Parliament adopt Reports of two Bills with reservations

Parliament on Wednesday adopted the Reports of the Patent and Geographical Indications Bills but indicated reservations on their effect on the sustenance and protection of local industries.

The Attorney General and Minister of Justice, Papa Owusu-Ankomah in presenting the memorandum on the Patent Bill to the House said the purpose of the Bill is to provide for the protection of patents.

He said the Patent Law, 1992 (PNDCL 305A), has been modernised and revised to bring it in conformity with the international obligations of Ghana under the Agreement on Trade-Related Aspects of International Property Rights (TRIPS).

Papa Owusu-Ankomah said TRIPS now requires patent protection for inventions in all fields, subject to the permitted exclusion in TRIPS. Since by virtue of the Agreement, some of the provisions of the patent law are redundant and need to be replaced.

He said Section 27(2) (c) that deals with the obligations to work patented inventions is now inconsistent with the requirements of TRIPS while provisions on the patent Tribunal, Patent policy committee presumption of use of patented process, compulsory licences are some of the affected provisions.

The Bill has been divided into four parts; Utility Model Certificates, International Applications under the patent Co-operation Treaty and the general Provisions.

Mr Kwame Osei Prempeh, Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs on the Patent Bill said the Committee observed that the PNDCL 305 Patent Law of 1992 allowed for compulsory acquisition, which is inconsistent with the TRIPS Agreement.

He said there was, therefore, the need to change the laws in Ghana to be in conformity with the obligations under the TRIPS Agreement.

Alhaji Mohammed Mumuni, NDC- Kumbungu said the purpose of the Bill is to offer protection and sanctity of property rights that needs to be supported and protected.

He said there is the need for the protection and safeguarding of the invasion and pirating of works of local entrepreneurs.

Capt Nkrabeah Effah-Dartey (Rtd), NPP- Berekum stressed the need for education of producers and industrialists and the general public to be abreast with the provisions of the Bill.

He said the Utility Model Certificate is necessary as it would encourage artisans to be creative and to come out with improved inventions and models that can compete in the world market.

Mr Modestus Ahiable, NDC-Ketu North said there was the need for the Bill to be considered very critically because it is going to affect all aspects of technology.

He said the structures of the World Trade Organisation (WTO) should be looked at so that local innovations are protected and called for areas not covered to be, considered.

Mr Akwasi Osei Adjei, Deputy Minister of Foreign Affairs said a second look of the TRIP Agreement should be looked at so that items from developing countries are catered for.

In a related development, Papa Owusu-Ankomah said the objectives of the Geographical Indications Bill is to provide protection of geographical indications based on the concept that goods originating in a country, a region or a locality of the country should not be marketed under the original name by any manufacturer.

Papa Owusu-Ankomah said wrongful use of geographical indications is contrary to honest practices in industry and trade; is misleading to purchasers of the goods for which indications are used and persons who wrongfully use the indications obtain an unfair advantage over their competitions.

He said geographical indications are applied to natural and agricultural products and the products of handicraft and industry, such as wood, sugar, fruits, wine, coffee, tea, tobacco, textile goods and woven goods.

The Minister said geographical indication however does not only contribute to the reputation of a product but it creates good will among consumers and can assist immensely in export promotion.

Alhaji Mohammed Mumuni, NDC- Kumbungu said the development needs of marketing of produce is very important under the Bill and cited Ghana's main crop, cocoa that needs to be protected.

Mr Modestus Ahiable, NDC-Ketu North, said the Bill, needs to be given a second look for the protection of local products.

Capt. Nkrabeah Effah-Dartey, Deputy Minister of Local Government and Rural Development said the Kente cloth is highly abused internationally and needs to be protected under the Bill.

Mr Akwasi Osei Adjei, Deputy Minister of Foreign Affairs also emphasised the need to protect industries and products and called for credit to be given to the origin of products such as Kente, Pito and palm wine.

Mr Alban Bagbin, Minority Leader called on members to be cautious in their deliberations on the Geographical Indications Bill and to consider whether the outcome would be of benefit to the country before approving it into law.

He expressed concern that products emanating from African and developing countries seem not to be covered by the TRIP agreement and cited the Kente cloth and other initiatives that have not been included in the agreement.