Everyday, new products, processes and services are birthed, increasing the significance of the protection of intellectual property (IP) rights. A robust intellectual property protection (IPP) regime encourages innovation and creation, and will effectively ensure the protection of ideas while presenting creators and innovators the opportunity to monetize their works.
Intellectual property refers to creations or expressions of the mind and it encompasses intangible assets such as literary and artistic works, designs, symbols, names etc. This could take the form of a process or product with commercial value. Based on a number of factors, IP rights accorded creators may be patents, copyrights, industrial designs, trademarks, among others, and are usually granted for a defined period of time. These rights give recognition, protection and financial benefits to creators for their creations.
In Ghana, the regulatory framework for the protection of intellectual property is shaped by a number of local and international legislation. Relevant local laws include:
- Copyright Act, 2005 (Act 690)
- Patents Act, 2003 (Act 657)
- Trademarks Act, 2004 (Act 664)
- Industrial Designs Act, 2003 (Act 660)
- Protection Against Unfair Competition Act, 2000 (Act 589)
- Layout-Designs (Topographies) of Integrated Circuits Act, 2004 (Act 667)
- Geographical Indications Act, 2003 (Act 659).
Ghana is also a member of some international bodies (eg World Intellectual Property Organization) and a party to a couple of international treaties and conventions such as the;
- Harare Protocol on Patents and Industrial Designs
- Harare Protocol and Implementing Regulations
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol)
- Patent Cooperation Treaty
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The ratification of international treaties and conventions such as the TRIPS Agreement meant that local laws had to be modified to match up to the minimum requirements spelt out in these treaties and conventions. Although there has been incorporation of these into local laws, the evolvement of local laws to catch up with emerging technologies and practices has been rather slow.
Technology is advancing and evolving at an exponential rate, and Ghana is fast becoming a tech hub. To be able to encourage and sustain growth of the local technology industry and the influx of globally competitive firms, we require a proactive, clear and robust legal framework on intellectual property protection; a supportive infrastructure for the implementation of laws and policies; and a heightened state of awareness and empowerment of the relevant stakeholders/agencies on matters of intellectual property and related developments.