A decade ago, a painter sold one of his regular pieces to a well-known bank for office decoration. However, the bank also made it their chequebook logo, something they claimed they had a right to since they had bought it. The painter sued them for fraudulent use of his artistic work and ended up going home with a bag of Rwf38 million, among others. This is only one example of cases where intellectual property owners are exploited, except that this one was lucky enough to be aware of his rights. Every April 26- World Intellectual Property day, Rwanda and the world celebrate creativity and the “contribution made by creators and innovators to the development of societies across the globe”. It is also a day to raise awareness on how Intellectual property impacts on daily life. But how far has Rwanda come in regards to intellectual property protection? The New Times’ Glory Iribagiza had an exclusive interview with Richard Kayibanda, the Registrar General at Rwanda Development Board (RDB) who shed light on that. Where are we now with regards to the IP rights application rate? The number of Intellectual Property (IP) applications is growing progressively compared to the applications that have been received before 2009. In 2009, Rwanda embarked on the journey of legal reform in several sectors including Intellectual Property. These changes enabled Rwanda to ratify and domesticate several international treaties that enabled the applicants from foreign countries to secure their IP rights protection in Rwanda and vice versa. As a result, the number of applications increased from year to year since then. For example, we have received 6,778 trademark applications since Rwanda got independence (1962) to 2009, and 1,600 applications in 2021 alone. Among 1600 applications received, 910 are local applications including startups. This number is a result of awareness programmes that helped local applicants and business people understand and appreciate the benefits of IP protection. What is the most IP protection applied for? Unlike the copyright works- like movies, books and other artworks, for which the protection is automatic on creation, the IP protection is acquired by registration. As result, a big number of applications are trademarks, followed by copyright applications, utility models and industrial designs. Available records show a low uptake in IP rights applications. Why is that? Although there is significant progress in terms of IP applications, there is still a journey ahead; mostly for patents and utility models compared to innovations that are created versus to the registered ones. This is because patents and utility model applications require a high level of technicality in terms of patent documents drafting and requirements to fulfil the inventiveness. As a result, it is not easy for startups to have support from experts who can help them to draft patent applications. How protected is intellectual property by the current law? The IP protection primarily gives its holder a competitive advantage in its commercial activities, by preventing unauthorized exploitation by third parties, whether individual or institutional (Government or other entities). This is especially important for SMEs and individuals, whom IP rights provide with powerful weapons to compete with much larger companies and take actions in case of infringement. Also, Article 13 of the Law N° 31/2009 of 26/10/2009 on the Protection of Intellectual Property vested the power to the RDB (IP Division) to settle the disputes arising from Intellectual Property. Any infringement of intellectual property committed wilfully or by gross negligence, by any third person for profit-making purposes and without the owner’s right consent shall constitute an act of forgery. The RDB/IP Division provides an alternative mechanism for settling IP disputes, such as mediation. If parties cannot reach the settlement, any of them can take the matter to the court. Since last year, we have mediated 38 cases on trademarks and four on copyrights. Two of these were taken to court. What solutions are in the pipeline to address already existing challenges? We are increasing awareness activities that enable the general business community and startups to understand and appreciate the benefits of IP protection. We are also strengthening the collaboration among government institutions in terms of IP policy administration and systems that enable creators and innovators to easily access to IP registration system both at the local and international levels. RDB in partnership with WIPO (World Intellectual Property Organization) are working towards introducing the online system for submitting IP applications to facilitate the process of IP registration, and we are also creating an environment that enables young innovators to commercialize their innovations through different projects. Have Rwandans started to benefit from the Marrakesh Treaty? Last year, Rwanda deposited her instrument of accession to the Marrakesh Treaty. This comes to enhance an exception to the copyright that was already provided for in the 2009 intellectual property law. This Treaty provides not only details about the adaption of otherwise copyrighted works for their accessibility to the visually impaired persons; but also enables the importation of such adapted works. Since the ratification of Marrakech treaty, different organizations; public and civil society organizations are working together to raise awareness for the effective use of the treaty. Note that it will be subject to a certain period to become effective.
