Ghana: Protection Against Unfair Competition Act, 2000 (Act 589) entered into force

On 22 December 2000, the Protection Against Unfair Competition Act, 2000 (Act 589) entered into force. The Act defines unfair competition as any act or practice that causes confusion with another enterprise’s products or services, damages goodwill or reputation, misleads the public, discredits another’s enterprise, or involves the unauthorised use of secret information. Specifically, it addresses acts such as misleading advertising, dilution of trademarks or trade names, and breaches of confidentiality, including industrial espionage and unauthorised disclosure of proprietary data. The Act also covers breaches of national or international obligations, such as those under the World Trade Organization (WTO) or the Economic Community of West African States (ECOWAS), which may distort competition. Civil remedies available under the Act include injunctions, provisional orders, damages, and other court-ordered remedies. The Minister responsible for Justice is empowered to make regulations for the Act’s implementation, and key terms such as “business identifier,” “dilution of goodwill,” and “secret information” are clearly defined to ensure precise application.