Article 78: Invalidation of the utility model certificate
Any interested person may request the Competent tribunal to invalidate the utility model
certificate.
The competent tribunal shall invalidate the utility model certificate for the following reasons:
1° the claimed innovation (or utility model) cannot be the subject of a utility model
certificate, taking into consideration articles 56, 57, 58 and 59 of this Law;
2° the description and the novelty of the utility model do not satisfy the requirements of this
Law;
3° the drawings required to understand the innovation (or utility model) have not all been
supplied;
4° the owner of the utility model certificate is not the innovator (or creator of the utility
model) or his rightful claimant.
SECTION 5: RIGHTS CONFERRED BY REGISTRATION; DURATION
Article 79: Rights conferred by registration
The patent of utility model shall confer on the owner the exclusive right to use an invention of
utility model in the Republic of Rwanda. The use of the patented invention of utility model by
any person other than the patent owner of utility model shall require the owner’s consent.
For the purposes of this Law, “use” of a patented invention of utility model shall mean any of
the following acts:
1°
where the patent of utility model has been granted in respect of a product:
a)
b)
2°
making, importing, offering for sale, selling and using the product;
stocking such product for the purposes of offering it for sale, selling it or using it;
where the patent of utility model has been granted in respect of a process:
a)
using the process;
b)
carrying out the acts referred to in paragraph 2(1) above as regards a product
resulting directly from the use of the process;
Article 80: Civil proceedings against utility model infringement
Subject to provisions of articles 81, 82 and 86 to 88 of this Law, the patent owner of utility
model shall be entitled, in addition to other rights, remedies or actions available to him, to
undertake court proceedings against any person who infringes the patent of utility model by
performing, without his agreement, any of the acts referred to in article 78(2) of this Law, or
who performs acts which make it likely that infringement will occur.