Title: | Section 41 of the Patent Law No. 305A of 30/12/1992 |
Field of IP: | Patents |
Type of flexibility: | Ex-officio IP office control of anti-competitive clauses in licensing agreements |
Summary table: |
Prohibited terms in licence contracts
41. The Registrar may refuse to register a licence contract if the effect of any of its terms is
(a) to permit or require the importation of technology from abroad when substantially similar or equivalent technology may be obtained on the same or more favourable conditions without importation from abroad;
(b) to require payment of a price, royalty or other consideration which is disproportionate to the value of the technology to which the contract relates;
(c) to require the licensee to acquire any materials from the licensor or from sources designated or approved by him, unless it is otherwise impossible, for all practical purposes, to ensure the quality of the products to be produced;
(d) to prohibit the licensee from acquiring, or to restrict his acquisition of, any materials from any source, unless it is otherwise impossible, for all practical purposes, to ensure the quality of the products to be produced;
(e) to prohibit the licensee from using, or to restrict his use of any materials which are not supplied by the licensor or by a source designated or approved by him, unless it is otherwise impossible, for all practical purposes, to ensure the quality of the products to be produced;
(f) to require the licensee to sell products produced by him under the contract exclusively or principally to persons designated by the licensor;
(g) to require the licensee to make available to the licensor without appropriate consideration any improvements made by the licensee with respect to the technology to which the contract relates;
(h) to limit the volume of the product produced by the licensee with the help of the technology to which the contract relates;
(i) to prohibit or restrict the export of products produced by the licensee;
(j) to require the licensee to employ on a permanent basis persons designated by the licensor;
(k) to impose restrictions on research or technological development carried out by the licensee;
(l) to prohibit or restrict the use by the licensee of any technology to which the contract relates;
(m) to extend the coverage of the contract to technology not required for the use of the technology which is the main subject of the contract and to require consideration for such additional technology;
(n) to fix prices for the sale or resale of the products produced by the licensee with the help of the technology to which the contract relates;
(o) to exempt the licensor from any liability consequent upon any defect inherent in the technology to which the contract relates or restrict such liability;
(p) to prohibit or restrict the use by the licensee, after the expiration of the contract, of the technology acquired as a result of the contract, subject to any right of the licensor under the patent;
(q) to require that disputes arising from the interpretation or performance of the contract be governed by a law other than laws of Ghana or that such disputes be brought before courts located in a country other than Ghana;
(r) to require the licensee to pay royalties or other consideration beyond the period of the patent which is the subject of the contract; or
(s) to require the licensee to pay royalties or other consideration for patents not granted or registered in Ghana.