From the date of the withdrawal of the inclusion of a license as of right, the rights of the
patent owner shall be the same as if no inclusion had been made.
Sub-section 2: Compulsory license
Article 47: Conditions of compulsory license grant
The Minister may, after listing the person who has obtained the license and after
consultation with the empowered authority and after the decision of the Cabinet, grant a
compulsory license:
1° for the absence or insufficient nature of industrial or commercial use of a patented
invention in the Republic of Rwanda. There is insufficiency of use where a patented
invention is not available in sufficient quantities or quality or at predetermined reasonable
prices in Rwanda, either through manufacture in Rwanda or through importation;
2° if the owner of the patent is abusively exercising his exclusive rights or neglecting in
taking measures to prevent his licensee from abusively exercising the licensed exclusive
rights;
3° if the invention claimed in a “subsequent patent” cannot be used in Rwanda without
infringing a “previous patent.
Article 48: Compulsory license for absence or insufficient use
In the case of the absence or insufficient nature of industrial or commercial use of a patented
invention, any natural or legal person who proves that he or she is able to make industrial or
commercial use, in the Republic of Rwanda, of a patented invention, may address a request to
the Minister for a compulsory license, following the expiry of a four-year (4) period from the
filing date of the application, or three (3) years from the date of grant of the patent, the time
limit which expires later being applied.
A compulsory license shall not be granted if pertinent circumstances exist which justify the
absence or insufficient nature of industrial or commercial use of the patented invention.
Article 49: Compulsory license for abusive exercise of exclusive rights
Where there is abusive exercise of exclusive rights on patented invention, the Minister may
grant, after listing the person who has obtained the license and after consultation with the
empowered authority and after the decision of the Cabinet or at the request of any
interested person, a compulsory license.
Article 50: Compulsory license in case of infringing use of previous patent by
subsequent patent
If the invention claimed in a “subsequent patent” cannot be used in Rwanda without
infringing a “previous patent,” the Minister can, after listing the person who has obtained
the license and after consultation with the empowered authority and after the decision of the
Cabinet, at the request of the owner of the subsequent patent, grant him an operating license
for the previous patent. In such a case, the following conditions shall be respected: