Industrial Designs Act, 2003 Act 660 (Revised)

ACT 660
Industrial Designs Act, 2003
ACT 660
INDUSTRIAL DESIGNS ACT, 2003
ARRANGEMENT OF SECTIONS
Industrial Designs
SECTION
1. Definition of industrial design.
2. Registrable industrial design.
3. Right to registration.
4. Naming the creator.
5. Application.
6. Examination.
Registration
7. Opposition to registration.
8. Registration and publication.
9. Rights conferred by registration.
10. Duration and renewal of registration.
11. Surrender of registration.
12. Cancellation of registration.
13. Changes in ownership.
14. Licence contracts.
Administration
15. Registrar.
16. Register.
17. Correction of errors.
18. Extension of time.
19. Exercise of discretionary powers.
20. Representation.
21. Appeals.
Miscellaneous
22. Infringement and offences.
23. Application of international treaties.
24. Harare Protocol.
25. Regulations.
26. Interpretation.
27. Repeals and savings.
SCHEDULE
V-1301 [Issue 1]

3. Application of international treaties.
24. Harare Protocol.
25. Regulations.
26. Interpretation.
27. Repeals and savings.
SCHEDULE
V-1301 [Issue 1]

ACT 660
Industrial Designs Act, 2003
ACT 660
INDUSTRIAL DESIGNS ACT, 2003’
AN ACT to revise the enactments on the protection of industrial designs and to pro
vide for related matters. Industrial Designs
1. Definition of industrial design
(1) For the purpose of this Act,
{a) a composition of lines or colours, a three-dimensional form or a material,
whether or not associated with lines or colours, or
(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. (2) The protection under this Act 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. 2. Registrable industrial design
(1) An industrial design is registrable if it is new. (2) An industrial design is new or original if it significantly differs from known de
signs or combinations of known design features.

le if it is new. (2) An industrial design is new or original if it significantly differs from known de
signs or combinations of known design features.

(3) For the purposes of subsection (2), disclosure to the public of an industrial design
shall not be taken into consideration if the disclosure
(«) occurred within twelve months preceding the filing date or where applic
able, 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. (4) An industrial design which is contrary to public order or public morality is not
registrable. 3. Right to registration
(1) Where a person creates an industrial design, the right to the registration of that in
dustrial design belongs to the creator. (2) Where two or more persons create the same industrial design, the right to registra
tion of that industrial design belongs to them jointly. (3) Where two or more persons have created the same industrial design independ
ently of each other, the person whose application has the earliest filing date or, if priority
1. The Act was assented to, and notified in the Gazette on 31st December, 2003. (Issue 1] V -1302

ication has the earliest filing date or, if priority
1. The Act was assented to, and notified in the Gazette on 31st December, 2003. (Issue 1] V -1302

ACT 660
Industrial Designs Act, 2003
is claimed, the earliest validly claimed priority date, shall have the right to register the
industrial design, as long as the application is not withdiawn, abandoned or rejected. (4) The right to an industrial design may be assigned, transferred or devolved by
succession. (5) Where an industrial design is created in execution of an employment contract, the
right to registration of the industrial design belongs, in the absence of contractual provi
sions to the contrary, to the employer. 4. Naming the creator
(1) The creator shall be named the creator in the registration of the industrial design
unless the creator indicates in a special written declaration signed by the creator and ad
dressed to the Registrar that the creator does not wish to be named. (2) A promise or an undertaking by the creator made to any person to the effect that
the creator will make a declaration referred to in subsection (1) is void. 5. Application
(1) A person may apply to the Registrar for the registration of an industrial design.

eclaration referred to in subsection (1) is void. 5. Application
(1) A person may apply to the Registrar for the registration of an industrial design.

