Ghana has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the National Communication Authority (NCA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Section 79.3 of the Banks and Specialised Deposit-Taking Institutions Act (Act 930) provides that the accounting records of banks, specialised deposit-taking institutions or financial holding companies shall be kept at the head office in the country for a period of not less than ten years.

Ghana is a party to the Patent Cooperation Treaty (PCT).

Ghana has a copyright regime under the Copyright Act of 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 a single copy of a computer program as a backup, and permitted use of copyright material by a library, among others.

It is reported that IP enforcement in the Ghana is weak, with unreasonable delays in infringement proceedings discouraging rights holders from pursuing claims in local courts.

Ghana has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Ghana has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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 to 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 utilise 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.

It is reported that there is an obligation for passive infrastructure sharing in Ghana to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

Ghana reportedly imposes restrictions on foreign participation in the acquisition of 800 MHz spectrum licences for mobile telecommunications services, requiring engagement through a joint venture or consortium with a minimum of 25% Ghanaian ownership. In contrast, between 2016 and 2018, the minimum requirement for indigenous Ghanaian ownership was reported to be 35%.

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.

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.

Companies report that locally-funded contracts lack full transparency. Supplier or foreign government- subsidised 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.

Ghana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.