RWANDA’S PRACTICAL REMEDIES FOR INFRINGEMENT OF ONE’S INTELLECTUAL PROPERTY (TRADEMARKS, COPYRIGHTS –LITERARY OR ARTISTIC AND OTHER INDUSTRIAL PROPERTY)

10Sep - by Kallagi Arnold - 0 - In Uncategorized

Do you own any IP (trademarks, copyrights –literary or artistic and other industrial property) and it is being infringed in or outside Rwanda, Rwanda’s IP law provides for the following remedies to solve your issue:

IP Registration – Upon registration of your IP, the right to exclude others from use of your IP rights is established. Any party that officially registers his or her IP rights with the IP office in Rwanda, legally excludes any other person to use his or her IP without consent.  Therefore, it is always prudent and safe to have your IP registered because the registration certificate always creates prima facie evidence that your rights are owned and registered under the law;

Arbitration – In Rwanda, the Intellectual Property Organ is empowered to arbitrate all disputes arising from intellectual property. Normally, affected parties are invited by the IP Organ to arbitrate the IP dispute, in case the parties agree, the matter is settled by the parties at the IP Organ and in case the parties fail to reach a settlement, then either party may proceed and institute a suit in the Courts of law. However, in the interest of time and costs related to Court proceedings, a brilliant lawyer for either of the party will always try the very best to settle the matter out of Court;

Civil Proceedings– Any party that owns IP has the right to institute proceedings against any infringer. For example, any interested person may request the competent court to invalidate the registration of a mark;

Assignment ­- The law provides that any IP owner can assign his or her rights to another party in accordance with the law;

License – An IP owner can also license his or her rights to another party in accordance with the law;

Renewal – A party that has successfully registered his or her IP rights has the right to consecutively renewal his or her rights in accordance with the law;

De-registration of IP rights for non-use. Any interested person can apply to the IP Organ or any competent Court to have IP rights deregistered because the owner is not using the given rights.

In conclusion, the best way to avoid infringement of your IP rights, is to have your rights duly registered. We highly advise everyone owning IP rights to have them registered.

Some of the most infringed IP include but not limited to: inventions, innovations or utility models, product or service marks, industrial designs or models, trade names, geographical indications, layout designs of integrated circuits and literary, artistic and scientific works, to performances of performing artists as well as phonograms and wireless broadcasting.)

𝙰𝚞𝚝𝚑𝚘𝚛𝚎𝚍 𝚋𝚢:: 𝗔𝗱𝘃. 𝗞𝗮𝗹𝗹𝗮𝗴𝗶 𝗔𝗿𝗻𝗼𝗹𝗱 / 𝗥𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗺𝗲𝗺𝗯𝗲𝗿 𝗼𝗳 𝗥𝘄𝗮𝗻𝗱𝗮 𝗕𝗮𝗿 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻. 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘇𝗲𝗱 𝘁𝗼 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗲 𝗹𝗮𝘄 𝗶𝗻 𝗥𝘄𝗮𝗻𝗱𝗮

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