Protection Against Unfair Competition Act, 2000 (Act 589)

Section 5: (1) Any act or practice in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by another person of secret information without the consent of the rightful owner of that information and in a manner contrary to honest commercial practices constitutes an act of unfair competition.(2) Disclosure, acquisition or use of secret information by another person without the consent of the rightful owner may, in particular, result from—(a) industrial or commercial espionage;(b) breach of contract;(c) breach of confidence;(d) inducement to commit any of the acts referred to in paragraphs (a) to (c);(e) acquisition of secret information by a third party who knew or was grossly negligent in failing to know, that an act referred to in paragraphs (a) to (d) was involved in the acquisition.(3) For the purposes of this section, information is "secret information" if—(a) it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;(b) it has commercial value because it is secret; and(c) it has been subject to reasonable steps under the circumstances by the rightful owner to keep it secret.(4) Any act or practice, in the course of industrial or commercial activities, shall be considered an act of unfair competition if it consists or results in—(a) an unfair commercial use of secret test or other data, the origin of which involves considerable effort and which have been submitted to a competent authority for the purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemical products which utilise new chemical entities; or(b) the disclosure of such data, except where(i) it is necessary for the protection of the public; and(ii) steps are taken to ensure that the data are protected against unfair commercial use.

Procedures to Follow




Not Avaiable

Responsible Institution

Ministry of Trade and Industry

Ministries
Email:info@moti.gov.gh
Website:www.moti.gov.gh

Fees / Charges




Not Avaiable