BUSINESS AND INTELLECTUAL PROPERTY REGISTRATION IN GHANA BY MRS. SARAH NORKOR ANKU, STATE ATTORNEY REGISTRAR-GENRAL’S DEPARTMENT 27/1/2016

PRESENTATION OUTLINE  Introduction  Business Registration  Traditional IP Tools for Protecting IP Assets  Application Procedure for IPRs  Conclusion

INTRODUCTION  RGD is responsible for the administration of laws governing  business registration (Acts 151, 152, and 179)  Industrial Property administration (Act 657, 659, 660, 664 and 667)  Administration of estates (Act 63)  Marriages under special license (Act 367)  Offices currently located within four cities of Ghana, namely: Accra (Head Office); Sekondi/Takoradi; Kumasi and Tamale.

BUSINESS REGISTRATION  Types of Businesses:  Business Names / Sole Proprietor (Registration of Business Names Act, 1962 (Act 151)  Subsidiary Business Names (Act 151)  Partnership (Incorporated Private Partnership Act, 1962 (Act 152)  Unlimited Companies (Companies Code, 1963 (Act 179)  Private or public Companies (Act 179)  Companies Limited by Shares (Act 179)  Companies Limited by Guarantee (Act 179)  External Companies (Act 179)

BUSINESS REGISTRATION PROCEDURE  Obtain Personal Tax Identification Number (TIN) from Ghana Revenue Authority  Download relevant forms from or purchase forms from Fidelity Bank at RGD premiseswww.rgd.gov.gh  Choose name and conduct a Search for availability of the Name  Complete and submit forms together with all relevant documents, including “Auditor’s acceptance letter”, at RGD Front Office and pay prescribed Statutory fees  Applicants are notified at each approval stage  Applicant collects certificates as well as other registration documents such as regulations and form D, from the Front Office of the Department.

ADDITIONAL REGISTRATION REQUIREMENT  Auditor’s consent letter  At least 2 Directors (at least 1 resident in Ghana)  1 Secretary resident in Ghana  At least 1 Shareholder / Member  An individual may act in multiple capacities

BUSINESS REGISTRATION CONT’  File renewals / annual return yearly  Notify the Registrar-General of changes in the business as required by law using the appropriate forms and pay appropriate statutory fees

CLOSURE OF BUSINESSES  Winding up  Voluntary liquidation  Official Liquidation  Cancellation of Business  Conversion of Businesses

TRADITIONAL IP TOOLS FOR PROTECTING IP ASSETS  Patents (Act 657)  Utility Models (Act 657)  Trade Secrets (Act 589)  Trademarks (Act 664)  Industrial Designs (Act 660)  Geographical Indications (Act 659)  Layout Designs (Topography) Integrated Circuits (Act 667)  Copyright (Act 690)

APPLICATION PROCEDURES FOR INTELLECTUAL PROPERTY RIGHTS  National  Regional  International

PATENTS  Patents protect inventions.  An invention is a solution to a problem in a field of technology. It may be a product or a process.  Patents are granted by States. In Ghana Patents are governed by the Patents Act, 2003 (Act 657)

PATENT APPLICATION PROCEDURE  National / Local Application  Complete a Request Form and attach Specification, Claims and Drawings where necessary  Application goes through formality examination and substantive examination. Substantive examination determines patentability i.e. novelty; inventive step and industrial applicability  Patent is granted and published in the Gazette  Aggrieved parties may take steps to invalidate the granted Patent

PATENT APPLICATION PROCEDURE CONT’  Regional Application  Ghana is a Member of the African Regional Intellectual Property Organization (ARIPO).  ARIPO grants Patents for and on behalf of Member States. There are 19 Member States, mainly from South and East Africa.  In West Africa, Ghana, Sierra Leone and The Gambia are Members of ARIPO.  Applicants may designate at least one Member State in an application

PATENT APPLICATION PROCEDURE CONT’  Applicants may convert a local application to an ARIPO application or may apply directly to ARIPO, designating at least one Member State  RGD acts as a Receiving Office in both cases. However, an applicant may chose to apply directly to ARIPO  In both cases the applicant must complete a Request Form and attach Specification, Claims and Drawings where necessary  Application goes through formality examination at RGD and substantive examination at ARIPO. Substantive examination determines patentability i.e. novelty; inventive step and industrial applicability  ARIPO notifies Member States of its intention to grant the Patent  At this stage Member States may object to the grant, in which case the Patent if granted by ARIPO may have no effect in that Member State  If no objection is received, ARIPO grants the Patent for and on behalf of Member States

