RWANDA’S PRACTICAL REMEDIES IN CASE OF INFRINGEMENT OF IP RIGHTS (ππππππππππ, ππππππππππ βππππππππ ππ ππππππππ πππ πππππ ππππππππππ ππππππππ)
Do you own any IP (trademarks, copyrights βliterary or artistic and other industrial property) and it is being infringed in or outside Rwanda, Rwandaβs IP law provides for the following remedies to solve your issue:
- IP Registration β 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 β 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 Β- The law provides that any IP owner can assign his or her rights to another party in accordance with the law.
- License β An IP owner can also license his or her rights to another party in accordance with the law.
- Renewal β 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.