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Ghana

Protection against Unfair Competition Act, 2000 (Act 589)

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Ghana

Year of current version:2000
Date of entry into force of original text:December 22, 2000
Date of Text (Enacted):December 19, 2000
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Enforcement of IP and Related Laws, Trade Names, Trademarks, Undisclosed Information (Trade Secrets)
Notes:
The Protection against Unfair Competition Act, 2000 lists examples of actions constituting acts of unfair competition (sections 1 to 6), and civil remedies against unfair acts of competition (section 8).
The Act specially contains provisions on acts of unfair competition closely related to intellectual property, such as, causing confusion to the goods and services of the competitor with respect to a trademark, whether registered or not, a trade name, presentation of a product or service, appearance of a product (section 1); dilution of goodwill or reputation of the competitor (section 2); misleading the public as to the nature, manufacturing process, quality, characteristics, geographical origin of the goods or services, and the suitability for their purpose (section 3); discrediting the goods, or the industrial or commercial activities of the competitor (section 4); and disclosure of secret information of industrial or commercial espionage (section 5(a)).
The notification by Ghana to the WTO under article 63.2 of TRIPS states:
'This Act was passed in order to provide for protection against unfair competition. Unregistered marks are also protected under this Act.'

The Minister of Justice is authorized to issue the legislative instruments for the purpose of making regulations that aim to protect the public as consumers and producers of goods and services from unfair competition.
Available Texts: 
English

Protection against Unfair Competition Act, 2000 (Act 589) Protection against Unfair Competition Act, 2000 (Act 589), Complete document (pdf) [745 KB] Protection against Unfair Competition Act, 2000 (Act 589), Complete document (htm) [23 KB] (Version with Automatic Translation Tool)

WIPO Lex No.:GH005

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