IPfNl1lGHA/TI1
Page 37
(b) in relation to an article with which both or all of them
. are connected in the course of trade,
those persons may be registered as Joint proprietors of the trade
mark and this' Act shall have effect in relation to any rights' to
the' u;e of the trade mark vested. in. those persons, as if those rights
.had been, vested in a single perscn;
'Provided .that the' rights of any person who is so registered
shall be deemed to be infringed by any other of the said persons
who uses the trade mark in physical or other relation io good~ in
respect-of which the trade mark is· registered under this section,
but with which both or all of the' said persons are not. and have
e
not been connected in the coerse of trade,
.
(2) Subject to subsection, (1) .of this section, nothing in this
Act shall authorise the registration' of two or more persons who
use a trademark independently, or propose so to use it, as joint
proprietors thereof,
".
. '
Trnstsand
@quities.
59~ (1) There' shall not be entered in the register any notice of
.any trust express, implied or constructive, nor shall any such notice
·be.receiva1?l~ by the Registrar. .
.
,
(2) SUbject to this Act, equities in respect of a trade mark
may be. enforced in like manner as in respect of any other movable
.property"
Recognition
of agents.
(iO. Where by this Act any act has to' be' done by or to any person
in connection with a trade mark or proposed trade mark or any
.procedure relating thereto, . the act may, subject. to any regulations
'ronde under section 65 of this Act) or in particular cases by special
leave of the Minister, be done by or to an 'agent of that person duly
authorised in the prescribed manner.
International
arrangemeats, etc.
61. (1)"This. section applies only to a country in relation to which
an instrument under subsection (2) of this section applying this section
thereto is for the time being in force.
(2) Wh.ere-·
(a) Ghana is. a party to an international arrangement with
any other country for the mutual protection of trade
marks, or
(b) the. President" is satisfied that the law of any country
outside Ghana makes adequate" provision for the pro,tection of trade marks registered in Ghana,
the President' may, by legislative' instrument; apply this section to
that country,
(3) Subject to the provisions of this section, where any person
.has applied -in 'aI!Y country to which this section applies, for the
protection of a trade mark of which he is the proprietor, that person
~ or his legal representative or assignee is .entitled to registration under
this. Act ofthattrade mark in priority to other applicants.