owner has refused or omitted to do so, the competent tribunal may issue an injunction to
prevent imminent infringement or an unlawful, as referred to paragraph one of article 5,
paragraph three (3) of article 163, and articles 180 to 185 of this Law, or to preserve relevant
evidence in regard to an alleged infringement.
By ordering conservatory and provisional measures, the competent tribunal may, in addition,
grant damages or any other compensation provided for by Rwandan civil and commercial
legislation.
On a request by a empowered authority or any person, association or interested trade union, in
particular of producers, manufacturers, traders or consumers, the competent tribunal may
grant the same forms of compensation in the case of an act of unfair competition, as referred
to paragraph one of the article 5, paragraph three (3) of article 163, and articles 180 to 185.
Article 265: Application and ordering conservatory and provisional measures in
relation with copyrights and related rights
On a request of the owner of copyrights and related rights or the licensee, the competent
tribunal may order measures to prohibit the committing of infringement of works, or unlawful
act or in violation of any right protected under this Law.
The competent tribunal may, on a request of protected right owner, grant damages and any
other compensation to an alleged infringement provided for by Rwandan civil and
commercial legislation.
Article 257: Requirements for ordering conservatory and provisional measures
Where appropriate, in particular where any delay is likely to cause irreparable harm to the
right owner or where there is a demonstrable risk of evidence being destroyed, the competent
tribunal shall order provisional measures without giving the other party an opportunity of
being heard provided that the applicant has furnished:
1° any reasonably available evidence satisfying the competent tribunal with a sufficient
degree of certainty that the applicant is the right holder and that the applicant’s rights are
being infringed or that such infringement is imminent; and
2° any security or equivalent assurance required by the competent tribunal to protect the
defendant and to prevent abuse.
Where provisional measures have been ordered without having given the other party an
opportunity of being heard, the competent tribunal shall give the two parties affected notice of
the decision, at the latest after the execution of the measures.
Where provisional measures have been ordered under paragraphs one and two (2) of this
article, the defendant may file a request for review with the competent tribunal within fifteen
(15) days from the notification of the decision. In the review proceedings, the competent
tribunal shall give the two parties concerned an opportunity of being heard and shall confirm,
modify or revoke the decision within a period of two (2) working days after the notification of
the request for review.