Rwanda has recently published comprehensive new IP legislation. On 31 July 2024, Law No. 055/2024 of 20 June 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.
专利
The IP Law covers, 除其他外:
- 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 done 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.
- Regional and international applications.
实用模型
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.
工业设计
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.
LAYOUT-DESIGN OF INTEGRATED CIRCUITS
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.
TRADE MARKS, COLLECTIVE MARKS, CERTIFICATION MARKS AND TRADE NAMES
The IP Law makes provision for, 除其他外:
- 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.
- International registrations.
GEOGRAPHICAL INDICATIONS (GIs)
There is provision for the protection of GIs and the procedure involves examination, publication, opposition and registration. Registration confers exclusivity in Rwanda for a period of 10 years.
COMMON PROVISIONS
This section deals with various general issues including a right of priority and the reinstatement of rights.
UNFAIR COMPETITION
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.
COPYRIGHTS AND RELATED RIGHTS
The works protected by copyright are: literary works; artistic and scientific works; performances; phonograms; wireless broadcasting; computer programmes; and any other ‘intellectual work’.
The requirement for protection is originality (it must not be a copy) and there is provision for registration. When it comes 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.
CONTENT, SCOPE AND DURATION OF RELATED RIGHTS
The legislation covers the rights of performing artists, phonogram producers and broadcasting organisations.
COMMON PROVISIONS TO COPYRIGHT AND RELATED RIGHTS
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.
IP ENFORCEMENT MEASURES, OFFENCES AND SANCTIONS
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.
- Measures that can be taken by the customs authority – so-called ‘border measures’.
OFFENCES AND SANCTIONS
When it comes to infringement of IP rights and the sales of counterfeit products there is provision for criminal convictions with prison terms.
*Official Gazette no. Special of 31/7/2024.
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