
Ghana taking strides
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| Source: Wikipedia |
“So I believe the two really must go hand in hand, I don’t see that the one necessarily dominates the other. And my advice would be to protect your intellectual property.”
![]() |
| Source: Wikipedia |
“So I believe the two really must go hand in hand, I don’t see that the one necessarily dominates the other. And my advice would be to protect your intellectual property.”
"The Dynamics of Innovation in Traditional Medicine in Ghana", by George O. Essegbey and Stephen Awuni (both of the Science and Technology Research Institute, Council of Scientific and Industrial Research, Accra, Ghana) has just been published in issue 1/2015 of the WIPO Magazine. You can read it in full here. Of particular interest to this blogger was the following paragraph:"Many practitioners, especially those operating in the informal economy, are not aware of the potential advantages of acquiring IP rights, such as trademarks, designs or patents. And for those aware of the IP system, the stringent requirements associated with obtaining IP protection are often beyond their reach. Much still remains to be done to raise awareness and understanding among practitioners about how to use IP rights to support their longer-term business interests. How to encourage innovation and strengthen entrepreneurship among traditional medicine practitioners in the informal economy is a crucial policy challenge in Ghana".Can the gap between traditional medicine and innovation as understood by the IP community ever be properly and efficiently bridged? That is the question ...

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| Mr. Doni-Kwame. Source: here |
Great news! If Ghana can deliver on its IP reforms, then other West African countries might consider following suit. We hope that the policy - which this Leo couldn't find online - will also address the development or needs of Ghana's IP registry. Afro Leo finds it strange that there is a nice website (and perhaps, office) for copyright, but there isn't online evidence to demonstrate the same love for copyright's siblings. Whether this is due to the existence of ARIPO's capacity is anyone's guess.
There has been some slight improvement since this Leo visited
Ghana in 2011: the copyright office appears to have incorporated all the essential
social media channels; however, Ghana is yet to have a website for the patent,
trademark and designs office.

Over on the Afro-IP Linkedin Group Sunny Lin posted a question on how to start and administrative action in Sudan. It seems that a well known Chinese brand is being counterfeited in that country. This will be of special interest to those who are following the development of Chinese "formal" IP and also evidence of a reversal from China as the stereotypical "copiers" to China as "creators and protectors of IP", and Africa from the "the dumping ground for Chinese counterfeit goods" to counterfeiters themselves. Of course, we have known this for a while.![]() |
| Stickers for the clever |

While South Africa debates the introduction of the Traditional Knowledge Bill (Afro-Leo coverage here), Ghana is working to enforce the traditional knowledge protection granted by the Ghanaian Copyright Act.
Under the Copyright Act of 2005, a person wishing to use folklore must apply to the government, in the form of the National Folklore Board, for permission and pay a fee. (Section 64.) However, even though the law requires permission and payment, few folklore users in Ghana go through the National Folklore Board.
In order to address the low number of people following instructions, and more importantly, the lack of funds going to the country for the use of its folklore, the director of the National Folklore Board announced plans to start prosecuting those who use folklore without going through the proper procedure. The hope is not to actually prosecute most of these users, but rather to encourage them to “comply with the regulations and register with the NFB to avoid embarrassment.”
Full story, including comments from the Minister of Chieftaincy and Culture available at Ghana News Agency.

Mark Schultz and Alec van Gelder (mentioned here, here and here for their work "Nashville in Africa") have written a piece for Ghana News highlighting Ghanaian musician/producer Victor Tieku and the Ghanaian music industry.
Victor Tieku is striving to be Ghana's version of Ralph Peer, the man who founded the music industry in Nashville, Tennessee. In fact, last year peermusic began collaborating with Tieku and his label, Kampsite Records. Part of Tieku's plan involves a new method of royalty collection. Rather than using the Copyright Society of Ghana, which is fraught with many of the same problems as other African collecting societies, artists can use Tieku's business as the intermediary for collecting royalties.
"He [Tieku] plans to set up a music publishing business that will promote and license music for radio and television, in advertisements, films, ringtones, and recordings by other musicians."
Schultz and van Gelder express a belief that this will benefit the Ghanaian industry. Collecting societies in Africa often developed from remnants of institutions left behind by colonial powers or in mimicking developed countries. This cart-before-the-horse scenario resulted in a situation in which countries have collecting societies but without the strong publishing company backbones needed to support the societies. Tieku is taking the opportunity provided by Ghana's new copyright law (Section 49) that allows private "collective administration societies" to create that strong backbone.
Schultz and van Gelder also discussed other areas where Ghana is making progress and where it still needs some work to legally support growing a successful music industry. The goods and bads are pretty much the usuals for Africa: popular music, new copyright law; lack of implementation of new law, poor enforcement, rampant piracy. And that overwhelming common good: a lot of potential for an amazing industry.

