MERCHANDISE MARKS ACT, 1964 (ACT 253)

(1) Subject to the provisions of this Act, any person who (a) applies any false trade description to goods; or (b) falsely applies to goods any trade mark or any mark so nearly resembling a trade mark as to be likely to deceive; or (c) forges any trade mark; or (d) makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging a trade mark; or (e) disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or (f) causes any of the foregoing things to be done, is guilty of a misdemeanour. (2) Subject to the provisions of this Act, any person who sells or exposes for or has in his possession for sale or for any purpose of trade or manufacture any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be likely to deceive is applied, as the case may be, is guilty of a misdemeanour. (3) Where a person is convicted of an offence under this section any goods and things of any kind by means of or in relation to which the offence is committed shall be liable, at the discretion of the court, to be forfeited to the Republic.

(1) Where a person is charged with any offence under subsection (1) of section 1, it shall be a good defence if he proves that he acted without intent to defraud. (2) Where a person is charged with any offence under paragraph (a), (b) or (d) of subsection 1 of section 1 or under paragraph (f) of the said subsection for causing to be done any of the things mentioned in the said paragraphs (a), (b) and (d), it shall be a good defence if he proves - (a) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making, or being used in making trade marks, or as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in Ghana and was not interested in the goods by way of profit or commission dependent on the sale of the goods; and (b) that he took reasonable precautions against committing the offence charged; and (c) that he had, at the time of the commission of the alleged offence, no reason to doubt the genuineness of the trade mark, mark, or trade description; and (d) that he gave the prosecutor all the information in his power with respect to the persons on whose behalf the trade mark, mark, or description was applied. (3) Where aperson is charged with an offence under subsection (2) of section 1, it shall be a good defence if he proves - (a) that having taken all reasonable precautions against committing an offence against this Act, he had at the time of the commission of the alleged offence no reason to doubt the genuineness of the trade mark, mark or trade description and that on demand made by or on behalf of his prosecutor, he gave all the information in his power with respect on the persons from whom he obtained the goods or things; or (b) that otherwise he had acted innocently. (4) A person discharged of an offence by virtue of the defence Specified in subsection (2) of this section shall, notwithstanding his discharge, be liable to pay the costs incurred by the prosecutor, unless he has given to the prosecutor such notice as the court thinks reasonable of his intention to rely on that defence.