The defendant`s defense was quite simple. It admitted to importing and selling the product in Ghana. However, it denied that its commercial activity was contrary to the law and constituted an interference with the applicant`s law as the sole accredited representative of the manufacturer, since it had purchased its product from a German undertaking and not from the manufacturers of the product with which it had concluded a contract. In fact, it was argued that the exclusive agency agreement between the applicant and the producers of the product did not prevent the defendant from importing and distributing the alcoholic beverage in Ghana. The defendant also pointed out that it had obtained the necessary licences for the import and sale of the product from the Food and Drugs Authority. It also denied that its actions constituted an infringement of the applicant`s right to be the proprietor of the trade mark on the product. Discusses the distribution network of how products arrive at their final destination, including the reliability of distribution systems, distribution centers, ports, etc. All foreign companies must register with the Ghana Investment Promotion Center (GIPC), the government agency responsible for foreign investment in the country. See the main link to GIPC below: www.gipcghana.com Simply put, a manufacturer`s right to control the distribution of its branded product does not extend beyond the first sale of the product. [4] This principle applies whether the product is marketed on the domestic market or on the international market. At least that is the Ghanaian position. In the present case, the applicant claimed to be the only authorised representative in Ghana for the import, sale and distribution of the alcoholic beverage `Jagermeister` (hereinafter referred to as the product). The applicant argued that the manufacturers of this product had registered the trademark of the product in Ghana.
The claimant also stated that it had been appointed by a power of attorney to represent the interests of the producer in Ghana. She also claimed that a significant amount of money had been spent to promote and promote the product in the country. Finally, the plaintiff argued that the defendant had imported, distributed and sold the product without his consent, acts equivalent to unfair competition contrary to the Protection of Unfair Competition Act 2000 (Act 589). The applicant therefore brought an action to that effect and for a new order prohibiting the defendant from importing, distributing and selling the product in Ghana without return. Distribution channels available to U.S. suppliers of goods and services include wholesalers, retail stores, and agents or distributors. The first-sale rule ensures that the brand owner only receives a fee for selling each product. [5] Once the trademark owner has received full value of the product, it is not necessary to reserve the exclusive right to distribute the product, and such sale and distribution does not constitute a violation of the rights of the trademark owner. It follows from that judgment that the importation and sale in Ghana of a product for which an exclusive agency contract has been granted to another natural or legal person is unlawful.
And that the consent of the representative alone would be required to continue negotiating with the product. In addition, the importation and sale of the judgment article constitutes an infringement of the intellectual property rights of the trademark owner on the product. 6.15 The Customer shall indemnify hilti & Hilti Authorised Partner against all claims against Hilti & Hilti Approved Partners that may arise from such an agreement in clause 6.14. Direct marketing is not an established business model in Ghana. There are a very limited number of international direct marketing companies with an established presence. However, a recent increase in the interest of international direct marketing companies may indicate a future increase in this business method. Ghanaian culture values extensive networks of business, family and school contacts, a factor that could lead to the success of products sold through a direct marketing sales channel. In the American case of Sebastian International v. Long Drug Stores Corp,[6] it was concluded that under the first-sale doctrine, trademark infringement occurs if the defendant resells an authentic product bearing the trademark. It was also found that the right of a manufacturer or manufacturer to control the distribution of its branded product does not extend beyond the first sale of the product.
The resale of the original item under the manufacturer`s trademark by the original purchaser does not constitute counterfeiting or unfair competition. More detailed information on starting a business can be found on the GIPC website at the following link: www.gipcghana.com/invest-in-ghana/doing-business-in-ghana.html. www.export.gov/ghana/servicesforu.s.companies/index.asp According to the Ghana Companies Code, the following forms of business are permitted: U.S. companies interested in trade promotion services should contact the U.S. Trade Service in Ghana or the nearest U.S. Export Assistance Center (USEAC). To find the contact details of the nearest USEAC, visit the following link: export.gov/usoffices/index.asp 15.2 In case of termination of the contract by the partner approved by Hilti, the latter is entitled to pay for all goods that have been delivered to the customer and remain unpaid until the due date. “The defendant simply profited from the plaintiff`s hard work and investment and violated its sole representation as importer and distributor of the product by illegally invading its territory. It is clear from the evidence that the defendant`s conduct was prejudicial only to the goodwill that the plaintiff could have enjoyed if he had advertised the product in Ghana at a huge cost.
And despite the plaintiff`s protests and warnings, the defendant continued to flood the market with the product in which the plaintiff has the exclusive right of distribution. [3] Ghana`s major cities for U.S. goods and services are roughly correlated with population: 5.4 Hilti and its Hilti-approved partner reserve the right, in their sole discretion, to offer alternative products of the same quality and quantity at prices ordered by the customer if such products are replaced, replaced or ceased to be manufactured. .