SECTION 5: RIGHTS CONFERRED BY REGISTRATION, DURATION
Article 150: Rights conferred
A registered mark shall confer on the owner the exclusive right of use and use of the
registered mark, for all products or services for which it is registered, by any person other
than the registration owner shall require the owner’s consent.
Article 151: Civil proceedings against rights infringement
The owner of the registration of a mark shall be entitled, in addition to all other available
rights, appeals or actions, to undertake judicial proceedings against any person who forges the
mark by using it, without the owner’s consent, in the above manner or who performs acts
which make it likely that infringement will occur. The right shall extend to the use of a sign
similar to the registered mark and to use in relation to products and services similar to those
for which the mark is registered, when this may lead to confusion in the minds of the public.
Article 152: Limitations and exhaustion of rights
The rights conferred by the registration of a mark shall not be extended to the acts relating to
products or services put lawfully on market, in Rwanda, by the registration owner or with his
consent.
Without prejudice to the provisions of this article and article 153 of this Law, the Minister
shall have the authority, on advise of the empowered authority or at the request of any
interested party, of declaring the patent rights of the mark exhausted, and thus of authorizing
others to import the patented product provided with a mark or a product manufactured directly
or indirectly by means of the patented registration (“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; or
3° that product is in a quantity that is not sufficient to meet the local demand; or
4° that product is at a price that the Minister deems abusive;
5° for any other reason of public interest, including anticompetitive practices.
In the decision taking the following must be taken into consideration:
1° the product has been put in the channels of commerce in the territory from which it will be
imported by the patented mark owner or with his consent;
2° a patent of the mark claiming the product or the process for its manufacture is in force in
the territory from which the product will be imported and is owned by the same person
who owns the patent of the mark in Rwanda or by a person under his control.