Legal framework overview

Ghana’s IP regime is based on modern industrial property and copyright legislation, including in particular:

• Patents Act, 2003 (Act 657);

• Trade Marks Act, 2004 (Act 664);

• Industrial Designs Act, 2003 (Act 660);

• Copyright Act, 2005 (Act 690);

• Patents and Trade Marks Regulations (L.I. 1962, 2010).

Competent authorities:

• Registrar-General’s Department (RGD) – national registration of trade marks, patents and industrial designs;

• Ghana Standards Authority (GSA) – supervision of certain technical standards and geographical indications.

Ghana is a member of WIPO, the PCT, the Madrid Protocol, ARIPO, the Paris Convention and TRIPS, and its IP system is harmonised with these international instruments.

International cooperation and regional alignment

• Member of WIPO, PCT, Madrid System, ARIPO, Paris Convention and TRIPS;

• Through ARIPO, applicants can obtain regional patent and design protection effective in up to 19 member states, including Ghana;

• Cooperation and information-sharing with EUIPO, WIPO, CIPC (South Africa), KIPI (Kenya) and other IP offices;

• Implementation of the national strategy “Ghana IP Policy 2022–2032”, which aims to strengthen IP awareness, enforcement and innovation.

Trade mark system

Filing routes

• National trade mark applications can be filed directly with the RGD in Ghana; or

• Ghana can be designated via the Madrid System (Madrid Protocol) for international registrations (member since 2008).

Classification

• Uses the Nice Classification for goods and services;

• Supports both single-class and multi-class applications.

Examination procedure

• Formal examination: typically around 1–2 months;

• Substantive examination: generally around 6–8 months;

• Opposition period: third parties may oppose within 2 months from the date of publication.

Use and renewal

• Initial registration term: 10 years from the filing or registration date (depending on practice), renewable indefinitely in further 10-year periods;

• Non-use for 5 consecutive years may lead to revocation for non-use.

Examination features

• Examination language: English;

• Substantive review focuses on distinctiveness, conflict with earlier rights and public order considerations;

• Protection is available for service marks and collective marks as well as ordinary trade marks;

• Key procedures such as filing, renewals and some updates may be handled through the RGD IP Online Portal / eRegistrar.

Patent system

Types and terms of protection

• Patent of invention: up to 20 years from the filing date, subject to payment of annual maintenance fees;

• Utility model: up to 10 years from the filing date, generally renewable once in accordance with the statute.

Examination mechanism

• Ghana applies a full substantive examination system for patents of invention;

• A request for substantive examination must normally be filed within 3 years from the filing date;

• Average examination timeframe is around 24–36 months, depending on workload and complexity.

International routes

• Ghana has been a PCT member state since 2007, allowing entry of international applications into the national phase;

• As an ARIPO member state, Ghana may also be covered by regional patent applications filed via ARIPO, subject to designation;

• Applicants often combine national, PCT and ARIPO routes to build a tailored protection strategy.

System features

• Examination language: English;

• “First-to-file” principle applies;

• Annual maintenance fees are payable each year from the anniversary of the filing date to keep the patent in force;

• Granted patents are published and recorded on the official register; examination standards broadly follow those applied by WIPO and ARIPO.

Industrial design protection

Legal basis

• Governing statute: Industrial Designs Act, 2003 (Act 660).

Scope of protection

• Protects the external appearance of a product, including shape, configuration, lines, patterns, colours and ornamentation;

• Applicable to both industrial products and handicraft items.

Term of protection

• Initial term of 5 years from the filing or registration date, renewable twice for further 5-year periods, up to a maximum of 15 years.

Examination procedure

• Examination period is typically around 6–9 months for straightforward applications;

• Examination language: English;

• Focuses mainly on formalities; creativity and originality are generally assessed in invalidation or enforcement proceedings rather than at registration.

System features

• Single registration is effective throughout the entire territory of Ghana;

• Multiple designs may be combined in one application where conditions are met;

• As an ARIPO member state, Ghana can also be covered by design applications filed through the ARIPO regional system;

• The official register and basic search functions are provided through the RGD Industrial Designs Register.