New rules give businesses 60 days to challenge patent applications

Businesses and other interested parties have 60 days to challenge applications for patents, industrial designs and other intellectual property rights after their publication in the Official Gazette, under new regulations published on October 13. The rules, set out in a ministerial order signed by Minister of Trade and Industry Antoine Marie Kajangwe on October 12, establish procedures for challenging applications, resolving industrial property disputes and protecting intellectual property rights. ALSO READ: Experts: Strong intellectual property protection key to Rwanda's Vision 2050 Under the order, objections may be raised against patent, utility model, industrial design and integrated circuit layout design applications on grounds including failure to meet registration requirements or an applicant lacking the right to apply. The competent authority must notify the applicant within seven days of receiving an objection. The applicant then has 30 days to respond. Failure to respond results in the application being considered abandoned and removed from the register. After hearing both parties, the authority must communicate its decision within 30 days of the hearing's conclusion. Either party may appeal within 30 days of notification. ALSO READ: EDITORIAL: Review law on counterfeit and substandard goods The regulations also establish an Appeal Committee of at least seven members drawn from the public sector, private sector and civil society. The committee must decide appeals within 30 days, although extensions are allowed in complex cases or where additional documents are needed. Its decisions are binding unless a party refers the matter to a competent court within 30 days. If no case is filed, the decision must be implemented within seven days after the deadline expires. 20% security for suspected counterfeit goods The order also requires rights holders seeking to stop suspected counterfeit goods through customs or provisional court measures to provide security equivalent to 20 per cent of the goods' value. ALSO READ: 'Plans to wipe out counterfeit goods underway' For goods valued at Rwf10 million, this amounts to Rwf2 million. Security may be provided as a cash deposit into an account specified by customs or as a guarantee from an accredited financial or insurance institution registered in Rwanda. Where a court is asked to maintain a customs suspension, the security already provided remains in force while the case is considered. Rules for agents and emergency patent licences The order sets licensing requirements for industrial property agents, including a bachelor's degree, recognised intellectual property training and at least five years of professional experience in law, science or a technical field. Licences are valid for two years, and the competent authority has 90 days to decide on applications. It also provides for compulsory patent licences in emergencies involving national defence, national security, public health or the environment. Such licences are valid for 12 months and may be renewed where necessary. Intellectual property fees For applicants residing in Rwanda, the listed fees include Rwf40,000 for trademark registration in the first class and Rwf5,000 for each additional class, Rwf30,000 for industrial design registration, Rwf50,000 for geographical indication registration and Rwf5,000 for copyright and related rights registration. The fees are non-refundable. Applicants based abroad generally pay in foreign currency, although payment in Rwandan francs is permitted at the exchange rate set by National Bank of Rwanda on the payment date.

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New rules give businesses 60 days to challenge patent applications