Registered Designs

Despite having an Industrial Designs Act, 2003, which was assented to on 31 December 2003, no Design Regulations have yet been promulgated and the Ghana Designs Office is refusing to accept national design applications until such time as Design Regulations are promulgated. At this time, design protection in Ghana may only be obtained through an ARIPO design application designating Ghana.

Membership of International Conventions:

  • Paris Union (from 28 September 1976)
  • WIPO (from 12 June 1976)
  • ARIPO (from 25 April 1984)
  • Hague Agreement (from 16 September 2008)

Types of Designs available:

  • Industrial Designs
  • Textile Designs

Novelty requirements:

An industrial design is new or original if it significantly differs from known designs or combinations of known design features.

Disclosure to the public of an industrial design shall not be taken into consideration if the disclosure:

(a) occurred within twelve months preceding the filing date or where applicable, the priority date of the
application; and

(b) was as a result of acts committed by the applicant or the applicant’s predecessor‐in‐title or of an
abuse committed by a third party with regard to the applicant or the applicant’s predecessor in title.

Registrability:

(a) A composition of lines or colours, any three-dimensional form or any material, whether or not associated
with lines or colours,

(b) A textile design is an industrial design where the composition, form or material gives a special
appearance to a product of industry or handicraft and can serve as a pattern for a product of industry
or handicraft.

Design protection is not applicable to anything in an industrial design which serves solely to obtain a technical result to the extent that it leaves no freedom as regards arbitrary features of appearance.

An industrial design which is contrary to public order or public morality is not registrable.

Two or more industrial designs may be the subject of the same application if they relate to the same class of the International Classification or to the same set or composition of articles.

Filing Requirements:

  • Power of Attorney (can be late filed).
  • Drawings, photographs or other adequate graphic representations of the industrial design (required on the day of filing).
  • An indication of the article which constitutes the industrial design or in relation to which the industrial design is to be used.
  • Certified copy of priority document, if priority claimed, with verified English translation (can be late filed within three months from filing).
  • Assignment (can be late filed).

Substantive Examination:

Yes

Duration and Renewal:

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for late payment of renewal fees.

ARIPO design in which Ghana is designated:

Please see aripo

Printable Version

download