RWANDA EXPERIENCE RUHIMA BLAISE OFFICE OF THE REGISTRAR GENERAL RWANDA DEVELOPEMENT BOARD

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Silas Eaton
6 years ago
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1 INTELLECTUAL PROPERTY SYTSTEM AND TRIPS IMPLEMENTATION IN LDCs RWANDA EXPERIENCE RUHIMA BLAISE OFFICE OF THE REGISTRAR GENERAL RWANDA DEVELOPEMENT BOARD

2 Overview O LEGAL FRAMEWORK O INSTITUTIONAL FRAMEWORK O TECHNOLOGY TRANSFER O ENFORCEMENT STAKEHOLDERS O PRIORITY NEEDS

3 LEGAL FRAMEWORK Rwanda s drive to advance its current national development goals highlighted the need to overhaul the country s IP system. And set up: - A IP Policy since november 2009 : combine all aspects involved on the economic grown of the country, including: IP administration, TRIPS aspects, enforcement mecanisms, technology transfer, foreign direct investment, fulfill the obligations under the international treaties

4 Con t A legal environment: - An combined Intellectual Proprerty law n0 31/2009 of 26/10/2009 including of aspects industrial property, copyright, unfair competition, counterfeit and piracy provisions and TRIPS Provisions - Differents regulations to implemente the law: opposition period, IP Tariff, Appeal commission

5 Con t O TREATIES O 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

6 Con t O Madrid Protocol: ratified on 17 May 2013, and enter into force on 17 August 2013 a. Lusaka protocol creating ARIPO (2011) b. Harare Protocol on the protection of the Patents and Industrial designs in framework of ARIPO (2011) c. Banjul Protocol of marks regulations: under process

7 Legal Framework in brief 2013 Madrid Protocol New IP law PCT, Hague, lusaka and harare Agreements 1983 Copyright Law WIPO Paris Convention Berne Convention 1963 Patents, Trademarks and Industrial Designs Law 1962 Independency 7

8 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 and monitoring of Industrial Property Office. O Ministry of Culture and Sport focus on policy- making, policy implementation and monitoring of Copyright and Related Right O Rwanda Development Board ( RDB) is in charge of IP Administration (Daily Management).

9 II.A. Adminstration of IP By ORG. Responsabilities: granting authentic industrial property titles provided by this law; registration of applications for titles of intellectual property, publishing, calculating and extending their deadlines and scope and managing all related matters; promoting the spirit of creativity and technological innovation;

10 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 )

11 Con t O 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

12 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)

13 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.

14 Con t 2. Provisions of the law Enforcement provisions: Preventives measures: conservatory and provisional measures (art 255,256,257) Correctives measures (art 258)

15 Con t Act of forgery (art 261,262,263,264): industrial property: liable to 50,000 rwf to 500,000,000 rwf and 5 years of imprisonment copyright: 5yearsto10ofimprisonmentand liable to 5,000,000 rwf to 10,000,000 rwf Special border measures: suspension into free circulation (art 273 and all)

16 Con t O 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.

17 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;

18 Con t O 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.

19 MURAKOZE

WORLD TRADE ORGANIZATION

WORLD TRADE ORGANIZATION Council for Trade-Related Aspects of Intellectual Property Rights IP/C/W/548/Add.1 21 October 2010 (10-5479) Original: English PRIORITY NEEDS FOR TECHNICAL AND COOPERATION Communication