2° the detention, impoundment or destruction of copies of works or phonograms made or
imported or suspected of being made or imported without the authorization of the owner
of any right protected under this Law;
3° the detention, impoundment or destruction of the packaging of copies of those works or
phonograms, the implements, instruments or materials that could be used for the making
of, and the documents, accounts or business papers referring to such copies;
4° disposal of copies, phonograms and their packaging outside the channel of commerce in
such a manner as to avoid harm, or continuation of being harmed to the right owner;
5° disposal of the implements, instruments or materials outside the channel of commerce that
are used to commit or continue to commit acts of infringement, to the right owner.
The detention, impoundment or destruction in accordance with paragraph one of this article
shall not be applicable to copies and their packaging which were acquired by a third party in
good faith.
Article 260: Requirements for ordering corrective measures
Upon order by competent tribunal, the owner of any right protected whose right has been
infringed shall be entitled to payment, by the infringer, of damages for the prejudice suffered.
The right compensation shall be fixed taking into account the importance of the prejudice
suffered by the owner of the right, the importance of the infringer’s profits attributable to the
infringement as well as the payment of expenses caused by the infringement in undertaking
proceedings before administrative authorities and competent tribunals by the owner of the
protected right.
Where the infringer did not know or had no reasonable grounds to know that he was engaged
in infringing activity to protected title provided by this Law, the competent tribunal may limit
damages and compensation for the prejudice suffered to the profits of the infringer
attributable to the infringement.
CHAPTER II: CRIMINAL PROVISIONS
Article 261: Act of forgery
Subject to the provisions of this Law, any industrial or commercial use, in the Republic of
Rwanda, of an invention, utility model, industrial design and model, mark or other distinctive
sign of business, trade name, geographical indication or layout design integrated circuit,
which is the subject of a protection title granted under this Law and made by any person other
than the owner of the title and without his or her consent, shall constitute an act of forgery.
Any infringement of copyrights or related rights protected under this Law, committed
willfully or by gross negligence, by any third person for profit-making purposes and without
owner’s right consent shall constitute an act of forgery.