IOC Law / Africa Intelligence / Ghana

Intellectual Property in Ghana

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Protect the brand before market spend. Search the proposed name and marks, but remember that company-name availability is not trade-mark clearance. File key word and logo marks in the relevant classes and secure domain names and social identifiers. Ghana’s IP registry describes the trade-mark examination, publication, opposition, certification and ten-year renewal framework on its trade-mark page.

Patents, registered designs, copyright, trade secrets and geographical indications protect different subject matter. Patent applications require a description, claims and other prescribed material and undergo formal and substantive examination; see the Ghana Patent Registry guidance. Public disclosure before filing can damage patent options.

Establish ownership in writing. Employment and contractor agreements should assign relevant software, content, designs, inventions and documentation to the intended company, with further-assurance and moral-right treatment where appropriate. A purchase order alone may not transfer IP.

Where the Ghana company licenses group IP, define the territory, field, exclusivity, quality control, updates, sublicensing, fees, tax, data, termination and transition. Record the transfer-pricing rationale. Distribution agreements should regulate brand use and require it to stop on termination.

Monitor infringement and counterfeit risk through market, customs and online channels. Preserve dated evidence of creation, use, registration and licences. In transactions, verify title, registrations, renewals, liens, licences, disputes and open-source software obligations.