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Author Topic: Trade mark protection in Ghana coming of age  (Read 413 times)
Maru Baines
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Trade mark protection in Ghana coming of age
« on: April 08, 2006, 11:10:10 AM »
The Ghanaian Trade Marks Act, which came into force on January 1 2004, introduced clear and effective provisions for trade mark protection. The law makes it possible to register service marks, recognizes well-known trade marks and provides for comprehensive civil and criminal remedies against counterfeiting.

While the new legislation provides effective protection against trade mark infringement, the common law, and particularly the tort of passing off, still remains an important part of the arsenal of protection available to trade mark owners and businesses trading in Ghana.

The High Court (Commercial Division) recently issued a seminal decision that confirmed the value of a passing off action as a remedy against the invasion of trade mark rights, in circumstances where statutory trade mark infringement was not applicable. In this case, the United States company, Westinghouse Electric Corporation sued Gibrin Ibrahim Adam for passing off. The court found that Adam's use of the trade mark Westernhouse, in connection with its air-conditioners, was likely to cause confusion with Westinghouse's air-conditioners which bore the trade mark White-Westinghouse. While Westinghouse had ceased using the mark Westinghouse, on its own, the court found that it still had a residual goodwill in the mark Westinghouse per se and that use of the mark Westernhouse, by the defendant, was likely to confuse and deceive the average Ghanaian.

It is of particular encouragement to trade mark owners and businesses in Ghana that the laws and the judicial systems exist which provide lucid and effective protection for trade mark rights.

For African countries to attract increased and sustained inbound foreign direct investments, they need to enact laws protecting the marketing intangibles of the foreign investors, among other things to be done.

Source: Managing Intellectual Property Magazine, April 2006
(http://www.managingip.com/includes/magazine/PRINT.asp?SID=623652&ISS=21645&PUBID=34)
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