GHANA: BREACH OF IPR: TIC TAC AND MELCOM

Tic Tac- Award-winning hip-life musician in Ghana

Melcom- This is a supermarket chain

Tic Tac had signed a 2-year brand ambassadorial contract with Melcom which expired 5 years ago. Despite this, the company continued the use of his image on its billboards. This action by Melcom caused him to lose potential promotional contracts.

Tic Tac sued Melcom for breach of contract demanding GHC500,000 in damages. The case was decided in Tic Tac’s favour and it was decided as follows;

·        It was illegal for the company to continue to use the image of the musician where there was no contract.

·        When you used someone’s intellectual property for your business, you must pay them.

·        The court ordered Melcom to pay Tic Tac, a legal cost of GHC 2,000 and a compensation of GHC 300,000

Respect for Intellectual Property is fundamental, and companies should be cautious to avoid breach to avoid monetary and reputational losses.