shall decide whether the trade mark should be registered after hearing the parties.
(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to
:(a) damage or prejudice the relations between the Government and the government of any other country,
:(b) reveal information communicated in confidence to a public institution by or on behalf of another government,
:(c) reveal information communicated in confidence to a public institution by an international organisation or a body of that organisation,
:(d) reveal information communicated in confidence by a public institution to
::(i) another public institution in another country or another government; or
::(ii) an international organisation or a body of that organisation.


(2) Despite subsection (1), the exempt information may be disclosed if the President gives prior approval for the disclosure.
(7) The applicant has the same privileges and rights when an application is published and until the registration of the trade mark as the applicant would have if the trade mark had been registered, it shall however be a valid defence to an action in respect of an act done after the application was published, if the alleged infringer establishes that the trade mark could not validly have been registered at the time the act was done.


====9. Information that affects the security of the State====
====Section 7 — Registration Certificate====
(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to
The Registrar shall register the trade mark, publish a reference to the registration and issue the applicant with a certificate of registration if
:(a) damage or prejudice the defence of the Republic or a foreign State allied to or friendly with the Republic, or
:(a) the registration has not been opposed within the prescribed time limit; or
:(b) be prejudicial to the detection, prevention or suppression of terrorism, sabotage or espionage,
:(b) the registration has been opposed but the opposition was decided in favour of the applicant.


(2) Subject to article 135 of the 1992 Constitution, information created by or in the custody of the Ghana Armed Forces or the security and intelligence agencies established under the Security and Intelligence Agencies Act, 1996 (Act 526) which is likely to threaten the security of the State is exempt information,
====Section 8 — Application for Registration of Collective Mark====
(1) An application for registration of a collective mark shall designate the trade mark as a collective mark and be accompanied with a copy of the regulations governing the use of the collective mark.


====10. Economic and any other interests====
(2) Sections 4, 5, 6, 7, 9, 10, 11, and 14 shall apply to collective marks.
Information is exempt from disclosure prior to official publication where
:(a) the information contains trade secrets or financial, commercial, scientific or technical information that belongs to the State or public institution and the information has monetary or a potential monetary value;
:(b) the disclosure of the information can reasonably be expected to affect the integrity or stability of the financial system or, damage the financial interests of the State or public institution or the ability of the State to manage the national economy;
:(c) the disclosure of the information can reasonably be expected to cause a disruption of business or trade in the country;
:(d) the disclosure of the information can unduly benefit or be injurious to a person because it provides prior information about future economic or financial measures to be introduced by the Government or public institution;
:(e) the information contains criterion, procedure, position or instruction that relates to negotiations being carried on or to be carried on by or on behalf of the State or public institution, the disclosure of which shall be injurious to national security and economic development; or
:(f) the information contains questions or methodology to be used in an examination, recruitment or selection process and the release is likely to jeopardise the integrity of that examination, recruitment or selection process.


====11. Economic information of third parties====
(3) The registered owner of a collective mark shall notify the Registrar of any changes made in the regulations.
(1) Information which would reveal a trade secret, research, scientific, technical, commercial, financial or labour related information supplied in confidence is exempt from disclosure if the disclosure of that information can reasonably be expected to
:(a) prejudice the competitive position of a person, a group of persons or an organisation;
:(b) adversely affect negotiations with a third party;
:(c) result in undue loss or gain to a person, a group, a financial institution or any other body; or
:(d) result in a public institution not being supplied with similar information where it is in the public interest that the similar information be supplied to the public institution.


(2) Information which has already been made available to the public by the appropriate person, authority or body is not exempt from disclosure under subsection (1).
====Section 9 — Rights Conferred by Registration====
(1) A person other than a registered owner of a trade mark shall not use the mark in relation to any goods or services for which the trade mark was registered without the agreement of the owner.


====12. Information relating to tax====
(2) The registered owner may institute court action against any person who infringes a registered trade mark by
(1) Information obtained. from a tax return or gathered for the purposes of determining tax liability is exempt from disclosure.
:(a) using a registered mark without permission; or
:(b) performing acts which make it likely that infringement may occur.


(2) Exempt information under subsection (1), may be disclosed if the person to whom the information relates, agrees to the disclosure.
(3) No person shall knowingly infringe the rights of the owner of a registered trade mark by using a trade mark in relation to goods or services for which the trade mark was registered without the consent of the owner.


====13. Internal working information of public institutions====
(4) The right of the registered owner under this section shall, in addition to any other remedies, extend to the use of a sign similar to the registered trade mark and use in relation to goods or services similar to those for which the mark has been registered where confusion may arise in the public.
(1) Information is exempt from disclosure where the disclosure of the information will reveal
:(a) an opinion, or an advice given, or
:(b) a recommendation, consultation or deliberation made to the public institution and is likely to undermine the deliberative process in that public institution.


(2) Information which
(5) Where there is use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.
:(a) merely contains material that has been publicly mentioned as the basis of a public policy or for formulating public policy, or
:(b) contains only factual or statistical data, is not exempt from disclosure.


====14. Parliamentary privilege, fair trial, contempt of court====
(6) The rights conferred by registration of a mark shall not extend to acts in respect of articles which have been put on the market in any country by the registered owner or with the consent of the owner.
Information is exempt from disclosure if its disclosure can reasonably be expected to
:(a) infringe or contravene a parliamentary privilege,
:(b) prejudice the fair trial of a person or the impartial adjudication of a case before a court or a quasi-judicial body, or
:(c) constitute contempt of court or of a quasi-judicial body.


====15. Privileged information====
(7) Section 5(f) shall apply with such modification as may be required in any action instituted by the owner of a well-known trade mark against any person in respect of the unlawful use of the well-known trade mark.
(1) Information is exempt from disclosure where
:(a) it is privileged on grounds of
::(i) lawyer and client professional relationship,
::(ii) communication between spouses whether married under an enactment or under the common law as defined in clause (2) of article 11 of the Constitution; or
::(iii) the Evidence Act, 1975 (N.R.C.D. 323); or


:(b) the disclosure of the information reveals confidential communication between a doctor and a patient or any other medical expert in connection with the medical diagnosis or treatment of the patient.
(8) A person who infringes the right of a registered owner of a trade mark by knowingly using a trade mark for goods or services without the consent of the registered owner commits an offences and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding one year or to both.


(2) Subsection (1) does not apply where the person entitled to the privilege knowingly waives the privilege.
====Section 10 — Term of Protection of Trade Mark====
The registration of a trade mark is for a period of ten years from the filing date of the application for registration.


====16. Disclosure of personal matters====
====Section 11 — Renewal of Trade Mark====
(1) Information, the disclosure of which is unreasonable concerning the personal affairs of an individual whether living or deceased is exempt from disclosure.
(1) The registration of a trade mark may be renewed for consecutive periods of ten years upon payment of the fee prescribed for renewal.


(2) Disclosure is unreasonable if it reveals or is likely to reveal information about the individual's
(2) A grace period of six months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge.
:(a) physical or mental health;
:(b) business or trade secrets of commercial value; or
:(c) confidential professional, commercial or financial affairs.


(3) Disclosure is reasonable if
====Section 12 — Invalidation of Mark====
:(a) the individual to whom the information relates gives prior consent;
(1) The High Court shall invalidate the registration of a trade mark if the person requesting the invalidation proves that section 1 or any requirement of section 4 has not been complied with.
:(b) the disclosure is required to promote public health or public safety;
:(c) the disclosure is necessary in order to subject government activities to public scrutiny;
:(d) the disclosure does not unjustifiably damage the reputation of any other person referred to in the information;
:(e) the disclosure is made to the individual to whom the information relates;
:(f) the disclosure does not contravene a provision on exempt information specified in this Act;
:(g) the disclosure would not have an adverse effect on the affairs of the individual;
:(h) the disclosure would not prejudice the future supply of information;
:(i) the information has already been made available to the public by the appropriate person. authority or body;
:(j) the individual to whom the information relates was informed or made aware prior to supplying the information or that the information belongs to a class of information that will or might be made available to the public;
:(k) in the case of a deceased person, the applicant is the next of kin or represents the next of kin or is the personal representative of the deceased; or
:(l) the disclosure is about the physical or mental health or well-being of the individual who is under the care of the applicant and who is
::(i) under the age of eighteen years, or
::(ii) incapable of understanding the nature of the request and giving access would be in the best interest of the individual.


====17. Disclosure for the protection of public interest====
(2) The court may invalidate the registration of a trade mark if because of any act or inactivity of the owner, it has become the common name in the trade for goods or services for which it is registred.
(1) Despite a provision of this Act on information exempt from disclosure, information is not exempt from disclosure if the disclosure of the information reveals evidence of
:(a) a contravention of, or a failure to comply with a law;
:(b) an imminent and serious threat to public safety, public health or morals, the prevention of disorder or crime or the protection of the rights or freedoms of others.
:(c) a miscarriage of justice;
:(d) an abuse of authority or a neglect in the performance of an official function; or
:(e) any other matter of public interest and the benefits of disclosure clearly outweigh the harm or danger that the disclosure will cause.


(2) A person who discloses information or authorises the disclosure of information under this section is not liable in criminal or civil proceedings for the disclosure or authorisation of the disclosure of information under this section.
(3) The invalidation of the trade mark is effective from the date of registration.


===''Procedure for Access''===
(4) The Registrar shall record the invalidation and publish the invalidation as soon as possible.


====18. Application to access information====
====Section 13 — Invalidation of Collective Mark====
(1) An application to access information held by a public institution shall
The High Court shall invalidate the registration of a collective mark if the person requesting the invalidation proves that
:(a) be made in writing to the public institution;
:(a) only the registered owner uses the trade mark to the exclusion of other enterprises;
:(b) contain sufficient description or particulars to enable the information to be identified,
:(b) the registered owner permits the use of the trade mark in contravention of the regulations of the collective mark; or
:(c) indicate the form and manner of access required,
:(c) the registered owner uses or permits the use of the trade mark in a manner likely to deceive trade circles or the public as to the origin or any other common characteristics of the goods or services concerned.
:(d) state the capacity of the applicant to the satisfaction of the information officer to whom the application is made, if the application is made on behalf of another person,
:(e) state the name of the applicant, an address to which a communication or notice can be sent,
:(f) provide identification of the applicant; and
:(g) be signed by the applicant.


(2) Where an applicant is unable to make the application in writing due to illiteracy or.a disability, the applicant may make the request orally.
====Section 14 — Removal of Trade Mark from Register for Non-use====
(1) A person interested in a trade mark may request the Registrar to remove a trade mark from the register because up to one month prior to filing for removal, the trade mark had not been used by the registered owner or a licensee for any of the goods or services in respect of which it was registered for a continuous period of five years or longer.


(3) Where a request is made orally under subsection (2), the request shall be reduced into writing by the information officer to whom the application is made, who shall give a copy of the written request as recorded and as duly authenticated to the applicant.
(2) The trade mark shall not be removed from the register if it is shown that special circumstances prevented the use of the trade mark and that there was no intention to abandon the trade mark in respect of those goods or services.


(4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall
====Section 15 — Change in Ownership====
:(a) clearly and correctly read and explain the written request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262);
(1) (a) A change in the ownership of a trade mark or of an application for registration of a trade mark shall be in writing and shall be filed with the Registrar;
:(b) ask a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and
:(b) a change in the ownership of a collective mark or of an application for the registration of a collective mark shall be in writing and shall be filed with the Registrar.
:(c) ask the applicant to make a thumbprint or a mark on the request.


(5) Where an application does not sufficiently describe the information required, the public institution to which the application is made shall so inform the applicant and offer the applicant the necessary assistance to identify the information.
(2) The change shall be recorded and published by the Registrar.


(6) Where a public institution receives an application for access, part of which is exempt, the information officer shall disclose to the applicant as much of the information as can reasonably be separated without disclosing the exempt part.
(3) A third party shall not be affected by a change of ownership of a trade mark or collective mark until the change of ownership has been filed with the Registrar.


(7) For the purposes of this section, the reference to "writing" in subsection (3) includes electronic form and "Braille".
(4) A change in the ownership of the registration of a trade mark or a collective mark shall not be valid if it is likely to deceive or cause confusion with regard to the nature, origin, manufacturing process, characteristics or suitability for the purpose of the goods or services to which the trade mark or collective mark is applied.


====19. Person to deal with application====
(5) A change in the ownership of a trade name shall be in writing addressed to the Registrar when an enterprise is being transferred or when part of the enterprise identified by that name is being transferred.
An application to access information shall be dealt with by the information officer of the public institution.


====20. Transfer of application====
====Section 16 — Licence Contract====
(1) Where a public institution is unable to deal with an application because the information requested
(1) A licence contract concerning the registration of a trade mark or an application for registration shall be submitted to the Registrar who shall keep its contents confidential but shall record it and publish a reference to it.
:(a) is not in the custody or control of the public institution, but to the knowledge of the public institution, it is held by another public institution, or
:(b) is in the custody of the public institution but it is more closely related to the functions of another public institution, the information officer shall, within two days of the receipt of the application,
:(c) refer the applicant to the relevant public institution; or
:(d) transfer the application to the relevant public institution and give written notice of the transfer to the applicant.


(2) Where a public institution receives a transfer of application under paragraph (b) of subsection (1), the public institution shall notify the appicant [sic] of the receipt of the application within three days after the receipt of the application.
(2) A licence contract shall not be valid against third parties until it has been filed with the Registrar.


