Industrial Designs Law in Rwanda
Rwanda's industrial design protection is governed by Law No. 055/2024 of 20/06/2024 on the Protection of Intellectual Property, which came into effect on 31 July 2024, repealing the previous Law No. 31/2009. (CFL Advocates)
🖌️ Definition of Industrial Design
An industrial design in Rwanda refers to the ornamental or aesthetic aspect of an article, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character, distinguishing them from existing designs.
✅ Registrability Criteria
To qualify for protection, an industrial design must:
Be new: Not have been disclosed to the public prior to the filing date.
Have individual character: Differ significantly from existing designs, so that the informed user perceives it as a different overall impression.
Not be dictated solely by technical or functional considerations: The design must not be exclusively determined by the technical function of the article.
⏳ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The design can be renewed for two additional periods of 5 years each, allowing for a maximum total protection period of 15 years.
Maintenance Fees: Maintenance fees are payable at the 5th and 10th anniversaries of the filing date.
Grace Period: A 6-month grace period is available for late payment of renewal fees, subject to a surcharge.
📝 Application Process
The process for registering an industrial design in Rwanda includes:
Filing: Submit an application to the Rwanda Development Board (RDB), including:(ENSafrica)
Representations of the design (drawings or photographs).
Description of the design.
Applicant's details (name, address).
Power of Attorney (if filed by a representative).
Examination: The RDB examines the application for compliance with formal requirements.
Publication: If the application meets all requirements, the design is published in the Official Gazette.
Registration: In the absence of opposition, the design is registered, and a certificate is issued.
⚖️ Rights Conferred by Registration
Registration confers on the owner the exclusive right to use the industrial design in Rwanda. Use by any person other than the registration owner requires the owner's consent. "Use" includes the manufacture, sale, or import, for commercial purposes, of items incorporating the design. (Wipolex)
🔄 Assignment and Licensing
Assignment: The owner of a registered industrial design may assign the rights to another party through a written contract.(WIPO)
Licensing: The owner may grant licenses to third parties to use the design.
Recordal: Assignments and licenses must be recorded with the RDB to have effect against third parties.(WIPO)
🛡️ Enforcement and Legal Remedies
The owner of a registered industrial design has the right to take legal action against any person who uses the design without authorization. This includes the right to seek remedies such as injunctions and damages.
🌐 International Protection
Rwanda is a member of the African Regional Intellectual Property Organization (ARIPO) and the World Intellectual Property Organization (WIPO). This allows applicants to seek protection for their industrial designs in multiple countries through regional and international systems.
📌 Practical Considerations
Language: All application documents must be submitted in English or Kinyarwanda.
Representation: Non-residents are required to appoint a local representative to file applications.
Processing Time: The average processing time for design registration is approximately 12 to 18 months, depending on the complexity of the application.
Fees: Fees are payable upon filing and renewal.
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