The Rwanda Development Board’s Intellectual Property Division (“RDB’s IP Division”) published the Guidelines for Intellectual Property Registration 2020 (the “Guidelines”).

The Guidelines are intended to fill gaps on procedural aspects of trade mark, patent, utility model, industrial designs and copyright registration.

The RDB’s IP Division has now commenced the implementation of the Guidelines. Nonetheless, where there is a conflict between the Guidelines and the Law on the Protection of Intellectual Property (the IP Law), the IP Law shall prevail.

Some salient clarifications provided under the Guidelines include:

A. General

1. Formalities examination

Upon receipt of an application for intellectual property registration, the office will conduct a formality examination to ensure that the application meets the set criteria.  Where the formal requirements have not been met, the registry will issue a formalities incomplete notice inviting the applicant to file the required corrections within a period of seven (7) days, which dates are indicated on the notice. 

• 2. Extension of time

The Guidelines gives the registrar discretion to allow the extension of time in certain circumstances. The Guidelines do not provide further details on the circumstances to be considered by the registrar.

B.Trade marks

1. Substantive examination

After the application has met the formal requirements, a substantive examination shall follow. At the conclusion of the substantive examination, the registry shall issue wither an objection, a refusal notice or an acceptance notice.

An objection notice is issued where the registry requires the applicant to make corrections to the application. Corrections that may be requested in this regard include:

A refusal notice is issued on either relative or absolute grounds.

The Applicant has a period of thirty (30) days to respond to the objections or refusal.

2. Classification of goods

The Guidelines provides that applicants must use sub-classes in the specifications of goods. Applications containing class headings will thus be issued with an objection.

C. Patents, Utility Models and Industrial Designs

1. Matters excluded from registration

The Guidelines provide some examples of matters that are excluded from patent and utility model registration on ground of being contrary to public order and morality. These include:

1. an invention that is a process for cloning human beings;
2. an invention that is a process for modifying the germ line genetic identity of human beings;
3. an invention that involves the use of human embryos for industrial or commercial purposes;
4. an invention that is a process for modifying the genetic identity of animals that is likely to cause them suffering without any substantial medical benefit to human beings or animals, or an invention that is an animal resulting from such a process.
6. 2. Use of photographs instead of drawings

The Guidelines provide for the use of photographs where it is impossible to present in a drawing what is to be shown. The photographs must be in black and white, directly reproducible and fulfill the applicable requirements for drawings (e.g. paper size, margins, etc.)

3. Multiple applications for industrial designs

An application for the registration of industrial designs may contain more than one design, and may be referred to as ‘multiple applications’. The number of different designs in a multiple application is not limited. However, the fee shall be paid per design.

In a multiple application each design is examined individually. However, one report shall be issued prescribing what designs are acceptable and which cannot be validly registered.

D. Copyright

1. Voluntary registration

The Guidelines provide a mechanism for voluntary registration/deposit of works protected by copyright. This is to facilitate the right holder to get a copyright certificate as a bona fide proof of ownership.

The Guidelines may be accessed here.