(3) Where an application for access is made and the public institution to which the application is made does not have the information it its custody, the information officer shall, within a period of not more than ten days,
====Section 17 — Agency====
:(a) make the necessary enquiry to establish whether any other public institution has the information, and
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.
:(b) transfer the application to that other public institution if that public institution has the information, and
:(c) notify the applicant accordingly.


(4) A notice of transfer shall state,
===PART II — TRADE MARK REGISTRY===
:(a) the date of the transfer,
====Section 18 — Trade Mark Registry====
:(b) the public institution to which the transfer is made, and
(1) There shall be a Trade Mark Registry which shall be located at the Registrar-General's Department.
:(c) the reason for the transfer.


(5) An application transferred from one public institution to another is a request for access to information made to the public institution to which the application is transferred on the date the transfer is received.
(2) The Registry shall be responsible for the registration of trade marks and for the administration of registered marks.


====21. Information readily available in official publication====
(3) The Registry shall be headed by the Registrar-General who shall be assisted by such Assistant Registrars as may be appointed in accordance with article 195 of the Constitution.
Where a public institution receives an application for access to information which to the knowledge of the public institution is readily available in an official publication held by another public institution, the public institution shall
:(a) direct the application to that public institution having custody of the official publication containing the information sought; and
:(b) notify that public institution of the request by the applicant.


====22. Deferred access====
(4) The Registrar may delegate any functions of the office of the Registrar to an Assistant Registrar.
(1) A public institution may defer access to information if it is information
:(a) which is required to be published within ninety days from the date of receipt of the application or the transfer of the application, or
:(b) which has been prepared for submission to any person and is yet to be submitted,


(2) Where an application for access is deferred for any of the reasons stated in subsection (1), the information officer shall, within three days after the deferment notify the applicant in writing of
====Section 19 — Register of Marks====
:(a) the reason for the deferment; and
(1) There shall be a register of trade marks.
:(b) the likely period of the deferment.


====23. Decision on application====
(2) Collective marks shall be registered in a special section of the register of trade marks.
(1) Where an application for access is received by a public institution, the information officer shall take a decision on the application and send a written notice to the applicant within fourteen days from the date of receipt of the application.


(2) The notice shall state
(3) There shall be recorded in the register entries required under this Act.
:(a) whether or not access to the information will be given, and
:(b) whether access to only a part of the information can be given and the reason for giving only a part.


(3) Where the information officer decides to give access, the notice shall state
(4) The register of trade marks shall be open to the public and any person may obtain an extract from the register in accordance with this Act.
:(a) the form or manner in which the access will be given;
:(b) whether access is to only a part of the information because the other part is exempt information;
:(c) the day on which the public institution expects the information to be published or submitted, in the case of a deferred access under section 22; and
:(d) the prescribed fee for the reproduction of information.


(4) Where the information officer decides to refuse access, the notice shall state the reason for the refusal and the provision under which the decision for the refusal is based.
====Section 20 — Rectification or Correction of Register====
(1) A person aggrieved by the non-insertion, omission, an error or defect in an entry in the register or by an entry that wrongly remains on the register may apply to the Registrar to make, expunge or vary the entry but an application for rectification may not be made for any matter that affects the validity of the registration of the trade mark.


(5) Where an information officer fails to determine an application within fourteen days after the application is received by the public institution, the application is deemed to have been refused and the applicant has the right to seek redress under sections 31 to 39.
(2) Where court proceedings have commenced concerning the trade mark, the application for rectification of the register shall be made to the court.


(6) Subsection (5) does not apply to an application which has been transferred to another public institution or which the public institution has refused to continue to process for failure to pay the prescribed deposit or fee.
(3) Where an application for rectification is made to the Registrar, the Registrar may refer the application to the court at any stage during the proceedings before the Registrar.


(7) Where an application relates to information which reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer shall, within forty-eight hours,
(4) Where there is fraud in the registration, assignment or transmission of a registered trade mark, the Registrar may apply to the court for rectification.
:(a) determine whether or not to grant the application,
:(b) notify the applicant of the decision in writing, and
:(c) give the applicant access to the information where the application is granted.


(8) Despite subsection (7), where the information requested contains third party information, an applicant may not be granted access to that information until
(5) A rectification order from the court shall direct that notice of the rectification be served in the prescribed manner on the Registrar who shall comply with the notice.
:(a) the time that the right of a party to appeal against the release of the information has expired, or
:(b) an appeal lodged by the third party has been determined.


(9) Where upon the perusal of an application, it does not appear to the information officer that the information requested reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer shall within forty-eight hours of receipt of the application
(6) A registered owner or a person authorised by the owner may apply to the Registrar
:(a) give notice of the decision and reasons for the decision to the applicant, and
:(a) to correct an error or enter a change in the name, address or description of the registered owner of a trade mark in the register;
:(b) inform the applicant that, subject to the right of the applicant to apply to the Commission, for a review, the information officer shall make a decision with respect to whether to grant access to the requested information within fourteen days.
:(b) to cancel the entry of a trade mark in the register;
:(c) to strike out any goods or classes of goods from those in respect of which a mark is registered; or
:(d) to enter a disclaimer or memorandum relating to a trade mark which does not extend the rights given by the existing registration of the mark.


(10) Where information sought by an application does not exist because a duty is not placed on a public institution by any law to hold or collect the information, or the information has been destroyed in accordance with law, the information officer shall give notice to the applicant stating the reasons.
(7) A licensee of a trade mark may correct an error or enter a change in the name, address or description of the registered owner with the consent of the owner.


====24. Non-existent information====
====Section 21 — Publication====
(1) Where reasonable and practical steps have been taken to find the information requested and there are reasonable grounds to believe that the information does not exist, the information officer shall, by a written declaration signed by that information officer, notify the applicant that it is not possible to give access for the stated reason.
The Registrar shall cause to be published in the Gazette, or in an official Bulletin, and any print media any publication required under this Act.
(2) The notice shall state the steps taken to find the document or to determine its existence.
(3) A notice under this section is a refusal to give access to the information and the applicant may take the steps that are open to the applicant under sections 31 to 39.


====25. Extension of time to deal with an application====
====Section 22 — Corrections of Errors and Extension of Time====
(1) The head of the institution may extend the time provided for dealing with the application for a further period if
(1) The Registrar may correct any error or mistake in
:(a) the application is for a large volume of information or necessitates a search through a large number of records and compliance with the original time limit would unreasonably interfere with the operations of the public institution,
:(a) an application or document filed with the Registry; and
:(b) the information requested has to be gathered from more than one source, or
:(b) an entry made under this Act.
:(c) consultations with a person outside the public institution are required and cannot reasonably be complied with within the time limit


(2) The period of extension shall not exceed seven days from the date when a decision on the application should have been made.
(2) The Registrar may extend the time for doing any act or taking any proceeding under this Act upon notice to the parties concerned and on such terms as the Registrar may direct.


(3) Where an extension of time is granted under this section, an information officer shall, within seven days of the receipt of the application, notify the applicant in writing stating,
===PART III — TRADE DESCRIPTION AND FRAUDULENT MARKS===
:(a) the period of the extension,
====Section 23 — Trade Description and Fraudulent Marks====
:(b) the reason for the extension, and
(1) A trade description is a description, statement or any other indication direct or indirect
:(c) the right of the applicant to lodge an application for a review under sections 31 to 39 within the prescribed period.
:(a) as to the number, quantity, measure, gauge, or weight of any goods; or
:(b) as to the standard of quality of any goods, according to a classification commonly used or recognised in the trade; or
:(c) as to the fitness for purposes, strength, performance or behaviour of any goods; or
:(d) as to the place or country in which any goods were made or produced; or
:(e) as to the mode of manufacturing or producing any goods; or
:(f) as to the material of which any goods are composed; or
:(g) as to any goods the subject of an existing patent, privilege, or copyright;
and the use of a figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the matters referred to in paragraphs (a) to (g) shall be deemed to be a trade description within the meaning of this Act.


====26. Refusal to process====
(2) A description is false if
(1) A public institution may refuse to continue to process an application where the applicant has not paid the prescribed processing fee for the reproduction of information within the period of time specified in the notice.
:(a) it is likely to be misunderstood as, or mistaken for, an indication as to the same or some other matter which would be false or misleading in a material respect with respect to the goods to which the description is applied; and
(2) A public institution that refuses to continue to process an application shall immediately notify the applicant in writing of the refusal.
:(b) anything likely to be misunderstood as, or mistaken for, an indication of any of those matters is for those purposes a trade description and includes an alteration of a trade description whether by addition, effacement or otherwise where that alteration makes the description false or misleading in a material respect; and
(3) A refusal to continue to process an application under this section is subject to review and appeal under sections 31 to 39.
:(c) the fact that a trade description is a trade mark or part of a trade mark shall not prevent the trade description from being a false trade description.


====27. Refusal of access====
(3) The provisions of this Act with respect to the application of a false trade description to goods shall extend to the application to goods of any figures, words, or marks, or arrangement or a combination of any of them, whether including a trade mark or not, as are reasonably likely to lead persons to believe that the goods are the manufacture or merchandise of a person other than the person whose manufacture or merchandise they really are.
(1) A public institution may refuse access to information if
:(a) the application is manifestly frivolous or vexatious; or
:(b) the information is an exempt information.


(2) Where an information officer refuses to grant access to information for any of the reasons stated in subsection (1), the information officer shall notify the applicant in writing of the reason upon which the refusal is based.
(4) The provisions of this Act with respect to the application of a false trade description to goods, or with respect to goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in the same way as if the name or initials were a trade description.


====28. Manner of access====
(5) In subsection (4) the expression false name or initials means as applied to goods,
(1) Access to information may be given to an applicant
:(a) any name which is or initials which are not a trade mark or part mark but is or are identical with or a colourable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and not having authorised the use of the name or initials, and
:(a) by giving the applicant
:(b) any name which is or initials which are either those of a fictitious person or of a person not in good faith carrying on business in connection with those goods.
::(i) a reasonable opportunity to inspect the information, or
::(ii) a copy of the information,
:(b) by making arrangements for the applicant to hear the sounds or view the visual images, in the case of information from which sounds or visual images are capable of being reproduced, whether or not with the aid of another device,
:(c) by giving the applicant a written transcript of the words recorded in a document, in the case of information in which words are recorded in a manner in which they are capable of being reproduced in the form of sound,
:(d) by giving the applicant a written transcript of the words in the case of information in which words are contained in the form of shorthand writing or in coded form,
:(e) by giving the applicant the written form, in the case of information in which words are recorded in a manner in which they are capable of being reproduced in a written form, or
:(f) in any other form, electronic, magnetic, optical or otherwise, including a computer print-out, various computer storage devices and web portals.


(2) Where a request for access to information has been made in a particular form, access to information
====Section 24 — Application of Mark and Descriptions====
:(a) shall be given in that form, or
(1) A person applies a trade mark, mark or trade description to goods who
:(b) may be refused if
:(a) applies the trade mark, mark or trade description to goods directly or causes the trade mark, mark or trade description to be applied to goods;
::(i) it is likely to be detrimental to the preservation of the information; or
:(b) applies it to a covering label, reel, or any other thing in which the goods are sold or exposed or had in possession for the purpose of sale, trade, or manufacture; or
::(ii) having regard to the physical nature of the information, it is not appropriate to grant access in that form.
:(c) places, encloses, or annexes any goods which are sold or exposed or had in possession for the purpose of sale, trade, or manufacture, in, with, or to a covering, label, reel, or any other thing to which a trade mark or trade description has been applied;
:(d) uses a trade mark or mark or trade description in a manner likely to lead to the belief that the goods in connection with which it is used are designed or described by that trade mark or mark or trade description.


(3) Where access cannot be given in the form specified by the applicant but can be given in some other form,
(2) A trade mark or mark or trade description is applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to the goods or to a covering, label, reel or any other thing.
:(a) access shall be given in that other form; and
:(b) the applicant shall be provided with a reason why access cannot be given in the specified form.


(4) For the purposes of subsection (3), the applicant shall not be required to pay a fee which is greater than the fee that the applicant would have paid had access been given in the form requested.
(3) Goods delivered in pursuance of a request made by reference to a trade mark or trade description appearing in an advertisement, invoice, sign, list, business letter, business paper or any other commercial communication, are, for the purposes of paragraph (d) of subsection (1), goods in connection with which the trade mark or trade description is used.


===''Amendment of Personal Records in Custody of a Public Institution''===
(4) The particulars on the customs entry relating to any imported goods are, for the purposes of this Act, a trade description applying to the goods.


====29. Amendment of personal records====
(5) A person falsely applies a trade mark or mark to goods if without the consent of the owner of a trade mark the trade or mark applied resembles the original as to be likely to deceive; but in a prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the owner is on the defendant.
A person given access to information contained in the records of a public institution may apply for an amendment of the information if
:(a) the information represents the personal records of that person, and
:(b) in the opinion of that person, the information is incorrect, misleading, incomplete or out of date.


====30. Application for amendment of information====
(6) In this section,
(1) An application for the amendment of information contained in the records of a public institution shall
"covering" includes a stopper, cork, bottle, vessel, box, cover, capsule, case, frame or wrapper;
:(a) be in writing,
"label" includes a band or ticket.
:(b) indicate name and proof of identity,
:(c) contain particulars which will enable the records of the public institution, to which the applicant has been given access, to be identified,
:(d) specify the area in which the applicant claims the information contained in the records is incorrect, misleading, incomplete or out of date, and
:(e) be signed by the applicant.