Mr. Kofi Essuman, President of Ghana's Institute of Packaging, on Friday called on the government to review or update existing laws on counterfeiting and piracy or enact new ones to curb the menace at a workshop in Accra. “Employment has shrunk from 250,000 in 1985 to below 40,000 today largely due to faking and counterfeiting of African textile manufacturers' designs and trademarks,” he added.
The Brong-Ahafo Regional Office of Ghana's Food and Drugs Board (FDB), is reported to have destroyed more than 600 varieties of cartons of tooth pastes in the first quarter of 2008. The products, all counterfeit and contaminated were all smuggled into the country. This information came from FDB regulatory officer Enoch Cobina, in a sensitization forum for customers of Unilever Ghana Limited last weekend.
Professor Edward Akaho, Director General of the Ghana Atomic Energy Commission (GAEC), has urged that the country make plans to enable it to explore nuclear energy for electricity generation by 2018 if it is to avert future supply disruptions. This message was delivered in his inaugural lecture as a Fellow of the Ghana Academy of Arts and Sciences, "Nuclear Power for Generating Electricity in Ghana: Issues and Challenges”.



Ghanaweb carries a note that the Local Organizing Committee (LOC) of the recently-ended football African Cup of Nations, Ghana 2008, is reminding everyone that it is still forbidden to use photographs of the tournament and related events for commercial purposes. Says the LOG secretariat, even though the event may have officially ended, the images, pictorials and all other symbols of the tournament belong to the LOC. It remains unlawful for any individual or organization to commercialize them without its permission.
Writing in the Canadian Epoch Times, ("Colonialism has left a stigma on Ghana's culture and traditional goods. What a shame"), Zoë Ackah writes a really depressing account of her experiences as a visitor to Ghana. She discovered that "the vast majority of 'African fabric' is now made in China". She continues: "I decided to buy some of the cheap Togo fabric people sell on their heads. Ghanaians go to neighbouring Togo to buy fabric. Somehow, I though maybe the Togolese still make fabric. Stupid me. I later learned the Togo fabric is actually smuggled into Ghana. Why smuggled? It is a matter of copyright infringement.
You see African fabric print design is highly competitive. As soon as a fabric design from Ghana is selling well, someone will take a piece of it to China, have the print cheaply duplicated, and run yards of the knock-off at half the price. I guess the Hollywood elite aren't the only ones being bled dry by Chinese copyright infringement. They're just able to afford lawyers a team of public relations experts".


According to allAfrica.com the World Intellectual Property Organisation(WIPO) has recently concluded an agreement with the Government of Ghana.
The agreement was signed on behalf of WIPO by the outgoing Director General, Kamil Idris. In his words, the agreement "offered a comprehensive and coherent approach to establishing a robust intellectual property framework that will support the country's development objectives". According to Ghana's Attorney General, it is hoped that the cooperation between the two partners will enhance international trade and the manner in which investors percieve Ghana as an investment destination.
WIPO press release 2008PR/2008/551 states today that the World Intellectual Property Organization has signed an Intellectual Property Development Plan with the Republic of Ghana. According to this release: "... WIPO reinforced its cooperation with the Republic of Ghana with the signing on May 7, 2008 of an intellectual property (IP) development plan which aims to build the country’s capacity to create, protect and utilize IP as a power tool for economic growth and development. The IP Development Plan also seeks to ensure that the IP offices and potential users of the IP system - such as universities, small and medium-sized enterprises (SMEs), chambers of commerce and industry, research and development institutions and copyright organizations - have the technical capacity to use the intellectual property system.
...
WIPO Director General, Dr. Kamil Idris, ... said that the Development Plan offered a comprehensive and coherent approach to establishing a robust IP framework that would support the country’s development objectives.
...
The IP Development Plan covers a range of activities including legislative advice and workshops on strategic use of different aspects of the IP system targeting various stakeholders including small and medium-sized enterprises, research and development institutes, and the judiciary. It also includes support and advice to promote the development of creative industries, electronic commerce, copyright collective management, traditional knowledge, agricultural development and plant varieties. The plan further seeks to enhance the country’s IP infrastructure through modernizing and automating national IP administration to ensure high quality service delivery, extensive training and public awareness programs and the development of a national IP strategy to support economic growth and development".

Ghanaian group 5five ("African Gurlz") has had some problems asserting the copyright in its songs, according to the group’s executive producer and manager, Lawrence Nana Asiamah Hanson (a.k.a. Bulldog). A recent item on Modern Ghana reads: "An incident in Tamale, according to Bulldog, made them appreciate the hassles in trying to protect one’s own intellectual property.
“We were on tour of the three Northern regions last year with Castro and got wind of 5five material being pirated in Tamale. We tried to pursue it but rather ended up behind bars for some hours. We were not amused at all about the situation but we took it as part of the burden to bear in moving on with our work.”"