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, (4) Notwithstandinganythingin this Act the registration of a
trade mark under this Act by virtue 'of subsection (3) of this section',
shall .have.. the same date as the date of application in the country
.referred to in that 'subsection..
(5) Nothing-in-this section .shall be deemed to entitle the
proprietor of a trade mark-to recover damages for any infringement
occurring prior to the date which, but for subsection (4) ofthis section
would have been the date .ofregistratlon of thattrademark,
, (6}'The registration under this 'Act of a trade mark to which
this section applies shall not be invalidated by reason only of the
use of that trade mark in Ghana during the period prescribed by
virtue of paragraph 'b) of subsection (7) ,of this section as that within
which ,the application for registration may be made"
, (1) An application for registration under this Act of a trade
mark to which this section applies must be made(0) in the manner specified in section 17 of this Act or, in
, the case of a certincation trade mark, in the manner
, specified in the First 'Schedule to this Act; and
. (b) within suchperiod as may be prescribed.
(8) A per~on shall for the purpose of this section be deemed
to have applied, in a country to: which this section applies, for
protection of a trade mark" 'of which he is the proprietor if he has
made an application which->'
(a) in accordance with the law of that country is equivalent
to an application duly made in that country, or
(b) in accordance' with the terms of 'any international
arrangement subsisting between that country and any
other country to which this section applies is equivalent
to an application duly made in the first.. mentioned
country. '
62. Where an offence under section 54, 55 or 56, of this ActOffences by
(a) is committedby a bod~ corporate not being ~ pa!tner-' ~~~~~f
,ship, or bya partnership or by a person purporting to
act on behalfof the bodycorporate or the partnership, and
(b) is proved to have been so committed with the consent
or approval of, or to have been facilitated by any
default on the part of, any person being, in the case of
the body corporate, a director thereof, Of, in the case
of the partnership, a partner thereof,
'
that person is also, guilty of the offence..
63. AU things required or authorised under this Act to be done Exercise of
by, to or before the Minister other than the making of regulations Kf.w~rs of
under section 65 of this Act, may be done by, to or before the Head inister,
of his Ministry or by some other public officer authorised in writing
in, that behalf by the Minister,