The empowered authority shall verify the clauses of the contract license, the effect of which is
to prevent by excessive means the export of the goods made by the licensee, and which
authorize the export in return for enormous fees or limit the licensee’s competitive
opportunities on the domestic and foreign market.
For the purposes of the provisions of this article, the empowered authority may refuse to
record a license contract when it decides that the contract concerning the right of the patent
recorded in the register of a layout-design in question contains one or more clauses that are
abusive or anti-competitive or in any manner restrain trade or are likely to have any of those
effects. The empowered authority shall hear the allegations of the parties to the contract, if
one or both so request, and shall take into account evidence that is pertinent provided by
parties to the contract. Any decision to refuse to record the contract may be subject to appeal
to the appeal committee provided by this Law within a period of thirty (30) days.
When the appellant is not satisfied with the appeal committee’s decision, he may appeal to the
competent tribunal within a period of thirty (30) days from the date on which he was notified
the appeal committee’s decision.
For the purposes of the provisions of this article, any limitations imposed on the licensee that
do not derive from the rights conferred by the registration of the licensed right, and that are
not necessary for the safeguard of that right shall be deemed abusive or, in the event that they
have anti-competitive effects, anti-competitive.
Article 125: Reasons for a compulsory license grant
After consultation with the empowered authority, the Minister may grant a compulsory
license as a result of the lack of or insufficient industrial or commercial use, in the Republic
of Rwanda, of a registered layout-design or in order to remedy an abusive practice.
Article 126: Ex officio compulsory license
Where there was a patent of use or insufficient use of the layout-design in the field of industry
or commerce, a person or an association having shown the capacity of use on the territory of
Rwanda, can request an ex officio compulsory license from the Minister after a period of four
(4) years from the date of the application of the registration patent of the layout-design or
after a period of three (3) years from the date where the layout-design was patented, the
subsequent time shall be the one to be taken into account. The Minister shall grant this
authorisation after consultation with the empowered authority.
The ex officio compulsory license is not granted where there are valid reasons explaining the
use or insufficient use of the layout-design.
Article 127: Compulsory licence in case of infringing use of previous layout-design by
subsequent layout design
If the layout-design claimed in a “subsequent patent” cannot be used in Rwanda without
infringing an invention of layout-design claimed in a “patent of registration,” the Minister
can, after consultation with the empowered authority, at the request of the owner of the
subsequent patent, grant him an operating compulsory license for using the layout-design
claimed by the previous patent of registration. In such a case, the following conditions shall
be respected: