IP/NI 1IGHA/U/ I Pao-e 5 b (4) .Any act or practice) in the course of industrial or commercial acti vi­ ties, shall be considered an act of unfair competition if it consists or results in (a) an unfair commercial use of secret test or other data, the origin ofwhich involves considerable effort and which have been sub­ mitted 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 (b) the disclosure of such data) except where (i) it is necessary for the protection of the public; and (ii) steps are taken to ensure that the data are protected against unfair commercial use. Unfair competition in respect of national and international obligations 6. (1) Any act or practice in the course of industry or commercial activity that results in the breach of Ghanaian law or international or regional obliga­ tion to which a person engaged in business or commercial activity in Ghana is subject and in a manner contrary to honest business practices constitutes an act of unfair competition. (2) Breach ofinternational or regional obligations may in particular result from (a) breach of protocols agreements or other obligations entered into under the World Trade Organization, (b) breach of protocols agreements or other obligations entered into pusuant to the Treaty establishing the Economic Community of West African States (ECOWAS) as revised, (c) any act or practice by which a foreign producer of goods or services is granted special advantages in the country of production) including but not limited to direct subsidies and pref­ erential tax "treatment, which results in' significant distor­ tion of competitive strength in Ghana compared to Ghana­ ian producers. General principles 7.. In addition to the acts and practices referred. to in sections 1 to 6 any act or practice in the course of industrial or commercial activities that is contrary to honest practices constitutes an act of unfair competition. Civil remedies 8. (1) A person who is damaged or considers that he is likely to be damaged by an act of unfair competition may bring an action for (a) an order of injunction to prevent the act or further acts of unfair competition; (b) a provisional order to prevent unlawful acts or to preserve relevant evidence; (c) the award of damages as compensation; and (d) any other remedy as the court may consider fit to order. (2). Subsection (1) does not preclude an action being brought.under any other enactment for the enforcement of aperson's intellectual property rights. Regulations 9. The Minister may by legislative instrument make Regulations for the effective implementation of this Act.

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