Geographical indications apply to certain specific products such as sugar, fruit, wine, tea, coffee and textile
products. They may contribute to the reputation of a product, serve as a basis for consumers’ marked preference
and may considerably enhance the export boom.
A geographical indication is protected if a quality, reputation or other characteristic of the products can be
assigned to this geographical origin. Consequently, only producers carrying out their activity in the indicated
geographical region have the right to use the geographical indication for the designated products for commercial
purposes. The procedure for examining applications is similar to that for marks (substantive examination).
Protection of layout designs (topographies) of integrated circuits
The protection of the layout designs of integrated circuits is relatively recent in the field of intellectual property.
The protection of layout designs is designed to encourage the creation of original products, and to promote
technical progress and the electronics industry. The layout design is protected if it is original. The right to
protection belongs to the creator. The application, examination and registration procedures are similar to those
for patents.
In the same way as for patents, the registration of a layout design grants the owner the exclusive right of use for
commercial purposes. Contrary to patents, the so-called practice of “reverse engineering” is permitted.
According to this practice, the use of a novel and original layout design, created on the basis of an evaluation
and analysis of a protected layout design, does not require the consent of the owner of the protected layout
design. The use of a derived or dependent patent, which is not possible without infringing the main patent,
requires the authorisation of the owner of the main patent or, where appropriate, the grant of a compulsory
license. The system of licenses is similar to that for patents.
Miscellaneous and final provisions
The administration of industrial property is entrusted to the Minister of Trade and Industry. The Minister grants
the industrial property titles envisaged by the IP Law. He/she receives the applications and fixes, by decree, the
different filing and processing fees and lays down the other procedures containing measures for implementing
the Law.
The IP Law establishes the first applicant principle. An application must be filed in one of the three official
languages: English, French or Kinyarwanda. In order to simplify the procedures and facilitate communications,
any foreign applicant will be represented by an industrial property agent (representative) approved in Rwanda.
Prior to exercising any discretionary power granted to him/her by this Law, concerning, for example, the
rejection of an application or the grant of non-voluntary licenses, the Minister will provide a person engaged in
proceedings with the opportunity of an interview.
The infringement of an industrial property title (forgery, acts of unfair competition) is sanctioned by the courts.
Where the infringement action relates to a patented process used to obtain a product, the procedure provides for
the principle of the “reversal of the burden of proof” for any identical product manufactured by a third party.
According to this principle, the manufacturer of the identical product will be assumed to be the infringing party
until proven otherwise.
With the enforcement of the IP Law, the industrial property titles granted in accordance with the 1963 laws will
remain in force during the remaining period, provided that the renewal fees envisaged by the IP Law are paid.
The Law implicitly obliges the owner of an industrial property title to use it for industrial or commercial
purposes in a sufficient and rational manner. He has the opportunity to use it himself or to negotiate and grant
operating licenses with commercial conditions guaranteeing equitable remuneration. In very specific cases, the
IP Law authorises the grant of non-voluntary licenses (compulsory and ex officio licenses).
To maintain his patent or other industrial property title in force, the owner should pay regular renewal fees,
otherwise the patent will lapse.
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