(2) The application is subject to the payment of the prescribed fees and it shall contain
(a) a request, drawings, photographs or any other adequate graphic representa
tions of the industrial design, and
(b) an indication of the article which constitutes the industrial design or in rela
tion to which the industrial design is to be used. (3) Where the applicant is not the creator, the application shall contain a statement
justifying the applicant’s right to the registration of the industrial design. (4) The application may contain
(fl) a specimen of the articles embodying the industrial design, where the in
dustrial design is two-dimensional, and
(b) a declaration claiming priority, as provided for in the Schedule, of one or
more earlier national or regional applications or international deposits filed
by the applicant or applicant’s predecessor-in-title in or for a State party to
that Convention or member of the World Trade Organisation.

osits filed
by the applicant or applicant’s predecessor-in-title in or for a State party to
that Convention or member of the World Trade Organisation.

(5) Where an application contains a declaration referred to in subsection (4) (b), the
Registrar may require the applicant to furnish, within the prescribed time limit, a copy of
the earlier application or international deposit, certified as correct by the office with which
it was filed, and the effect of that declaration shall be as provided for in the Schedule. (6) Where the Registrar finds that the requirements under this section and the Regula
tions pertaining to a declaration are not fulfilled, the declaration shall be considered not
to have been made. (7) 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 composi
tion of articles. V-1303 [Issue 1]

same application if they
relate to the same class of the International Classification or to the same set or composi
tion of articles. V-1303 [Issue 1]

ACT 660
Industrial Designs Act, 2003
(8) The applicant may withdraw the application during its pendency. 6. Examination
(1) The Registrar shall record as the filing date, the date of receipt of the application,
where, at the time of receipt, the application contains indications allowing the identity of the
applicant to be established and the required graphic representations of the industrial design. (2) Where the application did not at the time of receipt, fulfil the requirements re
ferred to in subsection (1), the Registrar shall invite the applicant to file the required cor
rection and shall record as the filing date the date of receipt of the required correction, but
if no correction is made the application shall be treated as if it had not been filed. (3) After recording the filing date, the Registrar shall ascertain whether
(a) the application complies with the requirements of section 5,
(b) the prescribed application fee has been paid, and
(c) the industrial design complies with sections 1 and 2 (4). Registration
7.

ents of section 5,
(b) the prescribed application fee has been paid, and
(c) the industrial design complies with sections 1 and 2 (4). Registration
7.

Opposition to registration
(1) An interested person may within the prescribed period and in the prescribed man
ner give notice to the Registrar of an opposition to the registration of an industrial design
on the ground that one or more requirements of sections 1 and 2 have not been fulfilled or
that the applicant does not have a right to the registration of the industrial design. (2) The Registrar shall send a copy of the notice to the applicant within the pre
scribed period. (3) The applicant shall within the prescribed period and in the prescribed manner,
send to the Registrar a counter-statement of the grounds on which the applicant relies for
the application. (4) Where the applicant fails to send a counter-statement under subsection (3), the
applicant shall be considered to have abandoned the application. (5) If the applicant sends a counter-statement, the Registrar shall on receipt of the
counter-statement send a copy of the counter-statement to the person giving the notice of
opposition. (6) The Registrar shall hear the parties if either or both wish to be heard and after
considering the merits of the case, decide whether the industrial design is registrable. 8.

r the parties if either or both wish to be heard and after
considering the merits of the case, decide whether the industrial design is registrable. 8.

Registration and publication
(1) Where the Registrar finds that the conditions referred to in sections 1 and 2 (4)
are fulfilled and the registration of the industrial design
(a) has not been opposed within the prescribed time limit, or
(b) has been opposed and the opposition has been decided in the applicant’s
favour,
the Registrar shall register the industrial design, publish a reference to the registration and
issue to the applicant a certificate of registration of the industrial design. (Issue 1] V-1304

al design, publish a reference to the registration and
issue to the applicant a certificate of registration of the industrial design. (Issue 1] V-1304

ACT 660
Industrial Designs Act, 2003
(2) Where the Registrar is satisfied that the industrial design is not registrable the
Registrar shall refuse the application. 9. Rights conferred by registration
(1) The exploitation of a registered industrial design by persons other than the regis
tered owner shall require the consent of the owner. (2) For the purposes of subsection (1), “exploitation” of a registered industrial de
sign means the making, selling, importing or otherwise distributing for commercial pur
poses, articles bearing or embodying a design which is a copy or substantially a copy of
the industrial design. (3) The rights conferred by registration are not applicable to acts in respect of articles
which have been put on the market in any country by the registered owner or with the
registered owner’s consent. (4) The registered owner may, in addition to any other rights, remedies or actions
available under an enactment, institute court proceedings against a person who infringes
the industrial design or who performs an act which makes it likely that infringement will
occur. 10.

court proceedings against a person who infringes
the industrial design or who performs an act which makes it likely that infringement will
occur. 10.