(2) Where the applicant claims that the information contained Ltd. the records is incomplete or out of date, the application shall be accompanied with the relevant information which the applicant considers necessary to complete the records of the public institution or bring them up to date.
====Section 25 — Forging Trade Mark====
(1) A person forges a trade mark who
:(a) Without the consent of the owner of the trade mark makes that trade mark or mark so nearly resembling that trade mark as to be likely to deceive; or
:(b) falsifies a genuine trade mark, whether by alteration, addition, effacement, or otherwise;
and a trade mark or mark so made or falsified is in this Act referred to as a "forged trade mark".


(3) An application shall indicate an address to which a notice under this Act should be sent and the application shall be submitted at the office of the public institution.
(2) In a prosecution for forging a trade mark, the burden of proving the consent of the owner lies on the defendant.


===''Internal Reviews and Appeals''===
====Section 26 — Offences Relating to Trade Marks and Trade Descriptions====
(1) No person shall
:(a) apply a false trade description to goods; or
:(b) falsely apply to goods a trade mark or mark so nearly resembling a trade mark as to be likely to deceive; or
:(c) forge a trade mark; or
:(d) use an article or instrument to forge a trade mark; or
:(e) possess an article to forge a trade mark; or
:(f) cause the infringement of a mark under this subsection.


====31. Right to internal review====
(2) No person shall sell or expose for or possess for sale or for any purpose of trade or manufacture any goods or things
Except as otherwise provided in this Act, a person aggrieved by a decision of the information officer of a public institution may submit an application for internal review of that decision to the head of the public institution.
:(a) to which a forged trade mark or false trade description is applied, or
:(b) to which a trade mark or a mark so nearly resembling a trade mark as to be likely to deceive is applied.


====32. Application for internal review====
(3) Any person who contravenes subsection (1) and (2) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding two years or to both.
(1) An application for internal review shall be made within thirty days of the receipt of the decision of an information officer.


(2) An application for internal review
(4) Where a person in convicted of an offence under this section the goods and things of any kind by means of or in relation to which the offence is committed are liable, at the discretion of the court, to be forfeited to the Republic.
:(a) may be in writing;
:(b) may be made orally;
:(c) shall be addressed to the head of the public institution; and
:(d) shall state the request and the decision of the information officer which is the subject of the application for internal review,


(3) Where an applicant makes a request for internal review, the information officer shall put the oral request into writing and provide a copy of the written request to the applicant.
====Section 27 — Defences====
(1) Where a person is charged with an offence under subsection (1) of section 26, it is a good defence if that person proves the act was done without the intent to defraud.


(4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall
(2) Where a person is charged with an offence under paragraph (a), (b) or (d) of subsection (1) of section 26, or under paragraph (f) of that subsection, it is a good defence if that person proves
:(a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (CAP 262);
:(a) that being in the business of making articles or other instruments to make trade marks, the person applied marks or descriptions to goods and was not interested in the goods for profit or commission dependent on the sale of the goods;
:(b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and
:(b) that reasonable precautions were taken against committing the offence charged; and
:(c) require the applicant to make a thumbprint or a mark on the request.
:(c) that at the time of the commission of the alleged offence, there was no reason, as an employee, to doubt the genuineness of the trade mark, mark, or trade description; and
:(d) that the police officer was given the relevant information with respect to the persons on whose behalf the trade mark, mark, or description was applied.


(5) Where a request for internal review referred to in subsection (1) is lodged after the expiry of thirty days, the information officer may, upon good cause shown, allow the late lodging of the request.
(3) Where a person is charged with an offence under subsection (2) of section 26, it is good defence for that person to prove
:(a) that having taken reasonable precautions against committing an offence against this Act, that person, did not at the time of the commission of the alleged offence have a reason to doubt the genuineness of the trade mark, mark or trade description and that on demand made by or on behalf of the police officer, gave the information that was required with respect to the persons from whom the goods or things were obtained; or
:(b) that otherwise that person had acted innocently.


(6) On the receipt of a request for internal review, the information officer shall, as soon as practicable, but in any event within five days after receipt of the request,
====Section 28 — Informant to give Notice to Commissioner====
:(a) submit to the head of the public institution
(1) An informant shall
::(i) the request for internal review;
:(a) give the Commissioner notice in writing which shall stipulate;
::(ii) the reasons of the information officer for the decision; and
::(i) the number of packages expected;
::(iii) the application that is the subject of the review; and
::(ii) a description of the goods by marks or other particulars sufficient for identification;
::(iii) details of the means of conveyance and expected date of arrival of the goods in the country;
::(iv) the reasons for which the detention is requested; and
::(v) any other information the Commissioner may require.
:(b) deposit with the Commissioner such sum of money as the Commissioner may require to cover expenses which may be incurred in the examination of goods under this Part.


:(b) notify the applicant and other interested persons in writing of the submission of the records to the head of the public institution.
(2) The Commissioner may require security from the informant to recover expenses, charges, costs and damages incurred in respect of the detention and subsequent proceedings


====33. Decision on internal review====
(3) Failure to provide the security permits the Commissioner to refuse to detain the goods.
(1) The head of the public institution to whom a request for internal review is made shall, as soon as reasonably practicable, but in any event within fifteen days of receipt of the request
:(a) make a decision; and
:(b) notify the applicant of that decision in writing.


(2) Where the head of the public institution determines that access should be granted, the notice referred to in subsection (1) shall state
(4) This section applies to transhipped goods and goods in transit.
:(a) the fee payable; and
:(b) the form in which access will be given.


(3) Subject to subsection (4), where the applicant has been notified that access to the information has been granted, that applicant shall, upon payment of the prescribed fee or where no fee is payable, be given access to the information.
(5) The notice shall be in the form set out in Schedule 2.


(4) Where the head of the public institution decides to release information that contains third party information, the applicant shall not be granted access to that information unless
(6) An informant is a person other than a customs officer who has information about an offence committed under this Part.
:(a) the third party has been notified of the request and has consented to the release of the information; or
:(b) any appeal lodged against the release of the information by the applicant has been determined.


(5) Where the head of the public institution decides to release the information despite the disapproval of the third party, the head of the public institution shall inform the third 'party in writing.
====Section 29 — Proof of Place of Origin====
In a prosecution for an offence under this Act where goods are imported, evidence of the port of shipment shall be prima facie evidence of the place of origin of the goods.


(6) Where the head of the public institution refuses access to the information, the head of the public institution shall notify the applicant in writing.
====Section 30 — Limitation of Prosecutions====
A prosecution for an offence against this Act shall not be commenced after the expiration of years from the commission of the offence, or one year after the first discovery of the commission, by the prosecutor, whichever occurs first.


(7) The notice to the applicant shall
====Section 31 — Implied Warranty on Sale or Marked Goods====
:(a) state the reason for the refusal based on the
On the sale or in the contract for the sale of any goods to which a trade mark or mark or trade description has been applied, the seller warrants that the mark is a genuine trade mark and not forged or falsely applied and that the trade description is not a false trade description within the meaning of this Act, unless the contrary is expressed in some writing signed by or on behalf of the seller and delivered at the time of the sale or contract to and accepted by the purchaser.
::(i) contents of the request; and
::(ii) the information considered by the head of the public institution; .
:(b) contain a reference to the specific provision of this Act, relied on; and
:(c) inform the applicant of the right to apply to the Commission for a review of the decision in accordance with section 65 arid the process of lodging that appeal.


====34. Notice to third parties====
====Section 32—Forfeiture of Unclaimed Goods and Powers of Commissioner====
(1) Where the head of a public institution receives a notice from the Commission of a hearing or an investigation pending before the Commission, the head of the public institution shall inform the Commission of all third parties to whom the information relates.
The Customs, Excise and Preventive Service (Management) Law, 1993 (P.N.D.C.L. 330) applies to this Part with respect to the procedure for processing of unclaimed goods and the power of the Commissioner in relation to imported goods not properly marked.


(2) Subject to subsection (3), the Commission shall issue the directions that are necessary to ensure, to the extent reasonably possible that, third parties whose matters are before the Commission are notified of hearings or investigations.
====Section 33—Definition====
In this Part unless the context otherwise requires,
:'''"Commissioner"''' means Commissioner of the Customs, Excise and Preventive Service.


(3) The Commission may dispense with the notification to third parties where the Commission considers it necessary.
===PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS===
====Section 34 — Power of Registrar to Award Costs====
(1) The Registrar may award costs and direct how and by which parties they are to be paid in proceedings under this Act.


====35. Affirmation of decision====
(2) The order for costs may, by leave of the court, be enforced in the same manner as a judgment or order of the court.
Where the head of the public institution fails to give a decision on a request for internal review within fifteen days, the head of that public institution is deemed to have affirmed the original decision of the information officer.


====36. Application to High Court for judicial review====
====Section 35 — Registration to be prima facie Evidence of Validity====
(1) Where an applicant is refused access to information by a public institution
In legal proceedings relating to a registered trade mark including applications under section 20 of this Act, the fact that a person is registered as owner of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of subsequent assignments and transmission of the trade mark.
:(a) because the disclosure will be
::(i) prejudicial to the security of the State, or
::(ii) injurious to the public interest, or
:(b) for any other reason, the applicant may apply to the High Court for a judicial review of the decision.


(2) The application for judicial review shall be lodged within twenty-one days after refusal of the application.
====Section 36 — Certificate of Validity====
(1) Where there is an issue about the validity of the registration of a registered trade mark in legal proceedings, the court may certify validity in favour of the owner.


====37. Powers of the High Court====
(2) In subsequent legal proceedings where validity is an issue, the owner of the trade mark is entitled to costs, charges and expenses between legal practitioner and client on obtaining a final order or judgment unless the court certifies otherwise.
(1) In addition to its powers under the Constitution, the High Court may, in respect of an application for judicial review under section 36,
:(a) require the relevant information under the control of the public institution to be produced before it for examination and scrutiny,
:(b) enter and inspect premises occupied by the public institution concerned in the judicial review,
:(c) require to see original documents, and
:(d) summon and examine on oath a person who the High Court considers may have information relevant to the judicial review


(2) The proceedings of the High Court shall be held in camera and the High Court may prohibit the publication of information relating to the proceedings.
====Section 37 — Costs of the Registrar in Court Proceedings====
In any proceedings before the court under this Act, the Registrar shall not be awarded costs or ordered to pay the costs of any other party.


(3) The High Court shall not, in the course of a review, disclose to a party other than the representative of the public institution and the Attorney-General, information which is exempt from disclosure under, this Act.
====Section 38 — Registrar's Appearance in Proceedings====
(1) The Registrar shall be a party to proceedings by the plaintiff, appellant or applicant in which the relief sought would affect the register and the Registrar shall appear and be heard.


====38. Ruling of the High Court====
(2) The court may direct the Registrar to appear in any legal proceedings before the court.
(1) The High Court may, after hearing the application and presentations made before it, make an appropriate order.


(2) Where the High Court orders that the applicant be given access to information, the High Court shall specify the period within which the access shall be given.
(3) The Registrar instead of appearing in court may submit a signed statement giving particulars of the proceedings in relation to the matter in issue and any decision given affecting the matter and the statement shall form part of the evidence in the proceeding.


====39. Appearance before the Commission====
====Section 39 — Appeal to the Court====
A person who applies for access to information, the public institution concerned and a person affected by any proceedings under this Act whether before a Minister or a Court, may
An order or decision of the Registrar is subject to appeal.
:(a) be represented by a lawyer; or
:(b) call an expert witness.


===''Establishment of the Right to Information Commission''===
====Section 40 — Procedure in Cases of Option to Apply to Court or Registrar====
Where an applicant has an option to make an application either to the court or to the Registrar
:(a) the application shall be made to the court if an action concerning the trade mark in question is before the Court; or
:(b) Where the application is made to the Registrar, the Registrar may refer the application to the court at any stage of the proceedings or may determine the question.


====40. Establishment of the Commission====
====Section 41 — Mode of Taking Evidence in Proceedings before Registrar====
(1) There is established by this Act a body corporate to be known as the Right to Information Commission.
(1) Evidence shall be given by statutory declaration in any proceeding before the Registrar.


(2) For the performance of its functions, the Commission may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other related transaction.
(2) Notwithstanding subsection (1) the Registrar may take evidence on oath instead of or in addition to a statutory declaration.


(3) Where there is hindrance to the acquisition of immovable property, the property may be acquired for the Commission under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Commission.
(3) The Registrar shall have the same powers to require the attendance of a witness, the production of a document and the taking of evidence on oath as a court.


====41. Object of the Commission====
(4) A witness before the Registrar is entitled to the same immunities and privileges as if appearing as a witness before the court and may be awarded the same allowances as a witness.
The object of the Commission is to
:(a) promote,
:(b) monitor,
:(c) protect, and
:(d) enforce the right to information that is granted to a person under paragraph (f) of clause (1) of article 21 of the Constitution and the provisions of this Act.


====42. Independence of the Commission====
(5) A summons under this section for the attendance of a witness to give evidence or for the production of a document shall be signed by the Registrar.
(1) Subject to the Constitution, the Commission shall be independent in the performance of the functions of the Commission.
(2) The Commission shall not be subject to the direction or control of any person or authority in the performance of the functions of the Commission.
(3) The Commission shall through the Minister responsible for Finance, submit the budget of the Commission to Parliament for approval annually.


====43. Powers of the Commission====
(6) If any person
(1) The Commission may determine the nature, process and undertakings necessary for the effective performance of its functions 'under this Act.
:(a) defaults to attend as a witness when summoned by the Registrar; or
:(b) refuses to take an oath, fails to produce a document or to answer any question required by the Registrar; or
:(c) does any other thing which would amount to contempt of court
the Registrar may certify the offence of that person under official seal to the court and the court may take such measure as may be necessary as if the person is in contempt of court.


