UNLOCKING THE POTENTIAL OF GHANAIAN SPORTS VIA INTELLECTUAL PROPERTY RIGHTS (IPR)

The Award of Damages in Ghanaian Copyright Disputes -Existing Standards, Emerging Patterns, And the Ideal Approach

Damages remain one of the central mechanisms for enforcing copyright and ensuring that creative effort receives meaningful protection. In Ghana, the Copyright Act, 2005 (Act 690) establishes the basic framework for enforcement but leaves much of the award of damages to judicial discretion. Through the doctrinal research approach, this paper explores how Ghanaian law currently treats the award of damages for copyright infringement, examining the existing standards, identifying emerging judicial and procedural patterns, and proposing an ideal approach that aligns with the broader goal of achieving copyright dual goal and strengthening Ghana’s copyright regime

Tracing the legal framework for recognising and enforcing domestic and international trademarks in Ghana: insights from the case of Kalbe v. Kojach

Trademark protection remains central to safeguarding brand identity, consumer confidence, and fair competition, particularly within an interconnected global economy where goods and services readily cross borders. In Ghana, the legal framework for trademark protection is provided by the Trademarks Act, 2004 (Act 664) and its subsequent amendments. This domestic framework is complemented by Ghana’s adherence to international treaties, including the Madrid Protocol and the TRIPS Agreement, which together establish the legal basis for recognising both domestic and foreign trademark rights. Nonetheless, practical enforcement often presents challenges, especially in cases involving cross-border claims.The case of Kalbe v. Kojach offers a critical lens for understanding these challenges. The dispute centered on the pharmaceutical trademark “PROCOLD,” registered by the plaintiffs in Indonesia, who sought to enforce their rights in Ghana. The defendants challenged the claim by invoking the principle of territoriality, arguing that foreign registration does not automatically confer protection within Ghana. While the court affirmed the necessity of local registration and territorial limits, its approach revealed shortcomings in effectively addressing the complex interaction between domestic law and international obligations.This paper situates the case within the broader discourse on Ghana’s trademark regime, identifying both its strengths, such as clarity on territoriality, and its weaknesses, including the slow adaptation of enforcement mechanisms to global commercial realities. It concludes that foreign rights holders must prioritise local registration and compliance with statutory procedures, while domestic businesses must adopt stronger portfolio management strategies. Recommendations are offered for reforms to streamline domestic trademark protection and harmonise international recognition mechanisms, thereby enhancing Ghana’s role in global intellectual property governance

UNDERSTANDING ORIGINALITY IN COPYRIGHT LAW: BRIDGING THE GAP FOR CREATORS

The concept of originality in copyright law is complex and subject to various definitions and interpretations. While copyright protects among other, literary and artistic works, not all such works automatically qualify for protection. While the Berne Convention does not set the core criteria for copyright protection, most member states require that a work be "original" to qualify for copyright protection. Importantly, originality in this context does not equate to novelty, but rather refers to the work's unique expression. Despite the Convention's broader efforts to harmonise international copyright standards, it stops short of providing a consistent definition or benchmark for this accepted originality. As a result, the responsibility falls on individual countries to interpret and apply this key concept, leading to varied and often conflicting approaches to determining what qualifies for copyright protection. This paper critically examines the originality requirement for copyright protection, aiming to uncover the root causes of diverse interpretations and propose a more suitable alternative to the term "originality" to help create some more predictable and certain understanding of the term

AMEDUME V ASANTE: RETHINKING PERFORMER VULNERABILITY IN THE CONTEXT OF COPYRIGHT AND NEIGHBOURING RIGHTS TRANSFERS

This paper explores the complexities surrounding performers' rights and copyright transfers in Ghana, with a particular focus on the implications of the Ghanaian case of Amedume v. Asante. Very little attention has been paid to the moral rights and how they relate to copyright and neighbouring rights. While exclusive copyrights generally operate independently, perfromers' rights under copyright law often appear deeply intertwined with these eclusive rights, leading to the assumption that the interests of creators and performers are in perfect harmony, which is not the case reality. Through the Amedume case, the nuanced difficulties of applying copyright law to performers' rights, especially regarding moral rights, are made evident. Using a doctrinal analysis and drawing from the US approach to detemining film authorship, this study examines how the principles of authorship and the transfer of exclusive rights under Ghana's Copyright Act 2005 (690) have been misinterpreted in practice, as evidenced by the case study. It seeks to clarify the appropriate purposive approach to applying these principles and offers guidelines for better balancing the interests of performers and copyright holders. Ultimately, the paper aims to contribute to a more equitable legal framework for Ghana's creative industry on this subject.

Bridging Beats and Rights: Empowering Ghanaian Musicians through Collaborative Authorship and Copyright Awareness

Collaboration is central to Ghana’s musical ecosystem, yet it is undermined by overreliance on informal practices that often obscure ownership and limit musicians’ ability to benefit from their creative labour. In this paper, we examine collaborative authorship and copyright awareness in Ghana, with a focus on the disjuncture between artistic practice and legal safeguards. The discussion is framed within Ghana’s Copyright Act 2005 (Act 690) and the “all-or-nothing” and proportionality theoretical models of co-authorship. We consider the perceived benefits of informality, such as creative freedom and efficiency, against the risks, including disputes, exclusion from royalties, and long-term loss of rights. Our analysis highlights structural barriers that contribute to the gap between creative practice and legal safeguards, such as low levels of copyright awareness, fragile institutional frameworks, and widespread distrust of collective management organisations. To bridge the gap, we propose strategies centred on the promotion of formal agreements, copyright education, and stronger institutional support. Case studies from the United States, United Kingdom, and Sweden demonstrate that formalisation can coexist with vibrant creativity. We conclude that empowering Ghanaian musicians through rights literacy and accessible legal tools is essential for sustainable growth