a) national security,
b) public health,
c) environment protection;
2º a decision of a judicial organ or of an empowered authority has certified that the manner in
which the patent of registration of the layout design owner or his licensee uses the layout
design is anti-competitive.
Article 130: Application and “ex officio compulsory license” grant
The request for the Minister’s authorization shall be accompanied by proof that the owner of
the patent of registration of the layout design has received, from the author of the request, a
contractual license application, by that the author has been unable to obtain the license on
reasonable commercial conditions and within a reasonable period.
The provisions of paragraph one of this article shall not apply where an ex officio compulsory
license is granted for the following reasons:
1° in situations of national emergency or other extremely urgent circumstances;
2° in case of use of the layout-design for public non-commercial purposes;
3° in case of correction of anti-competitive practices.
Where an ex officio compulsory license was granted according to the provisions of paragraph
2 of this article, the owner of the patent of registration of the layout design is notified the
Government’s decision within a period of thirty days (30) from the date on which the decision
was taken.
The use of the layout- design shall be limited to the purposes for which it has been granted
and shall be subject to payment to said owner or his rightful claimant of appropriate
remuneration, taking into account the economic value of the Government’s decision, as
determined in that decision and, where the decision has been taken by a judicial organ or by
an empowered authority, taking into consideration the need to correct anti-competitive
practices.
Subject to the provisions of paragraph 2 of this article , the Government’s decision shall be
taken after the patent of registration of the layout design owner and any interested person have
been heard by the empowered authority , should they wish to be heard.
For the purposes of article 129 of this Law, the main aim of the use of the layout design by
the State department or the third party appointed by the Government shall be supplying the
market of the Republic of Rwanda, unless the license granted aimed at correcting anticompetitive practices.
An ex officio compulsory license for the use of the layout-design is only accepted for public
non-commercial purposes or for the correction of anti-competitive practices