(2) The Commission shall have the power to
====Section 42 — Evidence of Entries in Register====
:(a) resolve complaints through negotiation, conciliation, mediation or arbitration;
(1) a copy of any entry in the register, purporting to be certified and sealed with the official seal of the Registrar shall be admissible in evidence in a court without further proof or production of the original.
:(b) determine the need for the nature and form of investigation required for the determination of a matter before the Commission;
:(c) make any determination as the Commission considers just and equitable including issuing recommendations or penalties in matters before the Commission;
:(d) dismiss an application for access to information if it considers the application to be frivolous or vexatious;
:(e) dismiss a complaint relating to an application for access to information by an applicant where the applicant has failed to comply with a provision of this Act;
:(f) require the production of information to which access has been refused on the basis of an exemption for the purpose of deciding whether it is an information exempt from disclosure;
:(g) limit access to information by parties in terms of this Act;
:(h) determine and issue general directions for the hearing of a matter including notice to parties;
:(i) issue specific directions where sensitive matters relating to the State are concerned;
:(j) issue specific directions in matters concerning confidential information, minors, or circumstances which the Commission considers appropriate for that action;
:(k) decide on relating to the need for and the form of, issuing and serving of notices and communications;
:(l) decide on issues of representation where necessary; and
:(m) consider the needs of persons who wish to make protected disclosures, minors and vulnerable groups.


====44. Functions of the Commission====
(2) A person may obtain a certified copy of an entry in the register from the Registrar on payment of the prescribed fee.
To achieve its object, the Commission shall
:(a) issue written orders requesting for the production of information;
:(b) examine, reproduce, take extracts from or hold information for unlimited periods, including information found in any premises entered pursuant to an inspection conducted by the Commission in the performance of the monitoring function of the Commission;
:(c) take appropriate action that is necessary to enable the Commission resolve a complaint before it;
:(d) conduct matters with as little technicality or formality and as expeditiously as possible;
:(e) hold hearings in public unless it is considered inappropriate to do so;
:(f) publish its findings, recommendations, orders, decisions and directives quarterly; and
:(g) undertake any other action that the Commission considers necessary for the effective performance of its functions.


====45. Promotion of right to information====
====Section 43 — Evidence of Things Done by Registrar====
(1) The Commission shall
A certificate purporting to be under the official seal of the Registrar shall be evidence of the action taken by the Registrar.
:(a) promote and sustain awareness within the country, and
:(b) in collaboration with other State institutions educate the public on the right to information.


(2) In promoting awareness of the right to information, the Commission shall
===PART V — MISCELLANEOUS PROVISIONS===
:(a) assess all implementation plans required to be submitted by public institutions to the Commission to ensure public institutions have clear obligations and processes which support awareness raising and education interventions at community level including disadvantaged groups;
====Section 44—Falsification of Entries in Register====
:(b) consult and collaborate with civil society organisations and interest groups;
A person who knowingly makes or causes a false entry to be made in the register commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding one year or to both.
:(c) provide recommendations and guidelines to a public institution for internal training of personnel, and provide training on request;
:(d) monitor internal training of staff within public institutions and issue notices for mandatory training where necessary;
:(e) assist an applicant and public institution on matters of interpretation of the Act;
:(f) develop the material that it considers necessary to advance promotion of access to information; and
:(g) make public and widely disseminate its annual report.


====46. Research and law reform====
====Section 45 — Offence of Falsely Representing a Trade Mark as Registered====
(1) The Commission may conduct or cause to be conducted any research it considers necessary or appropriate for the attainment of the objects of this Act.
(1) Any person who makes a false representation
:(a) that a trade mark is a registered trade mark; or
:(b) that a part of a registered trade mark is separately registered as a trade mark; or
:(c) that a registered trade mark is registered in respect of specific goods; or
:(d) that the registration of a trade mark gives an exclusive right to its use taking into account the limitations entered on the register
commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding six months or to both and, in the case of a continuing offence, a further fine not exceeding 25 penalty units for each day on which the offence continues.


(2) The Commission shall in its annual report to Parliament include a report covering reports of recommendations for any reseach [sic] and reform undertaken by the Commission.
(2) For the purposes of this section, the use in the country in relation to a trade mark of the word "registered", or of any other word or of a symbol referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except
:(a) where that word or that symbol is used in physical association with words delineated in characters at least as large as those in which that word or that symbol is delineated and indicating that the reference is to registration as a mark under the law of a place outside the country, where the registration referred to is in force;
:(b) where that word is a word other than the word "registered" or that symbol itself indicates that the reference is to the registration as described in paragraph (a); or
:(c) where that word or that symbol is used in relation to a trade mark registered as a trade mark under the law of a place outside the country and in relation to goods to be exported to that place.


====47. Monitoring powers of the Commission====
====Section 46 — Penalty for Unlawful User of Official Badges====
(1) A public institution or a relevant private body shall provide the reports that are required under this Act to the Commission.
(1) Without limiting the provisions of the Flags and Arms Protection Act, 1959 (No.61), a person shall not without lawful authority use any badge, seal, device, emblem or flag reserved by law for the use of the Republic, the President, a Minister of State, the Armed Forces, any Ministry, Department or Agency, any public officer or any member of the Armed Forces in such a manner as to lead to the belief that the person is authorised to use that badge, seal, device, emblem or flag.


(2) The Commission shall
(2) Subsection (1) applies to the use of any badge, seal, device, emblem or flag closely resembling the badge, seal, device, emblem or flag referred to in that subsection which is likely to deceive.
:(a) monitor compliance by a public institution or a relevant private body with this Act;
:(b) give reasonable notice to a public institution or a relevant private body before taking an action under subsection (4);
:(c) issue directives to a public institution or a relevant private body;
:(d) monitor implementation of its directives; and
:(e) following public consultation, develop and publicise guidelines which detail the reporting requirements that apply to a public institution or a relevant private body.


(3) The reporting requirements referred to in paragraph (e) of subsection (2) include the manner, means and time frames that apply to a public institution or a relevant private body.
(3) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding six months or to both and, in the case of a continuing offence, to a further fine not exceeding 25 penalty units for each day on which the offence continues or to imprisonment not exceeding three months instead of a fine.


(4) The Commission may, in the performance of its monitoring function,
====Section 47 — Possible Cause of Deception====
:(a) conduct an inspection;
(1) Where in the course of trade a form of connection subsists between goods and the person who has registered a trade mark in respect of the goods, the trade mark shall not be deemed to be likely to cause deception or confusion.
:(b) undertake an investigation that the Commission considers appropriate in furtherance of the inspection;
:(c) engage a public institution or a relevant private body;
:(d) request a public institution or a relevant private body to provide to the Commission information to facilitate and enhance its monitoring activities;
:(e) issue an order compelling the provision of further information; and
:(f) access any information to undertake the monitoring.


(5) Where a public institution or a relevant private body fails to comply with the notice issued by the Commission in paragraph (b) of subsection (2), the Commission may impose an administrative penalty that the Commission considers necessary.
(2) Subsection (1) operates on the ground that the trade mark has been or is used between the goods and the person using the trade mark or a predecessor of that person whether or not a different form of connection in the cause of trade subsisted or subsists.


====48. Governing body of the Commission====
====Section 48 — Jointly Owned Trade Marks====
(1) The governing body of the Commission is a Board consisting of
(1) Where the relations between two or more persons jointly interested in a trade mark do not permit the use of the trade mark by one of them except
:(a) a chairperson;
:(a) on behalf of both or all of them, or
:(b) one deputy chairperson;
:(b) in relation to an article with which both or all of them are connected in the course of trade
:(c) four other persons, two of whom are women; and
those persons may be registered as joint owners of the trade mark and this Act shall apply as if those rights had been vested in a single person but the rights of any person registered as a joint owner shall be deemed to be infringed by any of the other owners who uses the trade mark in physical or other relation to goods in respect of which the trade mark is registered under this section where both or all of the joint owners are not and have not been connected in the course of trade.
:(d) the Executive Secretary.


(2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.
(2) Subject to subsection (1), this Act does not authorise the registration of two or more persons who use a trade mark independently or propose to use it independently to be registered as joint owners.


(3) The President shall, in appointing a member of the Board, have regard to the expertise of the person.
====Section 49 — Trusts and Equities====
(1) No notice shall be entered in the register of any trust express, implied or constructive and the Registrar shall not receive notice of a trust.


(4) The Board shall ensure the proper and effective performance of the functions of the Commission.
(2) Equities in respect of a trade mark may be enforced in the same manner as any other movable property.


(5) The members of the Board shall take and subscribe to the Official Oath and Oath of Secrecy specified in the Schedule.
====Section 50 — Offences by Bodies of Persons====
Where an offence under sections 9, 45, 46 or 47 is committed by a body of persons
:(a) and the body of persons is a body corporate other than a partnership, every director, manager, secretary or an officer of similar status of that body corporate shall also be deemed to be guilty of that offence, and
:(b) in the case of a partnership, every partner or officer of similar status shall be deemed to be guilty of that offence.


====49. Tenure of office of members of the Board of the Commission====
====Section 51 — Regulations====
(1) The Minister may by legislative instrument, make Regulations for carrying into effect the provisions of this Act and in particular
:(a) for the classification of goods and services for the purposes of registration of trade marks;
:(b) for making or requiring duplicates of trade marks and other documents;
:(c) to secure and regulate the publication of trade marks and other documents;
:(d) to prescribe the fees to be paid for applications and registration and other matters and the mode of payment of those fees;
:(e) to prescribe periods for doing specific things under the Act;
:(f) to prescribe such forms as may be necessary for any of the purposes of this Act;
:(g) to regulate the business of the Registrar's office in relation to trade marks and any other things placed under the direction or control of the Registrar; and
:(h) to provide for any matter required or authorised to be prescribed by regulations.


(1) A member of the Board shall hold office for five years and is eligible for re-appointment for another term only.
(2) The Minister responsible for trade may make regulations on the importation of goods with fraudulent marks.


(2) A member of the Board may, at any time, by notice in writing to the President resign from office.
====Section 52 — Interpretation====
In this Act unless the context otherwise requires
:'''"court"''' means the High Court;
:'''"goods"''' means anything which is the subject of trade, manufacture or merchandise;
:'''"International Classification"''' means the classification according to the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15th, 1957 as last revised;
:'''"manufacturer"''', '''"dealer"''', '''"trader"''' and '''"owner"''' includes any body of persons corporate or unincorporated;
:'''"mark"''' means a trade mark;
:'''"Minister"''' means the Minister responsible for Justice;
:'''"name"''' includes abbreviation of a name;
:'''"Paris Convention"''' means the Paris Convention for the Protection of Industrial Property of March 20th, 1883 as last revised;
:'''"prescribed"''' means prescribed in Regulations made under this Act;
:'''"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;
:'''"Registrar"''' means Registrar-General;
:'''"trade name"''' means a name or designation which identifies and distinguishes an enterprise.


(3) The Commission shall notify the President of vacancies which' occur in the membership of the Board within two months of the occurrence of the vacancy.
====Section 53 — Repeal and Savings====
(1) The Trade Marks Act, 1965 (Act 270) is hereby repealed.


(4) The President may, by a letter addressed to a member of the Board, terminate the appointment of that member where that member
(2) The Merchandise Marks Act, 1964 (Act 253) is hereby repealed.
:(a) is mentally or physically incapable of performing the functions and duties of the office;
:(b) is declared insolvent;
:(c) has engaged in gross misconduct or has been involved in actions that bring the Commission into disrepute;
:(d) is convicted of a serious offence; or
:(e) is grossly incompetent.


(5) The President shall not terminate the appointment of a member of the Board unless the President has caused to be investigated an allegation made against that member and the allegation has been proven.
(3) Notwithstanding the repeal of Act 270, a mark registered under Part A and B of the register under that Act shall remain in force subject to section 3 and shall be deemed to have been registered under this Act.


====50. Meetings of the Board====
(4) Marks registered under Act 270 shall be due for renewal for a period of fourteen years from the date of expiration of the original registration or of the last renewal of registration and upon renewal shall be reclassified in accordance with the International Classification.
(1) The Board shall meet at least once every three months for the despatch of business at the time and in the places determined by the chairperson.


(2) The chairperson shall at the request in writing of not less than five members of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson.
(5) Notwithstanding the repeal under subsection (1) any regulations made under Act 270 and in force immediately before the coming into force of this Act shall continue in force as if made under the corresponding provisions of this Act until revoked.


(3) The quorum at a meeting of the Board is five members.
(6) The Merchandise Marks (Prohibited Goods) Regulations 32 1936 (Regulations No.33 of 1936) are hereby revoked.


(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, the deputy chairperson shall preside and in the absence of the deputy chairperson, a member of the Board elected by the members present from among their number shall preside.
===SCHEDULES===
====SCHEDULE 1 - Article 4 - Paris Convention (1967) - (Section 4(3))====


====51. Disclosure of interest====
[A to I. Patents, Utility Models, Industrial Designs, Marks, Investors' Certificates: Right of Priority.—G. Patents: Division of the Application]
(1) A member of the Board who has an interest in a matter for consideration shall
:(a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and
:(b) not participate in the deliberations of the Board in respect of the matter.


(2) A member ceases to be a member of the Board, if that member has an interest in a matter before the Board and fails to
A. (1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.
:(a) disclose that interest; or
:(b) recuse that member's self from the deliberations on the matter.