Duration and renewal of registration
(1) The registration of an industrial design shall be for a period of five years from the
filing date of the application for registration. (2) The registration may be renewed for two further consecutive periods of five years
on the payment of the prescribed fee. (3) A grace period of six months shall be allowed for the late payment of the renewal
fee on payment of the prescribed surcharge. 11. Surrender of registration
(1) A registered owner may surrender the industrial design by written declaration to
the Registrar who shall record the surrender in the register and publish it in the prescribed
manner. (2) The surrender is effective from the date on which it is recorded. 12. Cancellation of registration
(1) An interested person may apply to the Court to cancel the registration of an indus
trial design. (2) The Court shall cancel the registration of an industrial design if the person re
questing the cancellation proves that a requirement of sections 1 and 2 has not been ful
filled or if the registered owner is not the creator or successor in title.

ancellation proves that a requirement of sections 1 and 2 has not been ful
filled or if the registered owner is not the creator or successor in title.

(3) A cancelled registration of an industrial design or part of it is void from the date
of the registration. (4) The Registrar of the Court shall notify the Registrar of the decision of the Court
and the Registrar shall record it and publish a reference to it. V—1305 [Issue 1]

of the Court shall notify the Registrar of the decision of the Court
and the Registrar shall record it and publish a reference to it. V—1305 [Issue 1]

ACT 660
Industrial Designs Act, 2003
13. Changes in ownership
(1) A change in the ownership of the registration of an industrial design or in the
ownership of an application for an industrial design, shall be in writing and shall, on the
request of an interested party made to the Registrar, be recorded and, except in the case of
an application, be published by the Registrar. (2) A change under subsection (1) is of no effect against third parties until it has been
recorded and published. 14. Licence contracts
(1) A copy of each licence contract concerning
(a) a registered industrial design,
(b) an application for the registration of an industrial design,
shall be submitted to the Registrar who shall keep its contents confidential but shall record
it and publish a reference of the licence contract. (2) A licence contract is of no legal effect against third parties until it has been recorded
in accordance with this section. Administration
15. Registrar
The Registrar is responsible for the functions relating to the procedure for the registra
tion of industrial designs and for the administration of registered industrial designs as
specified in this Act. 16.

to the procedure for the registra
tion of industrial designs and for the administration of registered industrial designs as
specified in this Act. 16.

Register
(1) The Registrar shall maintain a register in which shall be recorded the matters re
quired by this Act to be recorded. (2) The register may be consulted by any person and extracts from the register may
be obtained subject to the prescribed conditions. (3) The Registrar shall publish in the prescribed manner the publications provided for
under this Act. 17. Correction of errors
The Registrar may correct an error or a translation or transcription, clerical error or
mistake in an application or a document filed with the Registrar or in a matter recorded
pursuant to this Act. 18. Extension of time
(1) The Registrar on being satisfied that the circumstances justify it, may, on receiv
ing a written request, extend the time for doing an act or taking a proceeding under this
Act, on notice to the parties concerned and on the terms as the Registrar may direct. (2) The extension may be granted though the time for doing the act or taking the pro
ceedings has expired. [Issue 1] V-1306

the Registrar may direct. (2) The extension may be granted though the time for doing the act or taking the pro
ceedings has expired. [Issue 1] V-1306

ACT 660
Industrial Designs Act, 2003
19. Exercise of discretionary powers
The Registrar shall, in exercising a discretionary power conferred by this Act, comply
with article 296 of the Constitution. 20. Representation
If the ordinary residence or principal place of business of an applicant under this Act
is outside the country, the applicant shall be represented by a legal practitioner resident
and practising in the country. 21. Appeals
A decision taken by the Registrar in the performance of the functions under this Act,
is subject to appeal as of right by an interested party to the Court. Miscellaneous
22. Infringement and offences
(1) Subject to section 9 (3) an act specified in section 9 (2) and performed by a per
son other than the registered owner, and without the consent of the owner, constitutes an
infringement of the industrial design.

nd performed by a per
son other than the registered owner, and without the consent of the owner, constitutes an
infringement of the industrial design.

