Rwanda has enacted a new law on intellectual property, Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property, which came into force on 31st July 2024 (the "New IP Law"), replacing the previous Law n° 31/2009 of 26/10/2009 on the protection of intellectual property as amended by the law n° 50/2018 of 13/08/2018 on the protection of intellectual property (The "Repealed IP Law").
The New IP Law overhauls the country's intellectual property framework, enhances the protection of intellectual property, and aligns Rwanda's IP regime with international standards.
It also introduces several key changes that stakeholders, including businesses, legal practitioners, and creators need to be aware of, which are detailed below:
1. Administration of Intellectual Property
The New IP Law establishes a standalone Intellectual Property Office to consolidate the management of IP rights under a single authority unlike under the regime of the Repealed IP Law where the administration of intellectual property was handled by the Ministry of Trade and Industry (MINICOM), the Ministry in charge of copyrights and cultural matters (MINIYOUTH), and the Office of the Registrar General ("ORG") at the Rwanda Development Board. The management of IP rights under various institutions led to overlapping duties and responsibilities which may hinder the effective administration of intellectual property due to lack of a clear demarcation of each institution's responsibilities.
It is worth noting that the ORG is currently responsible for the daily management of intellectual property rights and related matters, pending the adoption of a specific legal instrument establishing the Intellectual Property Office as contemplated under the New IP Law.
2. Provisional Patent Applications
The New IP Law, under Article 18, introduces the concept of provisional patent applications, allowing inventors to disclose their inventions early and secure a priority date while they refine their inventions. This change provides more flexibility and protection for innovators who may not yet have the resources to complete their patent applications.
The New IP Law also introduces changes to the patent application process under Article 25. Applicants now have the option to amend their patent applications before the Registry confirms their suitability for granting a patent, provided that the amendments do not introduce new matters. This flexibility can be beneficial for applicants who need to refine their inventions or address feedback from the Registry.
For regional and international patent applications, the New IP Law, under Article 66, specifies that the processing will commence after the time limits set by the Patent Cooperation Treaty and the Harare Protocol. However, applicants can request expedited processing by paying a prescribed fee.
3. Protection for Traditional Knowledge and Cultural Expressions
Recognising the importance of traditional knowledge and cultural expressions, the New IP Law has introduced Intellectual Property protection for traditional knowledge as derivative works and collections of works which were not covered by the Repealed IP Law. The Repealed IP Law provided for the protection of discoveries related to plants, genetic resources, traditional knowledge, and folklore through a separate, specialized law. However, this specialized law was never enacted until the entry into force of the New IP Law.
4. Patent Protection for Pharmaceutical Products
While the previous law excluded pharmaceutical products from patent protection to ensure access to affordable medicines, the New IP Law, under article 23(2) permits patent protection for pharmaceuticals, except for those specifically excluded by an order from the Minister in charge of Health. This change is designed to balance public health needs with the goal of encouraging local pharmaceutical manufacturing and innovation.
5. Pre-Grant Opposition for Industrial Property
The New IP Law, under Article 29, now allows for a pre-grant opposition process for patents and other industrial properties, enabling third parties to challenge a patent application before it is granted. This provision is expected to enhance the quality of patents and protect public interests.
6. Enhanced Protection for International Patents and Designs
The New IP Law, under Article 63, integrates provisions to recognize and protect international patents and industrial designs under the Harare Protocol and the Patent Cooperation Treaty (PCT), to which Rwanda is a party. This ensures that patents granted under these international frameworks have the same effect as those granted under Rwandan law.
7. New Provisions for Orphan Works and Audiovisual Performers
The New IP Law introduces mechanisms for the use of orphan works (works whose owners cannot be located) and extends protections to audiovisual performers, ensuring equal treatment for both nationals and non-nationals residing in Rwanda.
While the New IP Law brings about several innovations, it also revises certain aspects of the previous IP regime.
8. Key Improvements to Trademark Registration
One of the notable changes in the New IP Law is the extension of the deadline for applicants to complete missing elements in their trademark applications. Previously, applicants had only seven (07) days to provide the required information. However, under the New IP Law, this period has been extended to fourteen (14) days.
Furthermore, the New IP Law, under Article 188, clarifies the criteria for registering trademarks, focusing on preventing bad faith filings and ensuring that marks are not imitative, confusing, or descriptive. This aims to maintain the integrity of the trademark system and protect consumers from misleading practices.
For international trademark applications, the New IP Law sets a 12-month period for the Registry to notify applicants of provisional refusals. This timeframe provided under article 226 of the New IP Law, provides clarity and certainty for applicants regarding the status of their applications.
In cases where international registrations are cancelled at the request of the Office of Origin, the New IP Law, under Article 233, allows for the transformation of such cancelled registrations into national applications under certain conditions. This provides flexibility and options for rights holders in such circumstances.
An important provision for trademark applicants is the grant of rights upon publication of their application (article 197). This means that applicants can exercise certain rights associated with their trademarks even before they are officially registered, subject to the outcome of any opposition.
9. Transitional Provisions
To facilitate a smooth transition, the New IP Law provides that all orders under the repealed law, including the Ministerial Order n°24 of 17/03/2016 determining fees payable for registration services, will remain in force for up to six (6) months from July 31, 2024, unless they conflict with the new legislation.
10. Implications for Businesses and Creators
The New IP Law is designed to provide stronger protection for creators, innovators, and businesses operating in Rwanda. By aligning with international standards, the New IP Law seeks to foster a more predictable and stable environment for IP protection, which is crucial for attracting foreign investment and encouraging local innovation.
For businesses and individuals seeking to register or protect their intellectual property in Rwanda, it is crucial to understand these changes and how they may impact your IP strategy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.