====52. Establishment of committees====
:(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognised as giving rise to the right of priority.
(1) The Board may, establish committees consisting of members of the Board or non-members or both to perform a function of the Board.


(2) A committee may be chaired by a member of the Board.
:(3) By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be subsequent fate of the application.


(3) The Board may assign to a committee a function determined by the Board but a committee composed of non-members is advisory only.
B. Consequently, any subsequent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis of the right of priority are reserved in accordance with the domestic legislation of each country of the Union.


(4) Section 51 applies to members of the committee.
C. (1) The periods of priority referred to above shall be twelve months for patents ad utility models, and six months for industrial designs and trademarks.
:(2) These periods shall start from the date of filing of the first application; the day of filing shall not be included in the period.
:(3) If the last day of the period is an official holiday, or a day when the office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.
:(4) A subsequent application concerning the same object as a previous first application within the meaning of paragraph (2), above, filed in the same country of the Union, shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having been laid open to public inspection and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.


====53. Allowances====
D. (1) Any person desiring to take advantage of the priority of a previous filing shall be required to make a declaration indicating the date of such filing and the country in which it was made. Each country shall determine the latest date on which such declaration must be made.
Members of the Board and members of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.
:(2) These particulars shall be mentioned in the publications issues by the competent authority, and in particular in the patents and the specifications relating thereto.
:(3) The countries of the Union may require any person making a declaration of priority to produce a copy of the application (description, drawings, etc.) previously filed. The copy, certified as correct by the authority which received such application, shall not require any authentication, and may in any case be filed, without fee, at any time within three months of the filing of the subsequent application. They may require it to be accompanied by a certificate from the same authority showing the date of filing, and by a translation.
:(4) No other formalities may be required for the declaration of priority at the time of filing the application. Each country of the Union shall determine the consequences of failure to comply with the formalities prescribed by this Article, but such consequences shall in no case go beyond the loss of the right of priority.
:(5) Subsequently, further proof may be required.


====54 Limitation on outside work====
Any person who avails himself of the priority of a previous application shall be required to specify the number of that application; this number shall be published as provided for by paragraph (2), above.
A member of the Board shall not, while in office, occupy any office of profit or engage in any partisan political activity.
Administrative and Financial Provisions


====55. Appointment of Executive Secretary====
E. (1) Where an industrial design is filed in a country by virtue of a right of priority based on the filing of a utility model, the period of priority shall be the same as that fixed for industrial designs.
(1) The Commission shall have an Executive Secretary.
(2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.


(2) The President shall, in accordance with article 195 of the Constitution appoint the Executive Secretary for the Commission.
F. No country of the Union may refuse a priority or a patent application on the ground that the applicant claims multiple priorities, even if they originate in different countries, or on the ground that an application claiming one or more priorities contains one or more elements that were not included in the application or applications whose priority is claimed, provided that, in both cases, there is unity of invention within the meaning of the law of the country.


(3) The Executive Secretary shall hold office on the terms and conditions specified in the letter of appointment.
With respect to the elements not included in the application or applications whose priority is claimed, the filing of the subsequent application shall give rise to a right of priority under ordinary conditions.


====56. Functions of the Executive Secretary====
G. Priority may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided that the application documents as a whole specifically disclose such elements.
(1) The Executive Secretary
:(a) is responsible for the day to day administration of the Commission and is answerable to the Board in the performance of the functions under the Act; and
:(b) shall perform any other function determined by the Board.


(2) The Executive Secretary may delegate a function to an officer of the Commission but shall not be relieved of the ultimate responsibility for the performance of the delegated function.
H. (1) Applications for inventor's certificates filed in a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate shall give rise to the right of priority provided for by this Article, under the same conditions and with the same effects as applications for patents.


====57. Appointment of other staff====
(2) In a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate, an applicant for an inventor's certificate shall, in accordance with the provisions of this Article relating to patent applicants, enjoy a right of priority based on an application for a patent, a utility model, or an inventor's certificate.
The President may, in accordance with article 195 of the Constitution, appoint officers and other employees that are necessary for the effective implementation of the functions of the Commission.


====58. Secretary to the Board====
====SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III====
(1) The President shall, in accordance with article 195 of the Constitution, appoint a Secretary to the Board.
I .................... of ................................. hereby request that the goods specified and about to be imported into the country be detained by the Commissioner of the Customs, Excise and Preventive Service.


(2) The Secretary shall perform the functions directed by the Executive Secretary or the Board.


(3) The Secretary is, in the performance of functions, answerable to the Executive Secretary and the Board.
Particulars


====59. Engagement of expert====
1. Number of packages .......................................................................
The Commission may engage the services of an expert for the purpose of exercising a power, duty or function under this Act.


====60. Funds of the Commission====
2. Description of goods .....................................................................
The funds of the Commission include
:(a) moneys approved by Parliament;
:(b) administrative penalties imposed by the Commission; and
:(c) donations, gifts and grants.


====61. Bank account====
3. Name of ship and date of arrival .........................................................
The moneys for the Commission shall be paid into a bank account opened for that purpose with the approval of the Controller and Accountant-General.


====62. Expenses of the Commission====
4. If importation not by ship any other manner of importation ...............................
The expenses of the Commission shall be paid from moneys provided for the Commission under section 60.


====63. Accounts and audit====
5. Full particulars of the reasons for which detention is asked..............................
(1) The Commission shall keep the books, records, returns and other documents relating to the accounts of the Commission in the form approved by the Auditor-General.


(2) The Commission shall submit the accounts of the Commission to the Auditor-General for audit within six months after the end of the financial year.


(3) The Auditor-General shall, not later than six months, after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Commission and the Board.
Signed .....................................................


(4) The financial year of the Commission shall be the same as the financial year of the Government.
Witness to Signature .......................................


====64. Annual report and other reports====
Date .......................................................
(1) The Commission shall within thirty days after the receipt of the audit report submit to the Minister an annual report covering the activities and the operations of the Commission for the year to which the report relates.
 
(2) The annual report shall include the report of the Auditor-General.
 
(3) The Minister shall, within one month after the receipt of the annual report, submit the annual report to Parliament with a statement that the Minister considers necessary.
 
(4) The Commission shall also submit to the Minister any other report which the Minister may require in writing.
 
===''Application for Review by the Commission''===
 
====65. Application for review====
(1) A person who is dissatisfied with a decision of a public institution or a relevant private body, may apply to the Commission for a review of the decision.
 
(2) An application to the Commission may be made orally or in writing.
 
(3) Where an application is made orally, the Commission, shall reduce the oral application into writing and provide a copy of the written record to the applicant.
 
(4) Where the applicant is illiterate and the application has been reduced into writing, the information officer at the commission shall
:(a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262);
:(b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request" and
:(c) ask the applicant to make a thumbprint or mark on the request.
 
====66. Exhaustion of internal review procedure====
Subject to subsections (1) and (2) of section 65, an application to
:(a) the Commission for a review of the decision of a public institution shall only be made to the Commission after the applicant has exhausted all rights of internal review offered by the public institution or relevant private body, or
:(b) the High Court for a review of the decision of a public institution shall only be made after the applicant has exhausted all rights of review by the Commission.
 
====67. Direct access====
(1) Despite section 66, a person may make an application to the Commission without exhausting the internal review procedure under this Act where
:(a) the information requested is the personal information of the applicant and the initial request to a public institution or a relevant private body has been refused;
:(b) the information requested was previously in the public domain;
:(c) the head of the public institution or the relevant private body is the information officer of that institution or body; or
:(d) the request for information is time bound.
 
(2) An applicant who requests access to information which is reasonably believed to be necessary to safeguard the life or liberty of a person may apply directly to the Commission for a review of the decision if that person
:(a) is refused access to the information; or
:(b) receives no notice of the decision of the public institution or the relevant private body within forty-eight hours of the request.
 
(3) Where the Commission receives an application under subsection (2), the Commission may on an assessment of the facts
:(a) determine the matter summarily; or
:(b) remit the application to the information officer to undertake further investigation before making a determination.
 
(4) A staff member or a public institution or a relevant private body, who wishes to report a wrongdoing under this Act, may contact the Commission without exhausting any applicable internal procedures.
 
====68. Right to make representations====
(1) In a matter before the Commission, reasonable opportunity shall be given to
:(a) the applicant;
:(b) the head of the public institution or relevant private body concerned; and
:(c) a third party, if the information requested contains third party information and the third party can be reasonably located.
 
(2) The Commission shall uphold the right of the public to be present during a hearing except when, in the view of the Commission, the circumstances dictate that the hearing should be held in camera.
 
(3) With respect to any matter before it, the Commission may
:(a) summon witnesses, heads of organs of State, or any person where necessary;
:(b) allow an interested party on application to join proceedings;
:(c) provide assistance to an applicant where appropriate;
:(d) allow a relevant person to participate in hearings through any medium that person chooses; or
:(e) administer oath and receive any evidence that it considers necessary under oath or on affidavit.
 
(4) The Commission shall have the power, rights and privileges of the High Court or a Justice of the High Court at a trial for
:(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
:(b) compelling the production of documents; and
:(c) issuing a commission or request to examine witnesses abroad.
 
====69. Notices and communications====
(1) The Commission shall serve notice on all relevant parties of
:(a) its findings on
::(i) an investigation, or
::(ii) monitoring,
:(b) its summary findings,
:(c) an application,
:(d) a decision on a hearing, or
:(e) a referral to an appropriate Court, including a right of appeal.
 
(2) Where in the view of the Commission, service of the notice of the finding will cause prejudice as a result of the sensitive nature of the exempt information, the Commission shall amend the finding in the appropriate manner.
 
(3) The Commission may decide to dispense with notification where giving notice may
:(a) prejudice the conduct of an investigation of a breach or possible breach of the law;
:(b) prejudice the enforcement or administration of the law;
:(c) endanger the life or physical safety of a person;
:(d) cause substantial prejudice to the commercial interests of a private individual or a private business; or
:(e) impair relations between Ghana and other States.
 
====70. Duty to assist Commission====
A public institution, a relevant private body or an interested party shall assist the Commission in the course of an application or investigation.
 
===''Orders, Decisions and Directives of the Commission''===
 
====71. Orders, decisions and directives====
(1) The Commission shall issue binding orders or make recommendations on a matter before the Commission.
 
(2) A decision of the Commission may include
:(a) an affirmation of the decision of the information holder;
:(b) a variation of the type of access originally granted or requested;
:(c) setting aside the decision of the public institution or relevant private body;
:(d) making a ruling;
:(e) requiring the public institution or relevant private body to take the steps that are necessary to ensure that the public institution or relevant private body has complied with the obligations under this Act;
:(f) imposition of an administrative penalty against the public institution or relevant private body where the public institution or relevant private body fails to comply with an obligation under this Act;
:(g) mandating negotiation, conciliation and arbitration for the purpose of the resolution of a complaint; or
:(h) any other summary order it considers just and equitable.
 
(3) The Commission shall
:(a) produce a statement of facts, findings and reasoning for decisions on matters before it, and
:(b) make a copy of the statement, findings and reasoning available to parties to the matter free of charge.
 
(4) The Commission may issue directives that the Commission considers necessary for the enforcement of its decisions.
 
===''General and Miscellaneous Provisions''===
====72. Burden of proof====
(1) Subject to subsection (3), the public institution or relevant private body shall bear the burden of proof.
 
(2) Where the public institution or relevant private body refuses to grant access to information, that public institution or relevant private body shall be required to prove that
:(a) the information requested is exempt from disclosure under this Act; and
:(b) more harm would be caused by the release of the information to the applicant over and above the public interest in the release of the information.
 
(3) The applicant bears the burden of proof where
:(a) a request to a relevant private body is refused on the basis that the information requested does not assist in the exercise or protection of a right; or
:(b) the applicant asserts that
::(i) the reproduction fee is not payable on the basis that the information requested is in the public interest; or
::(ii) the applicant is indigent.
 
====73. Information officers====
For the purposes of this Act, an information officer of a public institution or an officer designated as an information officer shall perform the functions assigned to an information officer under this Act.
 
====74. Immunities====
(1) An information officer is not liable to any action, claim, suit or demand whether criminal or civil for an omission or action taken by that information officer who, in the course of duty provides information to an applicant or in compliance with the provisions of this Act.
 
(2) The giving of information under this Act or the making of a decision to give information does not constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the information by the person to whom information is given.
 
====75. Fees and charges of public institution====
(1) An applicant seeking access to information under this Act shall pay the fee or charge approved by Parliament in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793).
 
(2) Despite subsection (1), a fee or charge shall not be payable for
:(a) the reproduction of personal information of the applicant;
:(b) the reproduction of personal information of a person on whose behalf an application is made;
:(c) the reproduction of information which is in the public interest;
:(d) information that should have been provided within the stipulated time under this Act;
:(e) information to an applicant who is indigent;
:(f) information to a person with disability;
:(g) time spent by an information officer or information reviewing officer in reviewing the information requested;
:(h) time spent by an information officer or information reviewing officer in examining whether the information requested is exempt information; or
:(i) preparing the information for which access is to be provided.
 
(3) Where a request is made for information to be provided in a language other than the language in which the information is held, the information officer may request the applicant to pay the reasonable costs for translating the information into the language requested by the applicant.
 
(4) Where a request is made for a written transcript of the information held by a public institution, the information officer may request the applicant to pay the reasonable cost of the transcription.
 
