(a) the forfeiture of the goods, materials or articles if it is satisfied that a relevant offence has
been committed in relation to the goods, materials or articles; and
(b) the destruction of the goods, materials or articles in accordance the order.
(4) Subject to subsection 3 (b) the Court may release the goods, materials or articles to a person on
condition that that person
(a) causes the offending sign to be erased, removed or obliterated, and
(b) complies with any order to pay costs which has been made against that person.
(5) A person aggrieved by an order or decision of the Court may appeal against that order or decision.
(6) For the purposes of this section a "relevant offence" means an offence in relation to the unauthorised
use of a trade mark in relation to goods or under Part Ill of Trade Descriptions and Fraudulent Marks or any
offence involving dishonesty or deception. "
Section 51 of Act 664 amended
11. The principal enactment is amended in section 51 by the addition of a new subsection (3)
"(3) Regulations made under this section may provide for giving effect to the provisions of the Madrid Protocol
and may, in particular provide for
(a) applications for intemational registrations.bY way of the Trademark Office as Office of origin;
(b) procedures to be followed where the basic application or registration fails or ceases to be in force;
(c) procedure to be followed where the office receives from the International Bureau, a
request for extension of protection to Ghana;
(d) effect of a successful request for extension of protection to Ghana;
(e) transformation of an application for an international registration, into a national application for
registration;
(f) communication of information to the Inter- national Bureau; and
(g) payment of fees and amounts prescribed In respect of applications for international registration,
extensions of protection and renewals.
Section 52 of Act 664 amended
12. Section 52 of the principal enactment is amended by the addition of the following in the interpretation
section:
"Madrid Protocol" means the Protocol relating to the Madrid Agreement concerning the International Registration
of Marks, as adopted at Madrid on 27th June, 1989;
"International Bureau" has the meaning given by Article 2 (1) of the Protocol;
"International Trademark" means a trademark which is entitled to protection in Ghana under that Protocol; and
"Well-known trademark" means the trademark of a person who is
(a) a national of a country that is a party to the Paris Convention; or
(b) domiciled In or has a real and effective commercial establishment in a country that is a party to the Paris
Convention and the trademark is recongnised or known in the relevant public sector as belonging to that person.
Section 53 of Act 664 amended
13. Section 53 of the principal enactment is amended by the substitution for subsection (4) of
"(4) Marks registered under Act 270 shall be renewed for ten years from the date of expiration of the
original registration or of the last renewal of registration and after renewal shall be reclassified in
accordance with the international classification."
Section 54 inserted
14.The principal enactment is amended by the addition of a new section 54.
International registration
"54.The provisions of
(a) any International Treaty in respect ofTrademarks, to which the country is a party; and
(b) the Third Schedule shall apply to matters dealt with under this Act."
Third Schedule to Act 664 inserted
15. The principal enactment is amended by the addition of a new Third Schedule.
Third Schedule
(Section 54)
SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL
REGISTRATION UNDER THE MADRID PROTOCOL
lA. The provisions of this Part apply to international applications and international registrations under the
Madrid Protocol.