During the period of suspension of the publication, the institution of legal proceedings based
on a registered industrial design or model shall be subject to the requirement that the
information contained in the register and the file relating to the application have been
forwarded to the person against whom the proceedings have been brought.
Article 101: Invalidation of registration
Any interested person may request the Competent tribunal to invalidate the registration of an
industrial design or model.
The competent tribunal shall cancel the registration if the applicant proves that one of the
requirements of paragraph 5 of article 5 of this Law, articles 89 to 91 of this Law has not been
satisfied, or if the owner of the industrial design or model registration is not the creator or his
rightful claimant.
Any industrial design or model registration shall be considered invalid on the registration
date.
The final decision of the competent tribunal shall be notified to the empowered authority
which shall record it in the register of patents and shall publish a reference thereto as quickly
as possible.
SECTION 5: RIGHTS CONFERRED BY REGISTRATION, DURATION
Article 102: Rights conferred by registration
Registration certificate shall confer on the owner the exclusive right to use an industrial
design or model in the Republic of Rwanda, and use by any person other than the registration
owner shall require the owner’s consent.
For the purposes of this Law, “use” of a registered industrial design or model means the
manufacture, sale or import, for commercial purposes, of items incorporating the design or
model.
Article 103: Civil proceedings against infringement
The owner of the registration of an industrial design or model shall be entitled, in addition to
all other available rights, appeals or actions, to undertake legal proceedings against any person
who forges an industrial design or model by carrying out, without the owner’s consent, any of
the acts referred to in paragraph 2 of article 102 of this Law, or who performs acts which
make it likely that an infringement will occur.
Article 104: Exhaustion of rights of registration patent
The rights stemming from the patent of an industrial design or 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 of an industrial design or model or with his consent, consequently exhausting
the patent owner’s rights of an industrial design or model.