Rwanda

Rwanda is a landlocked independent Republic in Central Africa. It is bordered by Uganda to the north, Burundi to the south, Democratic Republic of Congo to the west and Tanzania to the east.

See: Rwana joins ARIPO

General information

• Capital: Kigali
• Population: 8.15 million
• Area: 26 338 km2
• Languages: French, Kinyarwanda – official languages. English, Swahili
• Exports: Coffee; tea; tin ore; hides
• Imports: Foodstuffs; machinery and equipment; steel; petroleum products; construction material
• Currency: Rwandan Franc

Trademarks

Law:

Law No. 31/2009 of 26 October 2009 on the Protection of Intellectual Property, effective from 14 December 2009

International Conventions:

WIPO, WTO, Paris Union, Berne Union.

Requirements for Application:

(a) Power of attorney (in French), simply signed.
(b) Twenty prints of the trade mark - word and device marks.

Classification:

The International Classification of Goods and Services is applied (Nice Classification). A single application may cover more than one class.

Procedure:

Applications are examined as to formal and substantive requirements. If the Registrar is satisfied that the application complies with the requirements, he will accept the application and advertise it for opposition purposes in the Trade Marks Journal.

Opposition:

Opposition may be lodged within a time period to be stipulated by the Minister by decree (period as yet unknown).

Use:

A registered trade mark may be cancelled if it has not been used for a continuous period of 3 years up to 1 month preceding the date of the request for cancellation.

Duration and Renewal:

A trade mark registration is effective for a period of 10 years from the date of filing, renewable for like periods.Trade mark applications filed or registered before 14 December 2009 will be regarded as validly registered until 14 December 2019, and renewable for like periods thereafter.

Licensing/Registered Users:

Licensing is recognised and the recordal of the licence agreement is required in order to be effective against third parties.

Assignments:

Assignments are possible and must be made with goodwill of the business

Recordal of an assignment is necessary to be effective against third parties.

Requirements:

(a) Deed of assignment in French or accompanied by a verified translation;
(b) Power of attorney from the assignee.

Marking of Goods:

Notice of registration by use of the legend ‘Marque Déposée’ optional.

Follow the importer’s instructions or specific contract specifications.

Patents

General:

Patent protection is obtainable via a national filing. Rwanda is a member of the International Convention and WTO, but is not a member of PCT.
RWANDA ACCEEDS TO THE PATENT CO-OPERATION TREATY
The Government of Rwanda deposited its instrument of accession to the PCT on 31 May 2011, becoming the 144th PCT contracting state. The PCT will become effective on 31 August 2011 and any PCT applications filed after that date will automatically include the designation of Rwanda. Rwanda recently introduced a new IP Act but this does not cater for its accession to PCT. Accordingly, the Act will have to be amended to cater for PCT national phase filings in due course.
For further information on patent filing in Rwanda or any other African countries please contact nickyg@adamsadams.co.za
RWANDA ACCEEDS TO THE HAGUE AGREEMENT
On 31 May 2011, Rwanda deposited its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. The Hague Agreement will become effective on 31 August 2011 and after that date, it will be possible to designate Rwanda in an international application for the registration of an Industrial Design. For further information on design matters in Rwanda or any other African countries please contact nickyg@adamsadams.co.za

Patentable Subject Matter:

An invention must be reducible to practice as an article of industry or trade and must be capable of being used in industry or trade.

Filing Requirements:

Some documents require notarisation but no legalization is required.

Novelty:

An invention is new if the invention has not been publicly used in Rwanda or published anywhere before the filing date. A grace period of twelve months prior to the date of filing of the application in Rwanda, or the priority date of the application is provided where the disclosure is a result of direct or indirect acts carried out by the applicant or his legal predecessor, or of an abuse perpetrated by a third party.

Examination:

The application is subjected to formal Examination only.

Duration/Maintenance:

Patents are granted for a term of twenty years, counting from the date of filing.

Working:

The invention must be worked in Rwanda within four years from the date of filing or three years from the date of grant.