1° if the invention of a layout-design claimed by “a subsequent patent of registration”
represents significant technical progress and is of considerable economic interest comparing
to the layout-design claimed by a previous patent of registration;
2° if a compulsory license is granted according to the provisions of this article, at the request
of the owner of the previous patent of the layout design registration, the Minister shall
grant, after consultation with the empowered authority, a compulsory reciprocal license
for using the layout design claimed by the subsequent patent of registration;
3° a compulsory license granted on a patent of the registration of the layout design
authorised in relation to the previous patent can be transmitted to a third party only when
it is granted together with a patent of the registration of the layout-design in the
subsequent patent;
4° a compulsory license granted in relation to the subsequent patent of the registration of the
layout design can be transmitted to a third party only when it is granted together with a
previous patent of the registration.
Article 128: Application for a compulsory license and grant thereof
The request for a compulsory license shall be accompanied by proof that the patent of
registration of the layout-design owner has received from the requestor a contractual license
request, but that the requestor has been unable to obtain such a license on reasonable
commercial conditions and within a reasonable period.
The request for a compulsory license shall be subject to payment of the prescribed fee.
The beneficiary of the compulsory license shall undertake to use the layout-design to a
sufficient extent.
The decision to grant the compulsory license shall specify inter alia:
1° the field of application and function of the license;
2° the period within which the beneficiary of the license shall begin to use the layout design;
3° the amount of the appropriate remuneration to be paid to the owner of the patent of
registration of the layout design and the payment conditions.
The decision granting the compulsory license may be subject to appeal in the competent
tribunal.
Article 129: Reasons for an ex officio compulsory license grant
The Government of Rwanda may decide to grant a license of the use of a layout design to a
State department or a third party appointed even without the agreement of the patent of
registration of the layout-design owner for the following reasons:
1º the public interest, in particular: