In our previous feature, we explored the basic concepts of intellectual property, the different types of intellectual property rights and how to protect these rights. It is important to understand that while it starts with securing protection, it does not end there. Intellectual property rights are among the most valuable assets a business has and they must be effectively managed and safeguarded as any other valuable business assets.

As most innovators, inventors and creators know, there will always be free riders who will want to benefit from a successful, brand, design, original work or invention. IP owners must therefore be proactive and vigilant in maintaining and protecting their intellectual property. Today, we shall look into how to effectively manage and enforce your intellectual property rights.

Some practical steps that can be taken to effectively monitor your IP are; market place surveillance especially among your competitors, searching the IP gazette available on the RDB website as well as the Official Gazette which lists all pending and granted IP applications on a monthly basis and monitoring the internet and social media sites to detect any online infringement.

As an IP rights holder, you would need to understand what constitutes infringement of your intellectual property rights. There are different types of infringement depending on the type of intellectual property right you hold;

For industrial property rights such as patents, utility models, and industrial designs, infringement occurs when there is unauthorized manufacture, sale and use of the protected elements of the innovation.

With trademarks, there are two types of infringement. Counterfeiting/Piracy occurs where one knowingly manufactures, distributes or sells goods marked with a trademark where the marking has been done without the permission of the owner or where the goods have been illegally copied. The other type of infringement occurs when there is use of a mark that is confusingly similar to that of a registered trademark.

Infringement of copyright constitutes of unauthorized reproducing/copying, distributing and selling of copyright protected works. Copyright infringement is most rampant in musical and audiovisual works and this was further amplified with the onset of the digital and internet era which allowed for these works to be unlawfully reproduced and distributed to multiple users with just a click.

Once you become aware of any infringing activity of your intellectual property, as a first step, please alert the infringer immediately, inform them of your intellectual property rights and instruct them to stop their unlawful activity. You do not require a lawyer for this and there is no official form that this notice must take.

If this amicable action fails, you should then immediately use any of these measures to stop continued infringement;

Inform the intellectual property office in RDB of the unauthorized use and request for a mediation. The office has quasi-judicial functions and in this capacity has handled several mediations, some of which have resulted in successful settlement with the infringers ceasing the infringement. For cases where you have become aware (after searching the IP Gazette or the Official Gazette) that an application for the registration of IP has been lodged with the office, which will infringe on yours, you can submit an opposition contesting this registration.

If you become aware of counterfeits of your product on the market, you can immediately inform RDB and the Rwanda National Police and request for investigation and seizure of the counterfeit products. RNP recently led a joint effort to seize counterfeit products ranging from pesticides to alcoholic beverages.

If you become aware that counterfeit or infringing goods are on their way to the country, you can immediately inform the Rwanda Revenue Authority to prevent these goods at the point of entry from entering into circulation in the domestic market.

Finally, you can take the infringers or counterfeiters to court and initiate either a civil case for damages or a criminal case which would result in imprisonment. This is an extremely important enforcement mechanism because the courts can award very high punitive damages which acts as an effective deterrent against future infringers.

Enforcement of Copyright and related rights

Copyright and related rights present a unique case of IP management and enforcement. It is impractical for copyright owners such as musicians, authors and artists to individually manage their IP rights. An artist cannot reach every single radio or television station to negotiate licenses and royalties for the use of their works. On the other hand, it is also not practical for all users to seek permission from every single artist for the use of every copyrighted work.

As a solution to this problem, most copyright owners belong to Collective Management Societies which manage their rights on their behalf. In Rwanda, we have one existing collective management society known as the Rwanda Society of Authors (RSAU).

This organization will have the authority to grant copyright licenses to users such as radios, TV stations, hotels, bars, etc. and collect royalties from these users which it will distribute to the copyright owners. To date, RSAU has about 400 registered members. It is extremely important for those in the creative industries to join this organization and to benefit from its streamlined management and get returns for the use of their original creations.

Role of the public

While IP owners have a primary role in monitoring the use of their rights, IP rights simply cannot exist and thrive without a supportive ecosystem. The Government must play its part in ensuring there is a functioning framework for strong protection and enforcement and build awareness on intellectual property. Importantly too, our society must be built on a fundamental principle of respect for intellectual property rights.

As the general public, we should not knowingly participate in any intellectual property infringement. We should be proactive and report any infringing activity to the authorities involved in IP enforcement. Only through this concerted action, shall we be able to realise our aspiration of a knowledge based economy, driven by innovation.