(d) Unfair competition The Rwanda IP Law also regulates unfair competition. These laws are particularly important with respect to trademarks and trade secrets as well as in sectors such as music. Under the law, acts causing confusion with respect to and discrediting of another’s enterprise or its activities constitute acts of unfair competition. Equally, damaging and dilution of another’s goodwill or reputation by lessening the distinctive character or advertising value of a trademark, trade name or other business identifier, the appearance of a product or the presentation of products or services or of a celebrity or well-known fictional character are acts of unfair competition. Technical know-how and secret information are also protected against unfair competition. In Rwanda, these rules are particularly helpful considering that most businesses are small and there are a lot of activities in the informal sector. Unlike most of the various IP categories where registration is required and the standards of proof in infringement cases are significant, unfair competition rules offer a simpler mode of protection that can also encompass a range of interactions in the cultural industries. For their effective operation a reliable contract system backed by efficient judicial institutions is critical. (e) Enforcement The enforcement of IPRs is an important part of any IP regime. It is only through appropriate enforcement, for example, that Rwanda can encourage minor and incremental innovation and the development of the creative industries and facilitate investments in innovative and creative activities. Consequently, it must be recognised that enforcement measures, applied reasonably and in a balanced way, have benefits for local inventors, innovators and creative communities that rely on various forms of IP. The enforcement provisions under the Rwanda IP Law provide for civil action against infringement of rights conferred by IPRs, discovery of evidence and right of information, provisional measures and injunction, criminal penalties in certain cases and special border measures. These provisions will have to be implemented in an appropriate and balanced manner to ensure that they equally support the needs of encouraging innovative and creative activities and investment and the needs to facilitate access to technology and essential goods and services. 7.2.3 Flanking policies and legislation The achievement of the IP Policy objectives will also require strategic implementation of flanking policies and legislation. Two particular areas are priority. These include investment policies and government procurement. (a) Investment Policy Rwanda has one of the most open foreign direct investment (FDI) regimes. The laws and regulations do not place restrictions on FDI entry and establishment or any discrimination on incentives and facilities enjoyed by local investors. All foreign investments are allowed without screening or restriction of amount or sector, and foreign investors are granted national treatment for most intents and purposes. Rwanda provides a number of incentives to both local and foreign investors. This is an important avenue that can be used strategically by the government to direct FDI towards innovation and to the creative industries. Such an approach would buttress the specific IP related strategies linked to the objectives of encouraging innovation and creativity, facilitating technology transfer and investments. (b) Government procurement Resources permitting, governments have the option of using numerous monetary tools, subsidies and other fiscal measures to induce some change or stimulate the production, supply and consumptions of certain 19