(2) On the application by
(a) the registered owner, or
(b) a licensee who has requested the registered owner to institute court pro
ceedings for a specific relief and the registered owner has refused or failed
to do so,
the Court may grant an injunction to prevent an infringement or an imminent infringe
ment, award damages and grant any other remedy as the Court considers appropriate in
the circumstances. (3) A person who knowingly performs an act which constitutes an infringement as
defined in subsection (1) commits an offence and is liable on summary conviction to a
fine not exceeding two thousand penalty units or to a term of imprisonment not exceeding
two years or to both the fine and the imprisonment. 23. Application of international treaties
An international treaty in respect of industrial property to which the country is a party
is applicable to matters dealt with by this Act, and in the case of a conflict with a provi
sion of this Act, the provisions of the international treaty shall prevail. 24. Harare Protocol
An international application may designate Ghana for an industrial design under the
Harare Protocol. 25.

nal treaty shall prevail. 24. Harare Protocol
An international application may designate Ghana for an industrial design under the
Harare Protocol. 25.

Regulations
The Minister may, by legislative instrument, make Regulations for the effective im
plementation of this Act, and in particular, prescribing
(a) the fees payable in respect of applications and other matters;
V -1307 [Issue 1]

ctive im
plementation of this Act, and in particular, prescribing
(a) the fees payable in respect of applications and other matters;
V -1307 [Issue 1]

ACT 660
Industrial Designs Act, 2003
(b) the details of the requirements and procedures on the filing and examina
tion of applications;
(c) the details in relation to the consultation of the Register;
(d) the procedure for extracting copies from the Register; and
(e) other particulars required to be prescribed under this Act. 26.

on of the Register;
(d) the procedure for extracting copies from the Register; and
(e) other particulars required to be prescribed under this Act. 26.

Interpretation
In this Act, unless the context otherwise requires,
“Court” means the High Court;
“creator” means the person who creates the industrial design;
“Harare Protocol” means the Protocol on Patents and Industrial Designs adopted
in 1982 in Harare, Zimbabwe and ratified by the Government of Ghana on 20th Sep
tember, 1983;
“International Classification” means the classification according to the Locarno
Agreement of October 8, 1968 establishing an International Classification for Indus
trial Designs;
“Minister” means the Minister responsible for Justice;
“Paris Convention” means the Paris Convention for the Protection of Industrial
Property of March 20, 1883, as revised;
“priority date” means the date of the earlier application that serves as the basis
for the right of priority provided for in the Paris Convention;
“register” means the Register of Industrial Designs;
“registered owner” means the registered owner of an industrial design; and
“Registrar” means the Registrar-General. 27. Repeals and savings
(1) The United Kingdom Designs (Protection) Ordinance (Cap. 182) and the Textile
Designs (Registration) Decree, 1973 (N.R.C.D. 213) are repealed.

ings
(1) The United Kingdom Designs (Protection) Ordinance (Cap. 182) and the Textile
Designs (Registration) Decree, 1973 (N.R.C.D. 213) are repealed.

(2) Subsidiary legislation made under the repealed laws shall remain in force until
revoked. (3) Despite the repeal of the Textile Designs (Registration) Decree, 1973 (N.R.C.D. 213), a textile design registered under it and in force immediately before the coming into
force of this Act, shall remain in force for the unexpired portion of the period of protec
tion provided under this Act subject to the payment of the renewal fees provided for
under this Act. [Issue 1] V-1308

portion of the period of protec
tion provided under this Act subject to the payment of the renewal fees provided for
under this Act. [Issue 1] V-1308

ACT 660
Industrial Designs Act, 2003
(4) A person who, on the coming into force of this Act, is the proprietor of an indus
trial design which has been registered in the United Kingdom, or has filed an application
for the registration of an industrial design in the United Kingdom, may, within twelve
months from the date of the coming into force of this Act, file an application for the reg
istration of the same industrial design under this Act and the application shall be accorded
the filing date or priority date accorded to the application or registration in the United
Kingdom. (5) An industrial design registered under subsection 3 shall, subject to section 10 (2),
enjoy a term of protection not exceeding five years from the filing date. SCHEDULE
[Section 5 (4) (b) and (5)]
ARTICLE 4
[A to F, H and I: Patents, Utility Models, Industrial Designs, Marks, Inventors’ Certificates:
Right of Priority —G.

tion 5 (4) (b) and (5)]
ARTICLE 4
[A to F, H and I: Patents, Utility Models, Industrial Designs, Marks, Inventors’ Certificates:
Right of Priority —G.

Patents: Division of the Application]
A—(1) Any person who has duly filed an application for a patent, or for the registration
of a utility model, or of an industial design, or of a trademark, in one of the countries of the
Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a
right of priority during the periods hereinafter fixed. (2) Any filing that is equivalent to a regular national filing under the domestic legisla
tion of any country of the Union or under bilateral or multilateral treaties concluded between
countries of the Union shall be recognised as giving rise to the right of priority. (3) By a regular national filing is meant any filing that is adequate to establish the
date on which the application was filed in the country concerned, whatever may be the subse
quent fate of the application.

s adequate to establish the
date on which the application was filed in the country concerned, whatever may be the subse
quent fate of the application.

B—Consequently, any subsequent filing in any of the other countries of the Union be
fore the expiration of the periods referred to above shall not be invalidated by reason of any
acts accomplished in the interval, in particular, another filing, the publication or exploitation
of the invention, the putting on sale of copies of the design, or the use of the mark, and such
acts cannot give rise to any third-party right or any right of personal possession. Rights ac
quired by third parties before the date of the first application that serves as the basis for the
right of priority are reserved in accordance with the domestic legislation of each country of
the Union. C—( 1) The periods of priority referred to above shall be twelve months for patents and
utility models, and six months for industrial designs and trademarks. (2) These periods shall start from the date of filing of the first application: the day of
filing shall not be included in the period. (3) If the last day of the period is an official holiday, or a day when the Office is not
open for the filing of applications in the country where protection is claimed, the period shall
be extended until the first following working day.

ot
open for the filing of applications in the country where protection is claimed, the period shall
be extended until the first following working day.

(4) A subsequent application concerning the same subject as a previous first applica
tion within the meaning of paragraph (2) above, filed in the same country of the Union, shall
be considered as the first application, of which the filing date shall be the starting point of the
period of priority, if, at the time of filing the subsequent application, the said previous applica
tion has been withdiawn, abandoned, or refused, without having been laid open to public
V-1309 [Issue 1]

equent application, the said previous applica
tion has been withdiawn, abandoned, or refused, without having been laid open to public
V-1309 [Issue 1]

ACT 660
Industrial Designs Act, 2003
inspection and without leaving any rights outstanding, and if it has not yet served as a basis
for claiming a right of priority. The previous application may not thereafter serve as a basis
for claiming a right of priority. D—( 1) Any person desiring to take advantage of the priority of a previous filing shall be
required to make a declaration indicating the date of such filing and the country in which it
was made. Each country shall determine the latest on which such declaration must be made. (2) These particulars shall be mentioned in the publications issued by the competent
authority, and in particular in the patents and the specifications relating thereto. (3) The countries of the Union may require any person making a declaration of prior
ity to produce a copy of the application (description, drawings, etc.) previously filed. The
copy, certified as correct by the authority which received such application, shall not require
any authentication, and may in any case be filed, without fee, at any time within three months
of the filing of the subsequent application.

ot require
any authentication, and may in any case be filed, without fee, at any time within three months
of the filing of the subsequent application.

