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Rwanda's New IP Law: What Law n° 055/2024 Changed for Businesses

New IP law in Rwanda: what Law n° 055/2024 changed for businesses

The new IP law in Rwanda, Law n° 055/2024 of 20/06/2024 on the protection of intellectual property, has applied since it was published in the Official Gazette on 31 July 2024, and many businesses are still working from rules that no longer exist. It repealed Law n° 31/2009 and rewrote the rules on patents, copyright, designs and trade marks. This guide explains what changed, why it matters commercially and what founders, investors and in-house teams should do now. For tailored support, see our intellectual property law services in Rwanda.

What Is the New IP Law in Rwanda?

The law's full title is Law n° 055/2024 of 20/06/2024 on the protection of intellectual property. It was published in the Official Gazette n° Special of 31/07/2024 and, under its Article 387, came into force on the day of publication. Article 386 repeals Law n° 31/2009 of 26/10/2009 on the protection of intellectual property, as amended. The official English, French and Kinyarwanda texts are available on WIPO Lex, the World Intellectual Property Organization's legal database.

The law covers the full range of rights in a single statute:

  • Industrial property: patents, utility models, industrial designs, layout-designs of integrated circuits, marks, trade names and geographical indications.
  • Copyright and related rights: literary, artistic and scientific works, computer programs, performances, phonograms and broadcasts.
  • Unfair competition, enforcement and offences: civil remedies, border measures and criminal sanctions.

Registration of industrial property is handled by the Office of the Registrar General at the Rwanda Development Board (RDB). Accepted applications are published in the RDB Industrial Property Journal, which cites Law n° 055/2024 as its legal basis.

Patents: Opposition, Provisional Filings and New Exclusions

The patent chapter contains the most important changes for technology, life-sciences and manufacturing businesses.

Pre-grant opposition

Under Article 29, an interested person may oppose the grant of a patent after obtaining the full contents of the application. The detailed procedure is to be set by an Order of the Minister. Article 30 allows an appeal against an opposition decision to the Commission of Appeal within three months of notification. Once an application is published, the applicant enjoys the same rights as a patent owner until grant. Those rights fall away if the application is successfully opposed.

In practice, competitors can now challenge a weak application before it becomes an enforceable patent, and applicants should expect closer scrutiny of novelty and inventive step.

Provisional applications and procedure

  • Provisional filings: Article 20 lets an applicant ask the competent authority to convert a patent application into a provisional application at any time before a decision is made. This gives more time to complete the specification.
  • Formalities: If an application is incomplete, the applicant is invited to fix it within 14 days of notification. The date the corrected application is received becomes the filing date.
  • Publication: The application is published in the Official Gazette within nine months of the date the requirements are met.
  • Term and fees: Article 41 protects a patent for 20 years from the filing date. Annual fees are paid in advance from the filing date, with a six-month grace period for late payment.

Pharmaceuticals and software

Article 23 lists matters excluded from patent protection. Two exclusions deserve board-level attention:

  • Pharmaceutical products are listed as excluded. An Order of the Minister in charge of health is to determine which pharmaceutical products the exclusion covers. Article 23 also excludes known substances discovered to have a new use, and substances isolated from nature. However, the processes for isolating them, and certain new uses that improve a substance's known efficacy, are not excluded.
  • Computer programs per se, software and their related databases are excluded. However, Article 23(3) keeps certain computer-implemented inventions patentable. These include processes carried out by a computer under the direction of a program, and program code stored on a tangible medium.

Some commentaries describe software as simply "excluded". The text is more nuanced: the claim structure and the technical character of the invention now decide the outcome. For data-driven businesses, this links directly to our work on AI and data centre legal services.

Copyright: Registration Is Optional, but Still Useful

Article 283 confirms that a work is protected when it is original, and that "an original work is protected whether registered or not". Protection starts from creation, even before the work is fixed in a medium. Registration is still available: Article 286 provides for an application on the form prescribed by the competent authority, subject to a fee. Article 287 then records the work in the register of copyrights.

