IP/NI 1IGHA/U/ I
Pao-e
5
b
(4) .Any act or practice) in the course of industrial or commercial acti vi
ties, shall be considered an act of unfair competition if it consists or results in
(a) an unfair commercial use of secret test or other data, the origin
ofwhich involves considerable effort and which have been sub
mitted to a competent authority for the purposes of obtaining
approval of the marketing of pharmaceutical or agricultural
chemical products which utilise new chemical entities; or
(b) the disclosure of such data) except where
(i) it is necessary for the protection of the public; and
(ii) steps are taken to ensure that the data are protected
against unfair commercial use.
Unfair competition in respect of national and international obligations
6. (1) Any act or practice in the course of industry or commercial activity
that results in the breach of Ghanaian law or international or regional obliga
tion to which a person engaged in business or commercial activity in Ghana is
subject and in a manner contrary to honest business practices constitutes an
act of unfair competition.
(2) Breach ofinternational or regional obligations may in particular result
from
(a) breach of protocols agreements or other obligations entered into
under the World Trade Organization,
(b) breach of protocols agreements or other obligations entered into
pusuant to the Treaty establishing the Economic Community of
West African States (ECOWAS) as revised,
(c) any act or practice by which a foreign producer of goods or
services is granted special advantages in the country of
production) including but not limited to direct subsidies and pref
erential tax "treatment, which results in' significant
distor
tion of competitive strength in Ghana compared to
Ghana
ian producers.
General principles
7.. In addition to the acts and practices referred. to in sections 1 to 6 any act
or practice in the course of industrial or commercial activities that is contrary
to honest practices constitutes an act of unfair competition.
Civil remedies
8. (1) A person who is damaged or considers that he is likely to be
damaged by an act of unfair competition may bring an action for
(a) an order of injunction to prevent the act or further acts of unfair
competition;
(b) a provisional order to prevent unlawful acts or to preserve
relevant evidence;
(c) the award of damages as compensation; and
(d) any other remedy as the court may consider fit to order.
(2). Subsection (1) does not preclude an action being brought.under any
other enactment for the enforcement of aperson's intellectual property rights.
Regulations
9. The Minister may by legislative instrument make Regulations for the
effective implementation of this Act.