They may require it to be accompanied by a certifi
cate from the same authority showing the date of filing, and by a translation. (4) No other formalities may be required for the declaration of priority at the time of
filing the application. Each country of the Union shall determine the consequences of failure
to comply with the formalities prescribed by this Article, but such consequences shall in no
case go beyond the loss of the right of priority. (5) Subsequently, further proof may be required. Any person who avails himself of the priority of a previous application shall be re
quired to specify the number of that application; this number shall be published as provided
for by paragraph (2), above. E—(1) Where an industrial design is filed in a country by virtue of a right of priority
based on the filing of a utility model, the period of priority shall be the same as that fixed for
industrial designs. (2) Furthermore, it is permissible to file a utility model in a country by virtue of a
right of priority based on the filing of a patent application, and vice versa.

, it is permissible to file a utility model in a country by virtue of a
right of priority based on the filing of a patent application, and vice versa.

F—No country of the Union may refuse a priority or a patent application on the ground
that the applicant claims multiple priorities, even if they originate in different countries, or on
the ground that an application claiming one or more priorities contains one or more elements
that were not included in the application or applications whose priority is claimed, provided
that, in both cases, there is unity of invention within the meaning of the law of the country. With respect to the elements not included in the application or application whose priority
is claimed, the filing of the subsequent application shall give rise to a right of priority under
ordinary conditions. G—(1) If the examination reveals that an application for a patent contains more than
one invention, the applicant may divide the application into a certain number of divisional
applications and preserve as the date of each the date of the initial application and the benefit
of the right of priority, if any.

mber of divisional
applications and preserve as the date of each the date of the initial application and the benefit
of the right of priority, if any.

(2) The applicant may also, on his own initiative, divide a patent application and pre
serve as the date of each divisional application the date of the initial application and the bene
fit of the right of priority, if any. Each country of the Union shall have the right to determine
the conditions under which such division shall be authorised. H—Priority may not be refused on the ground that certain elements of the invention for
which priority is claimed do not appear among the claims formulated in the application in the
country of origin, provided that the application documents as a whole specifically disclose
such elements. [Issue 1] V-1310

in the application in the
country of origin, provided that the application documents as a whole specifically disclose
such elements. [Issue 1] V-1310

ACT 660
Industrial Designs Act, 2003
1—(l) Applications for investors’ certificates filed in a country in which applicants have
the right to apply at their own option either for a patent or for an investor’s certificate shall
give rise to the right of priority provided for by this Article, under the same conditions and
with the same effects as applications for patents. (2) In a country in which applicants have the right to apply at their own option either
for a patent or for an inventor’s certificate, an applicant for an inventor’s certificate shall, in
accordance with the provisions of this Article relating to patent applications, enjoy a right of
priority based on an application for a patent, a utility model, or an inventor’s certificate. ARTICLE Abis
Patents: Independence ofPatents Obtained for the Same Invention in Different Countries
(1) Patents applied for in the various countries of the Union by nationals of countries of
the Union shall be independent of patents obtained for the same invention in other countries,
whether members of the Union or not.

als of countries of
the Union shall be independent of patents obtained for the same invention in other countries,
whether members of the Union or not.

(2) The foregoing provision is to be understood in an unrestricted sense, in particular, in
the sense that patents applied for during the period of priority are independent, both as regards
the grounds for nullity and forfeiture, and as regards their normal duration. (3) The provision shall apply to all patents existing at the time when it comes into effect. (4) Similarly, it shall apply, in the case of the accession of new countries, to patents in
existence on either side at the time of accession. (5) Patents obtained with the benefit of priority shall, in the various countries of the Un
ion, have a duration equal to that which they would have, had they been applied for or granted
without the benefit of priority. ARTICLE Ater
Patents: Mention of the Inventor in the Patent
The inventor shall have the right to be mentioned as such in the patent. ARTICLE Aquater
Patents: Patentability1 in case ofRestrictions of Sale by Law
The grant of a patent shall not be refused and a patent shall not be invalidated on the
ground that the sale of the patented product or of a product obtained by means of a patented
process is subject to restrictions or limitations resulting from the domestic law.

he patented product or of a product obtained by means of a patented
process is subject to restrictions or limitations resulting from the domestic law.

V-1311 [Issue 1]