GHANA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Ghana mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
GHANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Ghana does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Section 5.1 of the Protection Against Unfair Competition Act of 2000, 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 (Secret information is defined in Section 5.3) 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. In addition, pursuant Section 5.4, any act or practice, in the course of industrial or commercial activities, is considered an act of unfair competition if it consists or results in: unfair commercial use of the secret test or other data, the origin of which involves considerable effort and which has been submitted to a competent authority for the purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemical products which utilize new chemical entities; or the disclosure of such data, except where it is necessary for the protection of the public; and steps are taken to ensure that the data are protected against unfair commercial use.
Coverage Horizontal
GHANA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Ghana to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
GHANA
Since November 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Ghana has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GHANA
Since February 2013
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Ghana has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GHANA
Since June 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Ghana Copyright Act, 2005 Act 690
Ghana has a copyright regime under the Copyright Act, 2005. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 19-21 list the exceptions, which include personal and teaching purposes, reproduction of single copy of a computer programme as a back-up, permitted use of copyright material by a library, among others.
Coverage Horizontal
GHANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
Although Ghana has the Patent Act and Copyright Act, enforcement is still regarded as weak and insufficient to guarantee reasonable protection of copyrights.
Coverage Horizontal
GHANA
Since February 1997
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Ghana is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GHANA
Since August 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Ghana Investment Promotion Centre Act, 2013 (Act 865)
All companies in which there is foreign participation are required to register with the Ghana Investment Promotion Centre (GIPC). However, the process appears to be transparent and requires only a few days.
On the other hand, Section 28 of the Ghana Investment Promotion Centre Act states that, for the sectors open to foreign investment, an entity requires a certain minimum investment capital. In particular:
- For businesses wholly owned by a non-Ghanaian, the minimum relevant investment amount of foreign equity capital of USD 500,000 in either cash or capital goods;
- For a joint enterprise with a partner who is a citizen, the minimum foreign capital investment should be USD 200,000 in cash or capital goods relevant to the investment or a combination of both by way of equity participation. In addition, the partner who is a citizen should not have less than 10% equity participation in the joint enterprise.
On the other hand, Section 28 of the Ghana Investment Promotion Centre Act states that, for the sectors open to foreign investment, an entity requires a certain minimum investment capital. In particular:
- For businesses wholly owned by a non-Ghanaian, the minimum relevant investment amount of foreign equity capital of USD 500,000 in either cash or capital goods;
- For a joint enterprise with a partner who is a citizen, the minimum foreign capital investment should be USD 200,000 in cash or capital goods relevant to the investment or a combination of both by way of equity participation. In addition, the partner who is a citizen should not have less than 10% equity participation in the joint enterprise.
Coverage Horizontal
GHANA
Since August 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Ghana Investment Promotion Centre Act, 2013 (Act 865)
Section (27) of the Ghana Investment Promotion Centre Act lists the enterprises which are reserved for citizens. These include the printing of recharge scratch cards for the use of subscribers of telecommunication services.
Coverage Recharge scratch cards for the use of subscribers of telecommunication services
GHANA
Reported in 2006, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Companies report that locally-funded contracts lack full transparency. Supplier or foreign government- subsidized financing arrangements appear in some cases to be a crucial factor in the award of government procurements. It is also reported that allegations of corruption persist in the tender processes across ministries.
Coverage Horizontal
GHANA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Ghana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
GHANA
Since December 2003, last amended in May 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ghana Public Procurement Act, 2003 (Act 663) as Amended with Act 914
According to Art. 59 of the Ghana Public Procurement Act, certain aspects such as technology transfer, countertrade arrangements, and inclusion of local content may be considered when awarding tenders.
Coverage Horizontal
GHANA
Since December 2003, last amended in May 2016
Since December 2006
Since December 2006
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ghana Public Procurement Act, 2003 (Act 663) as Amended with Act 914
Guidelines for Margins of Preference
Guidelines for Margins of Preference
The Public Procurement Act seeks to increase the competitiveness of domestic businesses by the application of a margin of preference. In accordance with Section 60 (3), the Public Procurement Board is required to issue guidelines for implementing margins of preference for domestic contractors and suppliers of goods, works and services. The Guidelines that apply to current tenders open to international competitive bidding give a margin of price preference of 7.5% to 20% to domestic suppliers of goods and services.
Coverage Horizontal
Sources
- https://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://ppa.gov.gh/wp-content/uploads/2019/01/Margin-of-Preference.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.lexology.com/library/detail.aspx?g=15c4666d-7638-477e-83dc-28a12755fdcf
- Show more...
GHANA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Ghana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods