The Companies Act, 2019 ( ACT 992)
Section 12: (1) When an application js made to the Court or to the Registrar by any person aggrieved, a registered textile design may be cancelled from the register for any of the following reasons:-
(a) that the design has been copied exactly from a textile design belonging to a different proprietor which is currently registered under this Decree;
(b) that the design is similar to a textile design belonging to a different proprietor which is currently registered under this Decree in such a way as to be likely to mislead purchasers in Ghana or damage his business;
(c) that the design differs from textile design belonging to a different proprietor which is currently registered under this Decree only in immaterial details or in features which are variants commonly used in the trade;
(d) that the registered proprietor is not the proprietor of the textile design as defined in this Decree;
(e) that the registration of the textile design was obtained by fraud.
(2) Except in a case where the reason alleged for cancellation of a textile design from the register is the reason set out in paragraph (e) of subsection (1) of this section, no application for cancellation under subsection (1) of this section shall be entertained unless it is made within five years from the date specified in subsection (2) (b) of section 7 in relation to the registration of the textile design concerned.
(3) After the expiration of the said period of five years the original registration of the textile design shall be taken to be valid in all respects unless that registration has been obtained by fraud.
(4) The Court or the Registrar may upon an application made under this section and after such inquiry as may be necessary, make such order for maintaining, expunging or varying the registration of a textile design as may be deemed fit.
(5) Any Court order rectifying the register made under this section shall direct that notice of the rectification be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly.
(6) Any party to proceedings before the Registrar under this section may appeal from the decision of the Registrar under this Decree to the Court.
Procedure to Follow
Procedure for handling appeals...
Responsible Institution
Near Gulf Hse. Okponglo Accra
- Email: gsanep@gsa.gov.gh
- Website: www.gsa.gov.gh
- GPS: GA-288-5605
- Telephone: (+233-302) 506991-5 / 500065/6
Relevant Forms to Download
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Online System
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