Rwanda - New IP law in force

A new Law on the Protection of Intellectual Property (“the new IP Law”) was published on 31st July 2024 and came into force on the same day.  This Law repeals the previous Law No. 31/2009 of 26th October 2009.

 
Inter alia, the new IP Law (Law No. 055/2024 of 20/06/2024) introduces the following changes:

TRADE MARKS

Formality Examination

The new IP Law introduces the provision for the Registry to issue a formalities examination report, where relevant, inviting the applicant to complete any formalities requirements within 14  days from the date of notification.  If the applicant files the missing elements within this period, the date of receipt of those elements is considered as the filing date. Conversely, should the applicant fail to submit the missing elements, the application is deemed as withdrawn.  Under the previous Law, applicants were given just 7 days to submit any incomplete information.

Requirements for registering trade marks

The new IP Law includes several important requirements for registering trade marks, and offers clarification aimed at ensuring that distinctive marks are registered.  These provisions include the stipulation that a trade mark cannot be registered if the application was made in bad faith or is an act of unfair competition; and that imitative, confusing or descriptive marks cannot be registered.

International trade mark applications and registrations

The new Law provides that the Registry is mandated to notify the trade mark applicant of a provisional refusal through the International Bureau within 12 months.  If the Registry fails to do so, the trade mark application is deemed to be accepted.  In addition, the Law includes provisions for the transformation of a cancelled international application to a national application (with certain provisos). 

Effect of trade mark rights after the publication period

The new Law states that, after an application is published and until the registration of the mark, the applicant is granted the same rights and privileges as if the mark were already registered, unless the application is withdrawn following a successful opposition.

PATENTS

Amendment of patent applications

The new Law provides for the amendment of patent applications at any time before allowance or refusal of the application, as long as the amendments do not introduce subject matter which extends the scope beyond that disclosed in the initial application.

Conversion of patent application into provisional application

Under the new Law, an applicant may, at any time prior to the examination of a patent application, request the Registry to convert the application into a provisional application, so as to give the applicant more time to finalise the specification and to include full details of the invention.
 

Processing of regional and international patent applications

Under the new IP Law, applicants may request the Registry to process their regional (ARIPO) or international (PCT) patent applications earlier than the normal time limits provided under the Harare Protocol and PCT.

  
TRANSITIONAL PROVISIONS

The new IP Law stipulates that Orders provided under the repealed Law shall remain in force for up to 6 months from 31st July 2024, provided that they are not inconsistent with the new IP Law.  These include the Ministerial Order No. 24 of 17/03/2016 Determining Fees Payable for Registration Services of Intellectual Property and the Guidelines for Intellectual Property Registration.

For further assistance or information on any of the provisions of the new Law, please do not hesitate to contact us.