Any broadcasting organization or communication company by means of radio electrical
waves which communicate a protected work, without previous authorization of right’s owner
or his or her rightful claimants, shall be liable of a maximum fine of five hundred thousand
(500,000) Rwandan francs to one million (1,000,000) Rwandan francs.
All fraudulent use, on a literary, artistic or scientific work, of the name of the author or of his
distinctive sign so as to identify his own work shall be liable of the same penalties as
fraudulent producer of phonograms.
Any third person who knowingly sells, offers on sale, is making rent, detains or introduces on
the territory of the Republic of Rwanda the works protected under this Law shall be liable of
penalties referred to in paragraph one of this article.
Any person who grants authorizations at the name of performers without being duly
accredited or any person who knowingly acts under false authorization shall be liable of a
maximum term of imprisonment of six (6) months to one year and a maximum fine of two
hundred thousand (200,000) Rwandan francs to one million (1,000,000) Rwandan francs or
one or both of penalties.
In addition to criminal penalties, the competent tribunal may also order the seizure,
confiscation and destruction of the incriminating items and of all materials or instruments
used mainly for the crime to be committed.
CHAPITER III: OTHER PROVISIONS RELATED TO THE ENFORCEMENT OF
RIGHTS
Article 265: Information to the rights’ owner
The competent tribunal shall order the infringer to inform the rights owner of the identity of
third persons involved in the production and distribution of the infringing goods or rendering
of services and of their channels of distribution.
Article 266: Indemnification of a wrongfully enjoined defendant
The competent tribunal shall order an applicant whose request measures were taken and who
has abused enforcement procedures to provide to a defendant wrongfully enjoined or
restrained adequate compensation for the injury suffered by virtue of such abuse. Where this
is considered adequate in view of the seriousness of the abuse, the competent tribunal shall
also order the person having abused enforcement procedures to pay the other party expenses
including appropriate counsel's fees.
Article 267: Pertinent evidences
The competent tribunal may, where a party has presented reasonably available evidences
sufficient to support the claims and has specified evidences relevant to substantiation of the
claims which lies in the control of the opposing party, order that these evidences be produced
by the opposing party, subject, in appropriate cases, to conditions which ensure the protection
of confidential information.