(5) Where a request is made for information to be provided in a medium or format in which the information is held, the information officer may request the applicant to pay the reasonable cost of media conversion of reformatting.
 
====76. Retention of charges====
(1) Subject to the Constitution, a public institution is authorised to retain charges received by that public institution under this Act.
 
(2) The charges retained by the public institution under subsection (1), shall
:(a) only be used to defray expenses incurred by the public institution in the performance of functions under this Act; and
:(b) be paid into a bank account opened for the purpose with the approval of the Controller and Accountant-General.
 
====77. Annual reports by public institutions====
(1) A public institution shall, within sixty days after the 31st of December each year, submit a written report on the activities of the public institution under this Act during the preceding year to the Commission.
 
(2) The report shall include
:(a) the number of applications for information during the reporting period;
:(b) the number of applications approved and the number rejected together with the reasons for the rejection;
:(c) the number of reviews requested, the number granted and the number dismissed together with reasons; and
:(d) the number of applications to the Court for judicial review and the results of the reviews, if any.
 
(3) The Minister may in writing request for any other information which the Minister considers necessary for the purposes of submitting a comprehensive report to Parliament.
 
(4) The Minister shall by the 30th of June each year, lay before Parliament, an annual report on the activities of public institutions and the Commission in respect of the preceding year based on the annual reports of the public institutions.
 
====78. Limitation of period for information exempt from disclosure====
(1) Information classified as exempt information under sections 5 to 16 ceases to be exempt information on the expiry of thirty years calculated from the end of the calendar year in which the information came into existence.
 
(2) On the expiry of the period specified in subsection (1), a person may seek access to the information .and the public institution which has custody of the information shall give access in accordance with the procedure established under this Act, except that where disclosure of the information will endanger the life or physical safety of an individual, public safety, national security, national economic interest and international relations with any other country the information shall not be disclosed.
 
====79. Information held by the national archives, museums and libraries====
This Act does not apply to information held by the national archives, libraries and museums to which the public have access.
 
====80. Application of Act to existing and future information====
This Act applies to information which came into existence before, or comes into existence after, the commencement of this Act.
 
====81. Offence of disclosure of exempt information====
A person who wilfully discloses information which is exempt from disclosure under this Act commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than six months and not more than three years or to both.
 
====82. Other offences====
(1) A failure or neglect by an information officer or other public officer to perform a function authorised by this Act where the occasion arises to perform that function constitutes a gross misconduct.
 
(2) A person who
:(a) seeks or gains access to the personal record of another person under false pretences,
:(b) wilfully makes a false statement
::(i) to mislead any other person in order to gain access, or
::(ii) to gain access to information, or
:(c) with intent to deny right to information,
::(i) destroys, damages, alters or conceals a document, or
::(ii) makes a false entry in a document, commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than three years or to both the fine and the term of imprisonment.
 
====83. Regulations====
(1) The Minister may, in consultation with the Board, by legislative instrument, make Regulations
:(a) making it obligatory for public institutions and private organisations to maintain their records in good and accessible condition in order to facilitate access to information;
:(b) for further procedures for access to information under this Act; and
:(c) to provide for matters that are necessary to give full effect to this Act.
 
(2) The Minister may, in consultation with the Board, by legislative instrument, extend the application of this Act to the private sector.
 
(3) The legislative instrument made under subsection (1) shall specify
:(a) the provision of the Act which shall apply to the private sector;
:(b) the type of information to which access should be given; and
:(c) the exemptions which shall apply to the private sector as they apply in the public sector.
 
====84. Interpretation====
In this Act, unless the context otherwise requires,
:"access" means right to information;
:"access to information" means the right to obtain information from a public institution;
:"Attorney-General" means the Attorney-General appointed under article 88 of the Constitution;
:"Commission" means the Right to Information Commission established under section 40 of this Act;
:"contact details" means the information by which an applicant and an information officer may be contacted for the purposes of obtaining or providing access to information under this Act;
:"contractor" means a person who has agreed to provide goods or services to another person under a set of agreed terms with that other person;
:"Court" means a court of competent jurisdiction;
:"designated officer" means an officer so designated for the purposes of this Act;
:"exempt information" means information which falls within any of the exemptions specified in sections 5 to 16;
:"function" includes powers and duties;
:"Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised;
:"information" includes recorded matter or material,
::(a) regardless of form or medium,
::(b) in the possession or under the control or custody of a public institution, and
::(c) whether or not it was created or made by a public institution and, in the case of a private body, relates to the performance of a public function;
:"information officer" includes the information officer of the public institution or the officer designated as an information officer to whom an application is made;'
:"international organisation" includes an organisation of States or Government of States or an organ of that organisation;
:"Minister" means the Minister responsible for Information;
:"public institution" includes a private institution or a private organisation that receives public resources or provides a , public function;
:"relevant private body" means a private body that the Minister may by legislative instrument add to the list of private bodies performing a public function;
:"right to information" means the right assigned to access information;
:"State secret" includes information considered confidential by the Government which if disclosed would be prejudicial to the security of the State or injurious to the public interest; and
:"trade secret" means a secret formula or technique, process, programme, device or product known and used to the advantage of only one manufacturer and the disclosure of which would cause significant economic loss to the owner or manufacturer.
 
====85. Application to and modification of existing enactments====
Where an enactment in existence immediately before the coming into force of this Act, provides for the disclosure of information by a person or an authority, the disclosure of the information is subject to this Act.
 
====86. Commencement====
This Act shall come into force at the commencement of the next financial year.
 
===SCHEDULE===
 
====PART A====
OFFICIAL OATH ((Section 48(5))
 
I,..................................................................................................do (in the name of the Almighty God (swear) (solemnly affirm) that I will at all times well and truly serve the Republic of Ghana in the office of.........................................................and that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana as by law established (So help me God).
 
 
 
====PART B====
 
OATH OF SECRECY ((Section 48(5))
 
I.................................................................................. holding the office of .............................................................do (in the name of the Almighty God swear / solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specially permitted by law. (So help me God).
 
(To be sworn before the President or such other person as the President may designate).

Latest revision as of 00:12, 11 June 2024

ARRANGEMENT OF SECTIONS

PART I — REGISTRATION OF TRADE MARKS

1. Meaning of Trade Mark
2. Meaning of Collective Mark
3. Registration of Trade Mark
4. Application for Registration
5. Grounds for Refusal of Registration
6. Examination and Opposition to Registration of Trade Mark
7. Registration Certificate
8. Application for Registration of Collective Mark
9. Rights Conferred by Registration
10. Term of Protection of Trade Mark
11. Renewal of Trade Mark
12. Invalidation of Mark
13. Invalidation of Collective Mark
14. Removal of Trade Mark from Register for Non-use
15. Change in Ownership
16. Licence Contract
17. Agency

PART II — TRADE MARK REGISTRY

18. Trade Mark Registry
19. Register of Marks
20. Rectification or Correction of Register
21. Publication
22. Corrections of Errors and Extension of Time

PART III — TRADE DESCRIPTION AND FRAUDULENT MARKS

23. Trade Description and Fraudulent Marks
24. Application of Mark and Descriptions
25. Forging Trade Mark
26. Offences Relating to Trade Marks and Trade Descriptions
27. Defences
28. Informant to Give Notice to Commissioner
29. Proof of Place of Origin
30. Limitation of Prosecutions
31. Implied Warranty on Sale or Marked Goods
32. Forfeiture of Unclaimed Goods and Powers of Commissioner
33. Definition

PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS

34. Power of Registrar to Award Costs
35. Registration to be prima facie Evidence of Validity
36. Certificate of Validity
37. Costs of the Registrar in Court Proceedings
38. Registrar's Appearance in Proceedings
39. Appeal to the Court
40. Procedure in Cases of Option to Apply to Court or Registrar
41. Mode of Taking Evidence in Proceedings before Registrar
42. Evidence of Entries in Register
43. Evidence of Things Done by Registrar

PART V — MISCELLANEOUS PROVISIONS

44. Falsification of Entries in Register
45. Offence of Falsely Representing a Trade Mark as Registered
46. Penalty for Unlawful User of Official Badges
47. Possible Cause of Deception
48. Jointly Owned Trade Marks
49. Trusts and Equities
50. Offences by Bodies of Persons
51. Regulations
52. Interpretation
53. Repeal and Savings

SCHEDULES

Schedule 1
Schedule 2

PURPOSE

AN ACT to provide for the protection of trade marks and for related matters.

DATE OF ASSENT

29th January, 2004.

ACT

PART I — REGISTRATION OF TRADE MARKS

Section 1 — Meaning of Trade Mark

Trade mark means any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings including words such as personal names, letters, numerals and figurative elements.

Section 2 — Meaning of Collective Mark

A collective mark is a visible sign capable of distinguishing the origin or any other common characteristic including the quality of goods or services of different enterprises which use the sign under the control of a registered owner from the goods or services of other enterprises.

Section 3 — Registration of Trade Mark

Registration of a trade mark by any person confers an exclusive right to the use of the trade mark on the person.

Section 4 — Application for Registration

(1) An application for the registration of a trade mark shall be filed with the Registrar and is subject to the payment of the prescribed fee.

(2) The application shall be accompanied with a reproduction of the trade mark and a list of the goods or services for which the registration of the trade mark is requested using the International Classification.

(3) The application may contain a declaration claiming the priority of an earlier national or regional application filed by the applicant or the predecessor in title of the applicant as provide for in article 4 of the Paris Convention set out in Schedule 1

(a) in or for any state party to the Convention; or
(b) in or for any member of the World Trade Organisation

and the Registrar may require the applicant to provide within the prescribed time a copy of the earlier application certified as correct by the office with which it was filed.

(4) Where the Registrar finds that the requirements under subsection (3) have not been met, the declaration shall cease to have effect.

(5) The applicant may withdraw the application.

Section 5 — Grounds for Refusal of Registration

No trade mark shall be registered if,

(a) it is a trade name;
(b) it is incapable of distinguishing the goods or services of one enterprise from the goods or services of another enterprise;
(c) it is contrary to public order or morality;
(d) it is likely to mislead the public or trade circles with particular reference to the geographical origin of the goods or services, their nature or characteristics;
(e) it is identical to or is an imitation of or contains as an element, an armorial bearing, flag, emblem, name, abbreviation or initials of the name, official sign or hallmark adopted by a State, intergovernmental organisation or organisation created by an international convention unless authorised by the competent authority of that State or organisation;
(f) it is identical to or confusingly similar to or constitutes a translation of a trade mark or trade name which is well known in the country for identical or similar goods or services of another enterprise, or the trade mark is well known and registered in the country for goods or services which are not identical or similar to those under application but the use of the trade mark will indicate a connection between those goods or services and the owner of the well known trade mark and the interests of the owner of the well known trade mark are likely to be damaged by the use of the trade mark;
(g) the trade mark is identical to a trade mark of another owner already on the register or identical to a trade mark the subject of an application with an earlier filing or priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion.

Section 6 - Examination and Opposition to Registration of Trade Mark

(1) The Registrar shall examine whether the application complies with the requirements of

(a) section 1;
(b) section 3;
(c) subsection (1) and (2) of section 4; and
(d) section 5.

(2) If the Registrar finds that the conditions in subsection (1) have been complied with, the Registrar shall accept the application to be published so that any interested person may file a notice of opposition to the registration within the prescribed period and in the prescribed manner.

(3) An interested party may give notice of opposition to the Registrar on the grounds that section 1 or one or more of the requirements of section 4 have not been complied with.

(4) The Registrar shall send the notice of opposition to the applicant and the applicant shall send the Registrar in the prescribed manner within the prescribed period a counter-statement of the grounds on which the applicant relies.

(5) If the applicant fails to respond to the notice of opposition the applicant shall be deemed to have abandoned the application.

(6) The Registrar shall send a copy of the counter-statement to the person who filed the notice of opposition and shall decide whether the trade mark should be registered after hearing the parties.

(7) The applicant has the same privileges and rights when an application is published and until the registration of the trade mark as the applicant would have if the trade mark had been registered, it shall however be a valid defence to an action in respect of an act done after the application was published, if the alleged infringer establishes that the trade mark could not validly have been registered at the time the act was done.

Section 7 — Registration Certificate

The Registrar shall register the trade mark, publish a reference to the registration and issue the applicant with a certificate of registration if

(a) the registration has not been opposed within the prescribed time limit; or
(b) the registration has been opposed but the opposition was decided in favour of the applicant.

Section 8 — Application for Registration of Collective Mark

(1) An application for registration of a collective mark shall designate the trade mark as a collective mark and be accompanied with a copy of the regulations governing the use of the collective mark.

(2) Sections 4, 5, 6, 7, 9, 10, 11, and 14 shall apply to collective marks.

(3) The registered owner of a collective mark shall notify the Registrar of any changes made in the regulations.

Section 9 — Rights Conferred by Registration

(1) A person other than a registered owner of a trade mark shall not use the mark in relation to any goods or services for which the trade mark was registered without the agreement of the owner.

(2) The registered owner may institute court action against any person who infringes a registered trade mark by

(a) using a registered mark without permission; or
(b) performing acts which make it likely that infringement may occur.

(3) No person shall knowingly infringe the rights of the owner of a registered trade mark by using a trade mark in relation to goods or services for which the trade mark was registered without the consent of the owner.

(4) The right of the registered owner under this section shall, in addition to any other remedies, extend to the use of a sign similar to the registered trade mark and use in relation to goods or services similar to those for which the mark has been registered where confusion may arise in the public.

(5) Where there is use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.

