Where more than one person owns the same patent of utility model, each of those persons
may undertake separate proceedings for infringement of the patent of utility model against
any person using the patented invention of utility model without the agreement of all the
owners.
Article 81: Limitation to utility model rights: exhaustion of rights
The rights stemming from the patent of utility model shall not be extended to the acts relating
to products which have been put lawfully on the market, in Rwanda, by the patent owner or
with his consent, consequently exhausting the patent owner’s rights.
Without prejudice to the provisions of this article and article 82, the Minister, after listing the
person who has obtained the license and after consultation with the empowered authority
and after the decision of the Cabinet, shall have the authority of declaring the patent rights
exhausted, and thus of authorizing others to import the patented product or a product
manufactured directly or indirectly by means of the patented invention of utility model “the
product” from another territory when that product:
1° is not available in the territory of Rwanda;
2° is available in the territory of Rwanda with low quality standards; or
3° in a quantity that is not sufficient to meet the local demand; or
4° at abusive price; or
5° for any other reason of public interest, including anticompetitive practices.
The decision shall be taken in consideration of the following:
a) the product has been put in the channels of commerce in the territory from which it will
be imported by the owner of the patent of utility model or with his consent; and
b) a patent of utility model claiming the product or the process for its manufacture is in
force in the territory from which the product will be imported and is owned by the same
person who owns the patent of utility model in Rwanda or by a person under his control.
If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the
patent rights exhausted, the Minister shall, ex officio, or at the request of the patent owner of
utility model, cancel the authorization.
If the conditions that gave rise to the Minister’s decision to consider the patent of utility
model exhausted cease to exist, the Minister, after listing the person who has obtained the
license and after consultation with the empowered authority and after the decision of the
Cabinet, may, ex officio or at the request of the patent of utility model or trademark owner,
cancel the authorization, provided that the legitimate interests of the importer are taken into
account, including but not exclusively that the importer will retain the right to commercialize
the products that remain on stock.