The protection granted under this law shall be independent of the fact that the integrated
circuit incorporating the protected layout- design is or is not itself in an article.
Article 117: Civil proceedings against infringement of rights
The performance of any of the acts qualified as unlawful under article 116 of this Law shall
constitute an infringement of the rights attached to an integrated circuit layout-design.
Notwithstanding the provisions of this Law, the holder of the registration of an integrated
circuit-layout design shall be entitled, in addition to all other rights, remedies or actions,
available to him, to launch judicial proceedings against any person who infringes the
registered layout-design or who performs acts which make it plausible that an infringement
will occur.
Any action covered by paragraph 2 of this article may be undertaken only after an application
for registration of the layout-design has been filed with the empowered authority.
Article 118: limitation to layout-design rights, exhaustion of rights
The rights stemming from the patent of layout-design shall not be extended to the acts
referred to in point 2 of paragraph 1 of article 116 of this Law relating to products of an
integrated circuit of a layout-design which have been put lawfully on the market, in Rwanda,
by the patent owner or with his or her consent, consequently exhausting the patent owner’s
rights.
Without prejudice to the provisions of this article and the article 119 of this Law, the Minister
shall have the authority, on advice of the empowered authority or any interested party, of
declaring the patent rights of a layout- design exhausted, and thus of authorizing others to
import the patented product or a product manufactured directly or indirectly by means of the
patented invention of a layout -design called the product from another territory when:
1° that product is not available in the territory of Rwanda;
2° that product is available in the territory of Rwanda with unreasonably low quality
standards;
3° that product is in a quantity that is not sufficient to meet the local demand;
4° that product is at prices that the Minister deems abusive;
5° it is for any other reason of public interest, including anticompetitive practices.
The decision shall be taken considering the following:
1° the product has been put in the channels of commerce in the territory from which it will be
imported by the owner of the patent of a layout-design or with his consent; and