GHANA Accedes to Madrid Convention
On 16 June 2008 the Republic of Ghana deposited its instrument of accession to the Madrid Protocol 1989. The Protocol will therefore become effective with respect to Ghana on 16 September 2008.
In Ghana as a common-law country, international treaties such those of Madrid have no effect on national territory, except to the extent if any, provided under domestic law.
So trade mark owners must be aware that for the time being an International (Madrid) trade mark registration designating Ghana cannot lawfully be processed by the Registrar of Trade Marks, nor can it be recognised or enforced in that country. The only effective trade mark protection is by means of a national, Ghana trade mark registration.
We are keeping closely in touch with the authorities through our associated office Spoor•Fisher Ghana and developments will be reported on this site. Any observations and queries on the topic will be welcomed by Spoor & Fisher Jersey.
However, there is no reference to the Madrid arrangements in the national law of the Republic as enshrined in the Trade Marks Act 2004 and at the time of writing, no proposal to amend that Act has been announced.