TRIPS Agreement in the 1986-1994 Uruguay Round. In 1996, Rwanda acceded to the WTO and has therefore been subject to the TRIPS Agreement ever since. The TRIPS Agreement was introduced to narrow the gaps in the way IPRs are protected around the world, and to bring them under common international rules. It establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members. When there are trade disputes over IPRs, the WTO’s dispute settlement system is a means of resolving them. The Agreement is based on the basic principles of non-discrimination: national treatment (treating one’s own nationals and foreigners equally), and most-favoured-nation treatment (equal treatment for nationals of all trading partners in the WTO). National treatment is also a key principle in other intellectual property agreements outside the WTO. The TRIPS Agreement has an additional important principle: intellectual property protection should contribute to technical innovation and the transfer of technology. Both producers and users should benefit, and economic and social welfare should be enhanced. Rwanda’s IP Policy must comply with the TRIPS Agreement, but should also use its exceptions intelligently. Beyond treaty membership, Rwanda has been a participant in WIPO, and particularly, in the negotiations at Council for TRIPS at the WTO. This has included a leadership role as the coordinating country for LDCs during the negotiations for the extension of the transition period for LDCs to implement the TRIPS Agreement. At the regional level, Rwanda is an observer to the ARIPO and there are plans for the country to become a full member. Also notable at the regional level is Rwanda participation in the European Communities (EC) and the EAC economic partnership agreements (EPAs) where IP issues are being discussed. 2.3 The Rwandan context: IP administration Rwanda has had some form of IP framework since the colonial times. The policy and legal environment has continued to evolve since then, with incremental changes being introduced over time. The lead agency for policy-making and legislative development on IP in Rwanda is MINICOM except with respect to copyright where the lead agency is MINISPOC. Until mid-2008, a few staff at MINICOM were responsible for all IP policy and legislative work, as well as IP administration. At MINISPOC, which deals with copyright matters, there is also limited staff time dedicated to copyright. With the creation of the RDB and its takeover of IP administration, there will be some staff time freed at MINICOM and the MINISPOC to focus on policy-making, policy implementation and monitoring. While there has been some use, the level of use of existing system remains quite low. For example, since independence only 114 patents have been issued. Table 1 below provides the figures with respect to patents, trademarks and industrial designs showing grants to both nationals and foreigners. Table 1: Industrial Property Grants in Rwanda since Independence 3 Nationals Foreigners Total Patents 2 112 114 Trademarks 875 5430 6025 Industrial Designs 14 15 29 IP administration has now been moved to RDB as part of on-going legal and commercial reforms aimed at facilitating business entry and commercial activities. In addition to IP administration, RDB is also responsible for registration and administration of matters related to companies and secured transactions, among others. At the moment, the IP administration system, which all remains manual, is being set up with two new legal officers just recruited. 3 Source: MINICOM 5