INTELLECTUAL PROPERTY SYTSTEM AND TRIPS IMPLEMENTATION IN LDCs

RWANDA EXPERIENCE

RUHIMA BLAISEOFFICE OF THE REGISTRAR GENERALRWANDA DEVELOPEMENT BOARD

OverviewO LEGAL FRAMEWORKO INSTITUTIONAL FRAMEWORKO TECHNOLOGY TRANSFERO ENFORCEMENT STAKEHOLDERSO PRIORITY NEEDS

LEGAL FRAMEWORK

Rwanda’s drive to advance its current nationaldevelopment goals highlighted the need tooverhaul the country’s IP system. And set up:- A IP Policy since november 2009 : combineall aspects involved on the economic grown ofthe country, including: IP administration,TRIPS aspects, enforcement mecanisms,technology transfer, foreign direct investment,fulfill the obligations under the internationaltreaties

Con’tA legal environment: - An combined Intellectual Proprerty law n0

31/2009 of 26/10/2009 including ofaspects industrial property , copyright, unfaircompetition, counterfeit and piracyprovisions and TRIPS Provisions

- Differents regulations to implemente thelaw: opposition period, IP Tariff, Appealcommission

Con’tO TREATIESO To fulfill their international obligations, and

comply with the development agenda of WIPO, and regional perpestive, differents treaties was ratified:

O Patent Cooperation Treaty: ratified on 31 May 2011, and enter into force on 31 August 2011

O Hague Agreement: ratified on 31 May 2011, and enter into force on 31 august 2011

Con’tO Madrid Protocol: ratified on 17 May 2013, and

enter into force on 17 August 2013a. Lusaka protocol creating ARIPO (2011)

b. Harare Protocol on the protection of the Patentsand Industrial designs in framework of ARIPO(2011)

c. Banjul Protocol of marks regulations: underprocess

Legal Framework in brief

7Independency

Patents, Trademarks and Industrial Designs Law

1962

1963

1983

Paris Convention

Copyright Law

New IP law

PCT, Hague, lusaka and harare Agreements

2011

2013Madrid Protocol

2009

Berne Convention

WIPO

II. INSTITUTIONAL FRAMEWORK

Organs in charge of IP law and regulations:O Ministry of Trade and Commerce (MINICOM) is in

charge of policy- making, policy implementation andmonitoring of Industrial Property Office.

O Ministry of Culture and Sport focus on policy- making,policy implementation and monitoring of Copyrightand Related Right

O Rwanda Development Board ( RDB) is in charge of IPAdministration (Daily Management).

II.A. Adminstration of IP By ORG.

Responsabilities:▪ granting authentic industrial property titlesprovided by this law;▪ registration of applications for titles ofintellectual property, publishing, calculatingand extending their deadlines and scope andmanaging all related matters;▪ promoting the spirit of creativity andtechnological innovation;

Con’t encouraging the inventive activity and

creation of new technologies and their industrial or commercial use;

to arbitrate all disputes arising from intellectual property.

Etc.. (see article 13 of the IPR Law )

Con’tO Capacity building-Regular training or seminars (around 3 per year) organized locally by the Ministry and the office of the Registrar General on the benefit to protect IP (SME). Co-funded by WIPO and the Ministry;-Regular regional or local training on IP Administration, funded by WIPO or ARIPO

III. TECHNOLOGY TRANSFER

O Even if, the technology transfer is still a issue, a TISC Project was implemented with the support of WIPO in 2012; allowing the availabily of Millions of technologies information.

O A Centre for Innovation and Technology Transfer (CITT) was created by KIST in 2002 with the objective to research, develop and transfer appropriate technologies to the rural and peri-urban areas (World Bank)

IV. ENFORCEMENT STAKEHOLDERS

1. Organs▪ ORG is a part on the enforcement system comprising: R.R.A, NATIONAL POLICE, R.B.S, COURTS(criminal and commercial)▪ ORG proced by Mediation and conciliation to resolve any disputes between the concern parts.

Con’t2. Provisions of the law

▪ Enforcement provisions:•Preventives measures: conservatory and provisional measures (art 255,256,257)•Correctives measures (art 258)

Con’t•Act of forgery (art 261,262,263,264):

industrial property: liable to 50,000 rwf to500,000,000 rwf and 5 years of imprisonment

copyright: 5 years to 10 of imprisonment andliable to 5,000,000 rwf to 10,000,000 rwf•Special border measures: suspension intofree circulation (art 273 and all)

Con’tO Capacity Building-1 regional training organized in 2013 with INTERPOL and National Police, involving the stakeholders (Ministries, Bureau of Standard, Revenue Authority and Customer Borders service) on the problematic of piracy and counterfeit .

V. PRIORITY NEEDS

-Enhance the capacity building programm on IP Adminstration;-Enhance the capacity building and set up a special unit for fight against piracy and counterfeit under the national policy, bureau of standards, revenue authority;-Enhance the public awareness on the benefit of IP Protetion;

Con’tO Identify the traditional knowledge existing in

the country for their future protection;O Identify local and flagship products from

SME to be consider as a model;O -Support the extention of the technology

transfer center in differents universities and training for the better use.

MURAKOZE