By Richard Attenkah
Members of the Textile Garment and Leather Employees Union (TGLEU) have expressed disappointment over the decision of the government to donate seized pirated textile products to charity without the express approval of the intellectual property rights (IPR) of the rightful owners.
According to them, it was their understanding that tariffs and trade rules are meant to ensure fair competition in trade, protection of IPR, promotion of industrialisation and creation of jobs in World Trade Organization (WTO) member countries.
Addressing a press conference at Tema last Wednesday, the General Secretary of TGLEU, Mr. Abraham Koomson, hinted: “As a Labour Union, TGLEU is concerned and committed to seeking the wellbeing of public workers, thus, believes in and supports policies of governments aimed at building a strong economy to create jobs and provide job security for the people.”
Opposing the issue, he said: “TGLEU abhors measures of government which subvert industrial growth, ostensibly aimed at fulfilling obligations of state to the vulnerable in society.”
He further said the government was expected to commit itself to the Trade Related Intellectual Property agreement, which seeks to protect IPR, with deterrent sanctions, including the destruction of counterfeit products involving slavish copying of trademarks and designs.
He quoted the WTO Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement Article 46 to buttress his point.
Article 46 of TRIPS indicates: “In order to create an effective deterrent to infringement, the judiciary shall have the authority to regulate the goods that they have found to be violated without compensation of any sort, disposed of outside the channels of commence in such a manner as to avoid any harm caused to the right holder.
“Or, unless this would be contrary to existing constitutional requirements, destroyed,” Mr. Koomson continued.
He also quoted Article 61, saying “members shall provide for procedures and penalties to be applied, at least, in cases of willful trademark counterfeiting or copyright piracy on a commercial scale.”
He disclosed that the highest cost of the illegal imports of local industry employed was close to 30,000 workers in the 1970s, and also loss of revenue to the state as quoted in 2002 government budget statement, amounted to GH¢300,000.
He stated that the total collapse of the local manufacturing industry was imminent, and entreated government to expedite action on interventions to save the situation.