Rwanda modernises IP legislation with wide-ranging law

Rwanda has recently published comprehensive new intellectual property (IP) legislation. On July 31 2024, Law No. 055/2024 of June 20 2024 on the Protection of Intellectual Property (the IP Law) came into effect. The IP Law significantly modernises and expands IP legislation in Rwanda. Below are some of the more important aspects of the IP Law.

The IP Law covers, inter alia:

• The requirements for registration – novelty, inventive step, and industrial applicability;

• Examination, publication, opposition, and appeals against refusals;

• Invalidation based on the fact that the invention is not new, does not involve an inventive step, and is not industrially applicable;

• The rights of the patentee – the exclusive right of use of the patented invention in Rwanda; making, importing, offering for sale, selling, and using the product; and stocking the product for the purposes of sale;

• Limitations on patent rights – these include acts relating to the invention carried out for scientific or technical research, and acts carried out privately and on a non-commercial scale;

• Duration of registration – 20 years;

• Compulsory licences – potentially available if the patent is not commercially used in Rwanda, or if it is insufficiently used; and

• Regional and international applications.

The IP Law grants protection to inventions that are new and industrially applicable, and for the conversion of a patent application into a utility model application. There is provision for both opposition and invalidation proceedings.

Designs can be registered if they are new – there is provision for examination, opposition, and invalidation. The registration term is 15 years, with maintenance fees payable after five and 10 years. The registrant enjoys the exclusive right of making or selling products incorporating the registered design.

The requirements for registration are originality and an absence of previous commercial exploitation anywhere in the world. There is provision for examination, publication, opposition, and invalidation. The registrant enjoys the exclusive right of exploitation in Rwanda for a period of 10 years. There are compulsory licensing provisions.

The IP Law makes provision for, inter alia:

• The registration of marks other than words, such as designs, packaging, product forms, shapes, and colours;

• Examination as to substance (distinctiveness is a requirement), publication, and opposition;

• Invalidation on grounds such as lack of distinctiveness and consumer confusion;

• A non-use term of three years;

• Collective marks; and

• International registrations.

There is provision for the protection of geographical indications and the procedure involves examination, publication, opposition, and registration. Registration confers exclusivity in Rwanda for a period of 10 years.

This section deals with various general issues, including a right of priority and the reinstatement of rights.

Claims of unfair competition are dealt with by way of civil proceedings. Examples of actions that might constitute unfair competition include:

• Causing consumer confusion;

• Discrediting another’s business;

• Misleading the public;

• Damaging another’s goodwill; and

• Unauthorised use of technical know-how.

The works protected by copyright are:

• Literary works;

• Artistic and scientific works;

• Performances;

• Phonograms;

• Wireless broadcasting;

• Computer programs; and

• Any other ‘intellectual work’.

The requirement for protection is originality (it must not be a copy) and there is provision for registration. With regard to ownership of copyright, there is provision for works of joint authorship, collective works, and works created as part of employment or under commission. The duration of copyright is the life of the author plus 50 years.

A number of copyright exceptions are listed and these include:

• Private reproduction;

• Temporary reproduction;

• Quotation;

• Reproduction by libraries;

• Use for judicial purposes;

• Importation for personal use; and

• Reproduction for blind and disabled people.

The legislation covers the rights of performing artists, phonogram producers, and broadcasting organisations.

There are provisions covering:

• The collection and distribution of licence remuneration;

• Prohibitions regarding technical measures for protecting works;

• Effective technical measures for protecting works; and

• Prohibitions related to copyright management information.

There are provisions dealing with:

• IP rights enforcement measures – provisional measures, corrective measures, damages, and orders requiring the infringer to identify people involved in the infringement; and

• Measures that can be taken by the customs authority – so-called border measures.

With regard to infringement of IP rights and the sale of counterfeit products, there is provision for criminal convictions with prison terms.