Why register if it is optional? Registration creates a dated record of ownership, which is valuable evidence in disputes, licensing and investor due diligence. Other key copyright rules include:

  • Duration: economic rights last for the author's life plus 50 years (Article 307), while moral rights are unlimited in time (Article 306).
  • Applied art: works of applied art are protected for only 25 years from the making of the work (Article 311). This is relevant for furniture, fashion, packaging and product design.
  • Presumption of ownership: the author is presumed to be the copyright owner, and for an unregistered work it is enough that the author's name appears on it (Article 285).

Designs, Utility Models and Trade Marks

  • Industrial designs are protected for 15 years from filing, subject to maintenance fees (Article 128). Law-firm analysis notes that up to 100 designs may now be included in a single application.
  • Utility models are protected for 10 years from filing, with a fee due after five years (Article 102). This is a cheaper option for incremental innovations, and the law also provides an opposition procedure for them.
  • Marks are protected for 10 years from filing and can be renewed indefinitely in 10-year periods (Article 206). The RDB journal gives 60 days from publication to oppose an accepted mark. For filing steps, see our trademark registration guide for Rwanda.

Fees, Transitional Rules and What Still Needs Checking

Article 383 leaves official fees to an Order of the Minister. Article 384 kept Orders made under the 2009 law in force for six months from publication of the new law, provided they were consistent with it. That window has now closed. Do not rely on old fee schedules or guidelines: confirm current fees and forms with RDB before filing, for example through the RDB eRegulations patent procedure.

Several points depend on implementing Orders, notably the modalities for patent opposition and the list of excluded pharmaceutical products. Their status should be checked case by case.

What Businesses Should Do Now

  • Audit your IP portfolio. List your marks, patents, designs, software and creative assets, and check each against the new rules.
  • Review pharmaceutical and software filings. Reassess pending or planned patent applications against Article 23, and draft claims around technical effect rather than code alone.
  • Watch the journals. Monitor the RDB Industrial Property Journal and Official Gazette for applications you may wish to oppose.
  • Register key copyright works. Registration is optional, but a registered record strengthens your position in disputes and transactions.
  • Secure ownership in contracts. Make sure your employment contracts and commercial contracts assign or license IP clearly, especially for developers, designers and contractors.
  • Plan international protection. The law lets applicants request earlier processing of regional applications through ARIPO and international applications under the Patent Cooperation Treaty.
  • Protect data alongside IP. Databases and software often contain personal data, so align your IP strategy with data protection and cybersecurity compliance.

If you are setting up a new venture, build IP into your structure from day one, alongside company registration in Rwanda. Where infringement occurs, our dispute resolution services cover negotiation, mediation and litigation.

Frequently Asked Questions

What is the current intellectual property law in Rwanda?

The current law is Law n° 055/2024 of 20/06/2024 on the protection of intellectual property. It was published in the Official Gazette and came into force on 31 July 2024. It repealed Law n° 31/2009 of 26/10/2009.

Do I need to register copyright in Rwanda?

No. Under Article 283, an original work is protected whether or not it is registered, from the moment of its creation. Registration remains available and is useful evidence of ownership in disputes and transactions.

Can pharmaceutical products be patented in Rwanda?

Article 23 lists pharmaceutical products among the matters excluded from patent protection. An Order of the Minister in charge of health is to determine which products the exclusion covers. Companies should seek advice before filing and check the current status of that Order.

Can someone oppose a patent application in Rwanda?

Yes. Under Article 29, an interested person may oppose the grant of a patent after obtaining the full contents of the application. A decision on the opposition can be appealed to the Commission of Appeal within three months of notification.

How long does patent protection last in Rwanda?

A patent is protected for 20 years from the filing date of the application. Annual maintenance fees are payable in advance, and the law allows a six-month grace period for late payment.

Conclusion

The new IP law in Rwanda gives businesses stronger tools to protect, challenge and commercialise innovation. It also excludes certain pharmaceutical products from patent protection and refines how software is treated. Companies that review their portfolios, contracts and filing strategies now will be better placed with investors, partners and regulators. To discuss how the law affects your business, explore our intellectual property legal services in Rwanda or book a consultation with WAYAN.

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