(6) The rights conferred by registration of a mark shall not extend to acts in respect of articles which have been put on the market in any country by the registered owner or with the consent of the owner.

(7) Section 5(f) shall apply with such modification as may be required in any action instituted by the owner of a well-known trade mark against any person in respect of the unlawful use of the well-known trade mark.

(8) A person who infringes the right of a registered owner of a trade mark by knowingly using a trade mark for goods or services without the consent of the registered owner commits an offences and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding one year or to both.

Section 10 — Term of Protection of Trade Mark

The registration of a trade mark is for a period of ten years from the filing date of the application for registration.

Section 11 — Renewal of Trade Mark

(1) The registration of a trade mark may be renewed for consecutive periods of ten years upon payment of the fee prescribed for renewal.

(2) A grace period of six months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge.

Section 12 — Invalidation of Mark

(1) The High Court shall invalidate the registration of a trade mark if the person requesting the invalidation proves that section 1 or any requirement of section 4 has not been complied with.

(2) The court may invalidate the registration of a trade mark if because of any act or inactivity of the owner, it has become the common name in the trade for goods or services for which it is registred.

(3) The invalidation of the trade mark is effective from the date of registration.

(4) The Registrar shall record the invalidation and publish the invalidation as soon as possible.

Section 13 — Invalidation of Collective Mark

The High Court shall invalidate the registration of a collective mark if the person requesting the invalidation proves that

(a) only the registered owner uses the trade mark to the exclusion of other enterprises;
(b) the registered owner permits the use of the trade mark in contravention of the regulations of the collective mark; or
(c) the registered owner uses or permits the use of the trade mark in a manner likely to deceive trade circles or the public as to the origin or any other common characteristics of the goods or services concerned.

Section 14 — Removal of Trade Mark from Register for Non-use

(1) A person interested in a trade mark may request the Registrar to remove a trade mark from the register because up to one month prior to filing for removal, the trade mark had not been used by the registered owner or a licensee for any of the goods or services in respect of which it was registered for a continuous period of five years or longer.

(2) The trade mark shall not be removed from the register if it is shown that special circumstances prevented the use of the trade mark and that there was no intention to abandon the trade mark in respect of those goods or services.

Section 15 — Change in Ownership

(1) (a) A change in the ownership of a trade mark or of an application for registration of a trade mark shall be in writing and shall be filed with the Registrar;

(b) a change in the ownership of a collective mark or of an application for the registration of a collective mark shall be in writing and shall be filed with the Registrar.

(2) The change shall be recorded and published by the Registrar.

(3) A third party shall not be affected by a change of ownership of a trade mark or collective mark until the change of ownership has been filed with the Registrar.

(4) A change in the ownership of the registration of a trade mark or a collective mark shall not be valid if it is likely to deceive or cause confusion with regard to the nature, origin, manufacturing process, characteristics or suitability for the purpose of the goods or services to which the trade mark or collective mark is applied.

(5) A change in the ownership of a trade name shall be in writing addressed to the Registrar when an enterprise is being transferred or when part of the enterprise identified by that name is being transferred.

Section 16 — Licence Contract

(1) A licence contract concerning the registration of a trade mark or an application for registration shall be submitted to the Registrar who shall keep its contents confidential but shall record it and publish a reference to it.

(2) A licence contract shall not be valid against third parties until it has been filed with the Registrar.

Section 17 — Agency

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.

PART II — TRADE MARK REGISTRY

Section 18 — Trade Mark Registry

(1) There shall be a Trade Mark Registry which shall be located at the Registrar-General's Department.

(2) The Registry shall be responsible for the registration of trade marks and for the administration of registered marks.

(3) The Registry shall be headed by the Registrar-General who shall be assisted by such Assistant Registrars as may be appointed in accordance with article 195 of the Constitution.

(4) The Registrar may delegate any functions of the office of the Registrar to an Assistant Registrar.

Section 19 — Register of Marks

(1) There shall be a register of trade marks.

(2) Collective marks shall be registered in a special section of the register of trade marks.

(3) There shall be recorded in the register entries required under this Act.

(4) The register of trade marks shall be open to the public and any person may obtain an extract from the register in accordance with this Act.

Section 20 — Rectification or Correction of Register

(1) A person aggrieved by the non-insertion, omission, an error or defect in an entry in the register or by an entry that wrongly remains on the register may apply to the Registrar to make, expunge or vary the entry but an application for rectification may not be made for any matter that affects the validity of the registration of the trade mark.

(2) Where court proceedings have commenced concerning the trade mark, the application for rectification of the register shall be made to the court.

(3) Where an application for rectification is made to the Registrar, the Registrar may refer the application to the court at any stage during the proceedings before the Registrar.

(4) Where there is fraud in the registration, assignment or transmission of a registered trade mark, the Registrar may apply to the court for rectification.

(5) A rectification order from the court shall direct that notice of the rectification be served in the prescribed manner on the Registrar who shall comply with the notice.

(6) A registered owner or a person authorised by the owner may apply to the Registrar

(a) to correct an error or enter a change in the name, address or description of the registered owner of a trade mark in the register;
(b) to cancel the entry of a trade mark in the register;
(c) to strike out any goods or classes of goods from those in respect of which a mark is registered; or
(d) to enter a disclaimer or memorandum relating to a trade mark which does not extend the rights given by the existing registration of the mark.

(7) A licensee of a trade mark may correct an error or enter a change in the name, address or description of the registered owner with the consent of the owner.

Section 21 — Publication

The Registrar shall cause to be published in the Gazette, or in an official Bulletin, and any print media any publication required under this Act.

Section 22 — Corrections of Errors and Extension of Time

(1) The Registrar may correct any error or mistake in

(a) an application or document filed with the Registry; and
(b) an entry made under this Act.

(2) The Registrar may extend the time for doing any act or taking any proceeding under this Act upon notice to the parties concerned and on such terms as the Registrar may direct.

PART III — TRADE DESCRIPTION AND FRAUDULENT MARKS

Section 23 — Trade Description and Fraudulent Marks

(1) A trade description is a description, statement or any other indication direct or indirect

(a) as to the number, quantity, measure, gauge, or weight of any goods; or
(b) as to the standard of quality of any goods, according to a classification commonly used or recognised in the trade; or
(c) as to the fitness for purposes, strength, performance or behaviour of any goods; or
(d) as to the place or country in which any goods were made or produced; or
(e) as to the mode of manufacturing or producing any goods; or
(f) as to the material of which any goods are composed; or
(g) as to any goods the subject of an existing patent, privilege, or copyright;

and the use of a figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the matters referred to in paragraphs (a) to (g) shall be deemed to be a trade description within the meaning of this Act.

(2) A description is false if

(a) it is likely to be misunderstood as, or mistaken for, an indication as to the same or some other matter which would be false or misleading in a material respect with respect to the goods to which the description is applied; and
(b) anything likely to be misunderstood as, or mistaken for, an indication of any of those matters is for those purposes a trade description and includes an alteration of a trade description whether by addition, effacement or otherwise where that alteration makes the description false or misleading in a material respect; and
(c) the fact that a trade description is a trade mark or part of a trade mark shall not prevent the trade description from being a false trade description.

(3) The provisions of this Act with respect to the application of a false trade description to goods shall extend to the application to goods of any figures, words, or marks, or arrangement or a combination of any of them, whether including a trade mark or not, as are reasonably likely to lead persons to believe that the goods are the manufacture or merchandise of a person other than the person whose manufacture or merchandise they really are.

(4) The provisions of this Act with respect to the application of a false trade description to goods, or with respect to goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in the same way as if the name or initials were a trade description.

(5) In subsection (4) the expression false name or initials means as applied to goods,

(a) any name which is or initials which are not a trade mark or part mark but is or are identical with or a colourable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and not having authorised the use of the name or initials, and
(b) any name which is or initials which are either those of a fictitious person or of a person not in good faith carrying on business in connection with those goods.

Section 24 — Application of Mark and Descriptions

(1) A person applies a trade mark, mark or trade description to goods who

(a) applies the trade mark, mark or trade description to goods directly or causes the trade mark, mark or trade description to be applied to goods;
(b) applies it to a covering label, reel, or any other thing in which the goods are sold or exposed or had in possession for the purpose of sale, trade, or manufacture; or
(c) places, encloses, or annexes any goods which are sold or exposed or had in possession for the purpose of sale, trade, or manufacture, in, with, or to a covering, label, reel, or any other thing to which a trade mark or trade description has been applied;
(d) uses a trade mark or mark or trade description in a manner likely to lead to the belief that the goods in connection with which it is used are designed or described by that trade mark or mark or trade description.

(2) A trade mark or mark or trade description is applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to the goods or to a covering, label, reel or any other thing.

(3) Goods delivered in pursuance of a request made by reference to a trade mark or trade description appearing in an advertisement, invoice, sign, list, business letter, business paper or any other commercial communication, are, for the purposes of paragraph (d) of subsection (1), goods in connection with which the trade mark or trade description is used.

(4) The particulars on the customs entry relating to any imported goods are, for the purposes of this Act, a trade description applying to the goods.

(5) A person falsely applies a trade mark or mark to goods if without the consent of the owner of a trade mark the trade or mark applied resembles the original as to be likely to deceive; but in a prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the owner is on the defendant.

(6) In this section, "covering" includes a stopper, cork, bottle, vessel, box, cover, capsule, case, frame or wrapper; "label" includes a band or ticket.

Section 25 — Forging Trade Mark

(1) A person forges a trade mark who

(a) Without the consent of the owner of the trade mark makes that trade mark or mark so nearly resembling that trade mark as to be likely to deceive; or
(b) falsifies a genuine trade mark, whether by alteration, addition, effacement, or otherwise;

and a trade mark or mark so made or falsified is in this Act referred to as a "forged trade mark".

(2) In a prosecution for forging a trade mark, the burden of proving the consent of the owner lies on the defendant.

Section 26 — Offences Relating to Trade Marks and Trade Descriptions

(1) No person shall

(a) apply a false trade description to goods; or
(b) falsely apply to goods a trade mark or mark so nearly resembling a trade mark as to be likely to deceive; or
(c) forge a trade mark; or
(d) use an article or instrument to forge a trade mark; or
(e) possess an article to forge a trade mark; or
(f) cause the infringement of a mark under this subsection.

(2) No person shall sell or expose for or possess for sale or for any purpose of trade or manufacture any goods or things

(a) to which a forged trade mark or false trade description is applied, or
(b) to which a trade mark or a mark so nearly resembling a trade mark as to be likely to deceive is applied.

(3) Any person who contravenes subsection (1) and (2) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding two years or to both.

(4) Where a person in convicted of an offence under this section the goods and things of any kind by means of or in relation to which the offence is committed are liable, at the discretion of the court, to be forfeited to the Republic.

Section 27 — Defences

(1) Where a person is charged with an offence under subsection (1) of section 26, it is a good defence if that person proves the act was done without the intent to defraud.

(2) Where a person is charged with an offence under paragraph (a), (b) or (d) of subsection (1) of section 26, or under paragraph (f) of that subsection, it is a good defence if that person proves

(a) that being in the business of making articles or other instruments to make trade marks, the person applied marks or descriptions to goods and was not interested in the goods for profit or commission dependent on the sale of the goods;
(b) that reasonable precautions were taken against committing the offence charged; and
(c) that at the time of the commission of the alleged offence, there was no reason, as an employee, to doubt the genuineness of the trade mark, mark, or trade description; and
(d) that the police officer was given the relevant information with respect to the persons on whose behalf the trade mark, mark, or description was applied.

(3) Where a person is charged with an offence under subsection (2) of section 26, it is good defence for that person to prove

(a) that having taken reasonable precautions against committing an offence against this Act, that person, did not at the time of the commission of the alleged offence have a reason to doubt the genuineness of the trade mark, mark or trade description and that on demand made by or on behalf of the police officer, gave the information that was required with respect to the persons from whom the goods or things were obtained; or
(b) that otherwise that person had acted innocently.

Section 28 — Informant to give Notice to Commissioner

(1) An informant shall

(a) give the Commissioner notice in writing which shall stipulate;
(i) the number of packages expected;
(ii) a description of the goods by marks or other particulars sufficient for identification;
(iii) details of the means of conveyance and expected date of arrival of the goods in the country;
(iv) the reasons for which the detention is requested; and
(v) any other information the Commissioner may require.
(b) deposit with the Commissioner such sum of money as the Commissioner may require to cover expenses which may be incurred in the examination of goods under this Part.

(2) The Commissioner may require security from the informant to recover expenses, charges, costs and damages incurred in respect of the detention and subsequent proceedings

(3) Failure to provide the security permits the Commissioner to refuse to detain the goods.

(4) This section applies to transhipped goods and goods in transit.

(5) The notice shall be in the form set out in Schedule 2.

(6) An informant is a person other than a customs officer who has information about an offence committed under this Part.

Section 29 — Proof of Place of Origin

In a prosecution for an offence under this Act where goods are imported, evidence of the port of shipment shall be prima facie evidence of the place of origin of the goods.

Section 30 — Limitation of Prosecutions

A prosecution for an offence against this Act shall not be commenced after the expiration of years from the commission of the offence, or one year after the first discovery of the commission, by the prosecutor, whichever occurs first.

Section 31 — Implied Warranty on Sale or Marked Goods

On the sale or in the contract for the sale of any goods to which a trade mark or mark or trade description has been applied, the seller warrants that the mark is a genuine trade mark and not forged or falsely applied and that the trade description is not a false trade description within the meaning of this Act, unless the contrary is expressed in some writing signed by or on behalf of the seller and delivered at the time of the sale or contract to and accepted by the purchaser.

