- Section 1—Causing Confusion with Respect to Another's Enterprise or its Activities
- Section 2—Damaging Another Person's Goodwill or Reputation
- Section 3—Misleading the Public
- Section 4—Discrediting Another Person's Enterprise or its Activities
- Section 5—Unfair Competition in Respect of Secret Information
- Section 6—Unfair Competition in Respect of National and International Obligations
- Section 7—General Principles
- Section 8—Civil Remedies
- Section 9—Regulations
- Section 10—Interpretation
ACTS OF GHANA
FOURTH REPUBLIC
PROTECTION AGAINST UNFAIR COMPETITION ACT, 2000 (ACT 589)
ARRANGEMENT OF SECTIONS
Section
1. Causing confusion with respect to another's enterprise or its activities
2. Damaging another person's goodwill or reputation
3. Misleading the public
4. Discrediting another person's enterprise or its activities
5. Unfair competition in respect of secret information
6. Unfair competition in respect of national and international obligations
7. General principles
8. Civil remedies
9. Regulations
10. Interpretation
THE FIVE HUNDRED AND EIGHTY-NINTH
ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
PROTECTION AGAINST UNFAIR COMPETITION ACT, 2000
AN ACT to provide protection against unfair competition and related matters.
DATE OF ASSENT: 19th December, 2000
BE IT ENACTED by Parliament as follows:
Section 1—Causing Confusion with Respect to Another's Enterprise or its Activities
(1) Any act or practice, in the course of industrial or commercial activities, that causes, or is likely to cause, confusion with respect to another person's enterprise or its activities, in particular, the products or services offered by that enterprise, constitutes an act of unfair competition.
(2) Confusion may, in particular, be caused with respect to—
(a) a trademark, whether registered or not;
(b) a trade name;
(c) a business identifier other than a trademark or trade name;
(d) the presentation of a product or service; or
(e) a celebrity or well-known fictional character.
Section 2—Damaging Another Person's Goodwill or Reputation
(1) Any act or practice in the course of industrial or commercial activities, that damages or is likely to damage the goodwill or reputation of another person's enterprise or its activities constitutes an act of unfair competition, whether or not the act or practice causes confusion.
(2) Damaging another person's goodwill or reputation may, in particular, result from the dilution of the goodwill or reputation attached to—
(a) a trademark, whether registered or not;
(b) a trade name;
(c) a business identifier other than a trademark or a trade name;
(d) the appearance of a product;
(c) the presentation of a product or service; or
(f) a celebrity or a well-known fictional character.
Section 3—Misleading the Public
(1) Any act or practice in the course of industrial or commercial activities, that misleads or is likely to mislead the public, with respect to an enterprise or its activities, in particular, the products or services offered by that enterprise, constitutes an act of unfair competition.
(2) Misleading may arise out of advertising or promotion and may, in particular, occur with respect to—
(a) the manufacturing process of a product;
(b) the suitability of a product or service for a particular purpose;
(c) the quality or quantity or other characteristics of a product or service;
(d) the geographical origin of a product or service;
(e) the conditions on which a product or service is offered or provided; or
(f) the price of a product or service or the manner in which the price is calculated.
Section 4—Discrediting Another Person's Enterprise or its Activities
(1) Any false or unjustifiable allegation in the course of industrial or commercial activities that discredits or is likely to discredit another person's enterprise or its activities, in particular, the products or services offered by that enterprise, constitutes an act of unfair competition.
(2) Discrediting may arise out of advertising or promotion and may, in particular, occur with respect to—
(a) the manufacturing process or a product;
(b) the suitability of a product or service for a particular purpose;
(c) the quality or quantity or other characteristics of a product or service;