Surgimed Ghana Ltd. imports medical equipment which is manufactured under a patent. It subsequently adapts
Transaction B
Surgimed Ghana Ltd. imports medical equipment which is manufactured under a patent. It
subsequently adapts the equipment to fit the market in its jurisdiction and sells the equipment under
its own brand name. Surgimed Ghana Ltd. originally spent GH¢8 million in developing the knowhow required to adapt the equipment and, in addition, it costs around GH¢80,000 to adapt each piece of
equipment. Surgimed Ghana Ltd. has capitalised the cost of the know-how and also the cost of the
adaptation of each piece of equipment sold, as patent rights.
Surgimed Ghana Ltd. is being sued for patent infringement by Biotech Ltd., the owner of the original
patent, on the grounds that Surgimed Ghana Ltd. has not materially changed the original product by
its subsequent adaptation. If Biotech Ltd. is able to prove infringement, the court is likely to order
Surgimed Ghana Ltd. to pay damages and to stop infringing its patent. Surgimed Ghana Ltd. lawyers
feel that the court could conclude that Biotech Ltd. patent claim is not valid.
Biotech Ltd. has sued Surgimed Ghana Ltd. for GH¢6 million for the use of a specific patent and an
additional GH¢2 million for lost profit due to Surgimed Ghana Ltd. being a competitor in the market
for this product. Surgimed Ghana Ltd. has offered GH¢6 million to settle both claims but has not received a response from Biotech Ltd. As a result, Surgimed Ghana Ltd. feels that the damages which
it faces will be between the amount offered by Surgimed Ghana Ltd. and the amount claimed by
Biotech Ltd.
Required
The directors of Surgimed Ghana Ltd. would like you to advise them as to whether they have
correctly accounted for the costs of the adaptation of the equipment.
Do you think the company should make a provision for the potential damages in the above legal
case, in their financial statements for the year ended 31st December, 2020?
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