The Rwanda official gazette published on 20th April 2016 introduces some changes to intellectual property law and procedure.
First, the publication saw the promulgation of Law No. 005 of 2016 of 05/04/2016 Governing Seeds and Plant Varieties in Rwanda. This law makes provision for the recognition and protection of seed and plant varieties in Rwanda. It provides for plant variety evaluation, certification and registration, quality seed production, processing and marketing, importation and exportation of seed, and protection of new plant variety and plant breeder’s rights.
Also published in the gazette was Ministerial Order No. 24 of 17/03/2016 determining the fees payable for registration services of intellectual property which has provided for revised and reduced official fees for the registration of intellectual property rights in Rwanda. This considerably reduced the official fees payable to the Rwanda Development Board thus encouraging intellectual property holders to protect their rights at affordable fees.
Further, Ministerial Order No. 25 of 17/03/2016 determining the timeframe provided for grant of unilateral license, compulsory license and opposition to registration of intellectual property was also published. The timeframe for unilateral license is four (4) years while the timeframe for a compulsory license is twelve (12) months renewable whenever considered necessary. Regarding oppositions, the timeframe to submit an opposition against a trademark or geographical indication is sixty (60) days from the date of publication. Opposition for intellectual property registration must contain the identity of applicant; object of opposition; detailed reasons of opposition; material evidence of the grounds for opposition; power of attorney, if necessary; and the date and signature of the applicant. Upon receipt of the opposition, the applicant has fourteen (14) days to submit a written response to the opposition.
Prior to October 2014, the opposition period in Rwanda was thirty (30) days. However, following internal administrative action the period was extended to sixty (60) days and was evidenced by the subsequent industrial property journals which specified the opposition period of sixty (60) days. In addition, the timeframes specified for unilateral and compulsory licenses also retained the same timeframes for grant of unilateral and compulsory licences as previously provided under Ministerial Order no. 05/10 Minicom of 25 August 2010. Therefore these are not entirely new developments in procedure but affirmations of the current practice. On the other hand, prior to the publication of the Ministerial Order there was no period specified under the law regarding the timeline within which an Applicant was required to respond to an opposition. The Ministerial Order therefore provided clarity in this regard. It must also be noted that unlike the practice in other jurisdictions like Kenya, the opposition period and the timeline to respond to an opposition are currently not extendible.
Lastly, Ministerial Order No. 26 of 17/03/2016 determining the form and content of the power of attorney for industrial property was also published in the gazette. The order prescribes the Power of Attorney form to be used and further introduces the requirement that the power of attorney must be notarized. Consequently, a simply signed power of attorney is no longer sufficient to attend to an intellectual property right application before the Rwanda Development Board.
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