Section 32—Forfeiture of Unclaimed Goods and Powers of Commissioner

The Customs, Excise and Preventive Service (Management) Law, 1993 (P.N.D.C.L. 330) applies to this Part with respect to the procedure for processing of unclaimed goods and the power of the Commissioner in relation to imported goods not properly marked.

Section 33—Definition

In this Part unless the context otherwise requires,

"Commissioner" means Commissioner of the Customs, Excise and Preventive Service.

PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS

Section 34 — Power of Registrar to Award Costs

(1) The Registrar may award costs and direct how and by which parties they are to be paid in proceedings under this Act.

(2) The order for costs may, by leave of the court, be enforced in the same manner as a judgment or order of the court.

Section 35 — Registration to be prima facie Evidence of Validity

In legal proceedings relating to a registered trade mark including applications under section 20 of this Act, the fact that a person is registered as owner of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of subsequent assignments and transmission of the trade mark.

Section 36 — Certificate of Validity

(1) Where there is an issue about the validity of the registration of a registered trade mark in legal proceedings, the court may certify validity in favour of the owner.

(2) In subsequent legal proceedings where validity is an issue, the owner of the trade mark is entitled to costs, charges and expenses between legal practitioner and client on obtaining a final order or judgment unless the court certifies otherwise.

Section 37 — Costs of the Registrar in Court Proceedings

In any proceedings before the court under this Act, the Registrar shall not be awarded costs or ordered to pay the costs of any other party.

Section 38 — Registrar's Appearance in Proceedings

(1) The Registrar shall be a party to proceedings by the plaintiff, appellant or applicant in which the relief sought would affect the register and the Registrar shall appear and be heard.

(2) The court may direct the Registrar to appear in any legal proceedings before the court.

(3) The Registrar instead of appearing in court may submit a signed statement giving particulars of the proceedings in relation to the matter in issue and any decision given affecting the matter and the statement shall form part of the evidence in the proceeding.

Section 39 — Appeal to the Court

An order or decision of the Registrar is subject to appeal.

Section 40 — Procedure in Cases of Option to Apply to Court or Registrar

Where an applicant has an option to make an application either to the court or to the Registrar

(a) the application shall be made to the court if an action concerning the trade mark in question is before the Court; or
(b) Where the application is made to the Registrar, the Registrar may refer the application to the court at any stage of the proceedings or may determine the question.

Section 41 — Mode of Taking Evidence in Proceedings before Registrar

(1) Evidence shall be given by statutory declaration in any proceeding before the Registrar.

(2) Notwithstanding subsection (1) the Registrar may take evidence on oath instead of or in addition to a statutory declaration.

(3) The Registrar shall have the same powers to require the attendance of a witness, the production of a document and the taking of evidence on oath as a court.

(4) A witness before the Registrar is entitled to the same immunities and privileges as if appearing as a witness before the court and may be awarded the same allowances as a witness.

(5) A summons under this section for the attendance of a witness to give evidence or for the production of a document shall be signed by the Registrar.

(6) If any person

(a) defaults to attend as a witness when summoned by the Registrar; or
(b) refuses to take an oath, fails to produce a document or to answer any question required by the Registrar; or
(c) does any other thing which would amount to contempt of court

the Registrar may certify the offence of that person under official seal to the court and the court may take such measure as may be necessary as if the person is in contempt of court.

Section 42 — Evidence of Entries in Register

(1) a copy of any entry in the register, purporting to be certified and sealed with the official seal of the Registrar shall be admissible in evidence in a court without further proof or production of the original.

(2) A person may obtain a certified copy of an entry in the register from the Registrar on payment of the prescribed fee.

Section 43 — Evidence of Things Done by Registrar

A certificate purporting to be under the official seal of the Registrar shall be evidence of the action taken by the Registrar.

PART V — MISCELLANEOUS PROVISIONS

Section 44—Falsification of Entries in Register

A person who knowingly makes or causes a false entry to be made in the register commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding one year or to both.

Section 45 — Offence of Falsely Representing a Trade Mark as Registered

(1) Any person who makes a false representation

(a) that a trade mark is a registered trade mark; or
(b) that a part of a registered trade mark is separately registered as a trade mark; or
(c) that a registered trade mark is registered in respect of specific goods; or
(d) that the registration of a trade mark gives an exclusive right to its use taking into account the limitations entered on the register

commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding six months or to both and, in the case of a continuing offence, a further fine not exceeding 25 penalty units for each day on which the offence continues.

(2) For the purposes of this section, the use in the country in relation to a trade mark of the word "registered", or of any other word or of a symbol referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except

(a) where that word or that symbol is used in physical association with words delineated in characters at least as large as those in which that word or that symbol is delineated and indicating that the reference is to registration as a mark under the law of a place outside the country, where the registration referred to is in force;
(b) where that word is a word other than the word "registered" or that symbol itself indicates that the reference is to the registration as described in paragraph (a); or
(c) where that word or that symbol is used in relation to a trade mark registered as a trade mark under the law of a place outside the country and in relation to goods to be exported to that place.

Section 46 — Penalty for Unlawful User of Official Badges

(1) Without limiting the provisions of the Flags and Arms Protection Act, 1959 (No.61), a person shall not without lawful authority use any badge, seal, device, emblem or flag reserved by law for the use of the Republic, the President, a Minister of State, the Armed Forces, any Ministry, Department or Agency, any public officer or any member of the Armed Forces in such a manner as to lead to the belief that the person is authorised to use that badge, seal, device, emblem or flag.

(2) Subsection (1) applies to the use of any badge, seal, device, emblem or flag closely resembling the badge, seal, device, emblem or flag referred to in that subsection which is likely to deceive.

(3) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding six months or to both and, in the case of a continuing offence, to a further fine not exceeding 25 penalty units for each day on which the offence continues or to imprisonment not exceeding three months instead of a fine.

Section 47 — Possible Cause of Deception

(1) Where in the course of trade a form of connection subsists between goods and the person who has registered a trade mark in respect of the goods, the trade mark shall not be deemed to be likely to cause deception or confusion.

(2) Subsection (1) operates on the ground that the trade mark has been or is used between the goods and the person using the trade mark or a predecessor of that person whether or not a different form of connection in the cause of trade subsisted or subsists.

Section 48 — Jointly Owned Trade Marks

(1) Where the relations between two or more persons jointly interested in a trade mark do not permit the use of the trade mark by one of them except

(a) on behalf of both or all of them, or
(b) in relation to an article with which both or all of them are connected in the course of trade

those persons may be registered as joint owners of the trade mark and this Act shall apply as if those rights had been vested in a single person but the rights of any person registered as a joint owner shall be deemed to be infringed by any of the other owners who uses the trade mark in physical or other relation to goods in respect of which the trade mark is registered under this section where both or all of the joint owners are not and have not been connected in the course of trade.

(2) Subject to subsection (1), this Act does not authorise the registration of two or more persons who use a trade mark independently or propose to use it independently to be registered as joint owners.

Section 49 — Trusts and Equities

(1) No notice shall be entered in the register of any trust express, implied or constructive and the Registrar shall not receive notice of a trust.

(2) Equities in respect of a trade mark may be enforced in the same manner as any other movable property.

Section 50 — Offences by Bodies of Persons

Where an offence under sections 9, 45, 46 or 47 is committed by a body of persons

(a) and the body of persons is a body corporate other than a partnership, every director, manager, secretary or an officer of similar status of that body corporate shall also be deemed to be guilty of that offence, and
(b) in the case of a partnership, every partner or officer of similar status shall be deemed to be guilty of that offence.

Section 51 — Regulations

(1) The Minister may by legislative instrument, make Regulations for carrying into effect the provisions of this Act and in particular

(a) for the classification of goods and services for the purposes of registration of trade marks;
(b) for making or requiring duplicates of trade marks and other documents;
(c) to secure and regulate the publication of trade marks and other documents;
(d) to prescribe the fees to be paid for applications and registration and other matters and the mode of payment of those fees;
(e) to prescribe periods for doing specific things under the Act;
(f) to prescribe such forms as may be necessary for any of the purposes of this Act;
(g) to regulate the business of the Registrar's office in relation to trade marks and any other things placed under the direction or control of the Registrar; and
(h) to provide for any matter required or authorised to be prescribed by regulations.

(2) The Minister responsible for trade may make regulations on the importation of goods with fraudulent marks.

Section 52 — Interpretation

In this Act unless the context otherwise requires

"court" means the High Court;
"goods" means anything which is the subject of trade, manufacture or merchandise;
"International Classification" means the classification according to the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15th, 1957 as last revised;
"manufacturer", "dealer", "trader" and "owner" includes any body of persons corporate or unincorporated;
"mark" means a trade mark;
"Minister" means the Minister responsible for Justice;
"name" includes abbreviation of a name;
"Paris Convention" means the Paris Convention for the Protection of Industrial Property of March 20th, 1883 as last revised;
"prescribed" means prescribed in Regulations made under this Act;
"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;
"Registrar" means Registrar-General;
"trade name" means a name or designation which identifies and distinguishes an enterprise.

Section 53 — Repeal and Savings

(1) The Trade Marks Act, 1965 (Act 270) is hereby repealed.

(2) The Merchandise Marks Act, 1964 (Act 253) is hereby repealed.

(3) Notwithstanding the repeal of Act 270, a mark registered under Part A and B of the register under that Act shall remain in force subject to section 3 and shall be deemed to have been registered under this Act.

(4) Marks registered under Act 270 shall be due for renewal for a period of fourteen years from the date of expiration of the original registration or of the last renewal of registration and upon renewal shall be reclassified in accordance with the International Classification.

(5) Notwithstanding the repeal under subsection (1) any regulations made under Act 270 and in force immediately before the coming into force of this Act shall continue in force as if made under the corresponding provisions of this Act until revoked.

(6) The Merchandise Marks (Prohibited Goods) Regulations 32 1936 (Regulations No.33 of 1936) are hereby revoked.

SCHEDULES

SCHEDULE 1 - Article 4 - Paris Convention (1967) - (Section 4(3))

[A to I. Patents, Utility Models, Industrial Designs, Marks, Investors' Certificates: Right of Priority.—G. Patents: Division of the Application]

A. (1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.

(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognised as giving rise to the right of priority.
(3) By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be subsequent fate of the application.

B. Consequently, any subsequent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis of the right of priority are reserved in accordance with the domestic legislation of each country of the Union.

C. (1) The periods of priority referred to above shall be twelve months for patents ad utility models, and six months for industrial designs and trademarks.

(2) These periods shall start from the date of filing of the first application; the day of filing shall not be included in the period.
(3) If the last day of the period is an official holiday, or a day when the office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.
(4) A subsequent application concerning the same object as a previous first application within the meaning of paragraph (2), above, filed in the same country of the Union, shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having been laid open to public inspection and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.

D. (1) Any person desiring to take advantage of the priority of a previous filing shall be required to make a declaration indicating the date of such filing and the country in which it was made. Each country shall determine the latest date on which such declaration must be made.

(2) These particulars shall be mentioned in the publications issues by the competent authority, and in particular in the patents and the specifications relating thereto.
(3) The countries of the Union may require any person making a declaration of priority to produce a copy of the application (description, drawings, etc.) previously filed. The copy, certified as correct by the authority which received such application, shall not require any authentication, and may in any case be filed, without fee, at any time within three months of the filing of the subsequent application. They may require it to be accompanied by a certificate from the same authority showing the date of filing, and by a translation.
(4) No other formalities may be required for the declaration of priority at the time of filing the application. Each country of the Union shall determine the consequences of failure to comply with the formalities prescribed by this Article, but such consequences shall in no case go beyond the loss of the right of priority.
(5) Subsequently, further proof may be required.

Any person who avails himself of the priority of a previous application shall be required to specify the number of that application; this number shall be published as provided for by paragraph (2), above.

E. (1) Where an industrial design is filed in a country by virtue of a right of priority based on the filing of a utility model, the period of priority shall be the same as that fixed for industrial designs. (2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

F. No country of the Union may refuse a priority or a patent application on the ground that the applicant claims multiple priorities, even if they originate in different countries, or on the ground that an application claiming one or more priorities contains one or more elements that were not included in the application or applications whose priority is claimed, provided that, in both cases, there is unity of invention within the meaning of the law of the country.

With respect to the elements not included in the application or applications whose priority is claimed, the filing of the subsequent application shall give rise to a right of priority under ordinary conditions.

G. Priority may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided that the application documents as a whole specifically disclose such elements.

H. (1) Applications for inventor's certificates filed in a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate shall give rise to the right of priority provided for by this Article, under the same conditions and with the same effects as applications for patents.

(2) In a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate, an applicant for an inventor's certificate shall, in accordance with the provisions of this Article relating to patent applicants, enjoy a right of priority based on an application for a patent, a utility model, or an inventor's certificate.

SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III

I .................... of ................................. hereby request that the goods specified and about to be imported into the country be detained by the Commissioner of the Customs, Excise and Preventive Service.


Particulars

1. Number of packages .......................................................................

2. Description of goods .....................................................................

3. Name of ship and date of arrival .........................................................

4. If importation not by ship any other manner of importation ...............................

5. Full particulars of the reasons for which detention is asked..............................


Signed .....................................................

Witness to Signature .......................................

Date .......................................................

Retrieved from "https://legal.ghanainfocentre.com/index.php?title=Trade_Marks_Act,_2004_(Act_664)&oldid=190"