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Amendments to Trademark Laws

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Jan 13, 2015 (Newsletter Issue 1/15)
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Trademark Law Amended

The Trademarks (Amendment) Act, 876 of 2014 came into force on July 25, 2014. It amended the existing Trademarks Act, 664 of 2004. The reason why it becomes public now is that it seems to have been shrouded in secrecy – to the extent that even the Registry was unaware of its publication.

The most noteworthy change is that the Madrid Protocol has now officially been incorporated into Ghanaian law. In fact, Ghana alread signed up to the Madrid Protocol on June 16, 2008, but, as Ghana is a common law country, the agreement only became part of domestic law once it was formally incorporated. As there is nothing in the Amendment Act to suggest that it has retrospective effect, doubts about IR covering Ghana that predate the effective date July 25, 2014, remain.

For further information, please check the news from Spoor & Fisher here

Source: Spoor & Fisher, South Africa