PATENT APPLICATION PROCEDURE CONT’  International Application  This is a filing system and not a grant system. It is made under the Patent Cooperation Treaty (PCT)  PCT is administered by the International Bureau of the World Intellectual Property Organization (WIPO)  Ghana is a Member of the PCT  An application through the PCT gives an automatic designation of all Member States of the PCT as well as the Regional bodies such as ARIPO and EPO

PATENT APPLICATION PROCEDURE CONT’  Applicants may convert a local application to a PCT application or may apply directly to the International Bureau of WIPO  RGD acts as a Receiving Office  In both cases the applicant must complete a PCT Request Form and attach Specification, Claims and Drawings where necessary  Application goes through formality examination at RGD and substantive examination at an International Search and Examination Authority (ISA) of the applicants choice. Substantive examination determines patentability i.e. novelty; inventive step and industrial applicability  WIPO publishes the application after 18 months  Applicants enter the national phase of their application. Remember, IPRs are territorial in nature and each State must decide whether to grant a patent or not. A Regional body may grant for and on behalf of Member States at this stage.

PATENT APPLICATION PROCEDURE CONT’  National Phase of the PCT Application  RGD examines report on patentability and determines whether the application is patentable in Ghana, i.e. conforms with the Patent laws of Ghana  Where successful, the grant is published Aggrieved Parties may take steps to invalidate the grant.

TRADEMARKS REGISTRATION PROCEDURE  Trademarks in Ghana are governed by the Trademarks Act, 2004 (Act 664)  The mark must distinguish the goods or services of one enterprise from the goods or services of another  Applicants may conduct a Search at RGD to determine whether the mark is on record  Applicants complete application forms and attach copies of the mark. Where the applicant is a foreigner, the applicant must apply through a practicing lawyer in Ghana and grant the lawyer a Power of Attorney for that purpose

TRADEMARKS REGISTRATION PROCEDURE CONT’  Applications are examined according to the provisions of the law, particularly: distinctiveness; whether or not it is confusingly similar to a mark on record; whether it is a trade name; well known mark; a geographical indication; a country’s name, emblem, flag etc; an intergovernmental organization’s name etc; public order and morality (See section 5 of the Act for details)

TRADEMARKS REGISTRATION PROCEDURE CONT’  Successful applications are published in the Trademarks Journal  Third parties have 2 months within which to oppose the intended registration  If no one opposes, applicant applies and pays for the issuance of the Trademark Certificate  Certificate is issued and mark recorded in the Trademarks Register  Applicant must renew the registration every 10 years

TRADEMARKS REGISTRATION PROCEDURE CONT’  Regional Application  Ghana has signed the Banjul Protocol of ARIPO but has not yet domesticated the Protocol  Applicants from Ghana cannot use this route of application

TRADEMARKS REGISTRATION PROCEDURE CONT’  International Application  Ghana is a Member of the Madrid system. The system comprises of Member States to the Madrid Agreement and the Madrid Protocol.  Applications designating countries of interest may be made directly to the International Bureau of WIPO or through RGD as a Receiving Office  A local application may be converted to a Madrid application within 6 months of the application  There is a National Phase of the application process in which a country may object to the registration of the mark in its territory  The Trademarks are granted for and on behalf of the Member States

INDUSTRIAL DESIGNS REGISTRATION PROCEDURE  The Industrial Designs Act covers both Industrial Designs and Textile Designs. Currently there is no legislative instrument for the implementation of the Act. However, there is an old L.I. on Textile Designs which is being used only for the Registration of Textile Designs in Ghana  As a result, the National route only applies to textile designs  All other applications are routed through ARIPO

GEOGRAPHICAL INDICATIONS /LAYOUT-DESIGNS  The laws are yet to be implemented  Legislative instruments for implementing the laws are being developed

COSTS  Check L.I. for fee schedule

CONCLUSION  You may always seek further assistance from the RGD Front Office or any of the Regional Offices. THANK YOU