WORLD TRADE  
ORGANIZATION  IP/C/W/548 
7 June 2010 
 (10-3111) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
PRIORITY NEEDS FOR TECHNICAL AND FINANCIAL COOPERATION 
 
Communication from Rwanda  
 
 
 According to paragraph 2 of the Decision of 29 November 2005 on the Extension of the 
Transition Period under Article 66.1 for Least Devel oped Country Members, "all the least developed 
country Members will provide to the Council for TR IPS, preferably by 1 January 2008, as much 
information as possible on their individual priority needs for technical and financial cooperation in 
order to assist them taking steps necessa ry to implement the TRIPS Agreement". 
  The present document reproduces the inform ation which has been received from the 
delegation of Rwanda by means of  a communication dated 28 May 2010. 
 
_______________ 
 
 
I. INTRODUCTION 
1. The TRIPS Council Decision of 29 November 2005 extended the transition period for Least 
Developed Countries (LDCs) to implement the Agre ement on Trade-Related Aspects of Intellectual 
Property Rights (TRIPS Agreement) until 1 July 2013.  At the same time, LDCs are not obliged, with 
respect to pharmaceutical products, to implement or apply Sections 5 and 7 of Part II of the TRIPS 
Agreement or to enforce rights provided for under these Sections until 1 January 2016. In both cases, 
LDCs have reserved the right to seek furt her extensions of these transition periods. 
 
2. Paragraph 2 of the 29 November Decision h as requested LDC Members, including Rwanda, 
to provide as much information as possible to the Council, preferably by 1 January 2008, on their 
individual priority needs for technical and financial co-operation in order to assist them in taking steps 
necessary for implementing the Agreement.  
3. Rwanda has decided to respond to this request.  In making our decision, we were encouraged 
by the submissions of Sierra Leone1 and Uganda2 - and more recently Bangladesh, which not only 
responded substantively to the Council for TRIPS' re quest but have been able to develop concrete 
projects to address the identified needs. 
4. In recent years, Rwanda has taken important st eps to rebuild its infrastructure and modernize 
its economy with a view towards expanding trade and i nvestment relations with the rest of the world.  
Rwanda's aim, under Vision 2020, to transform its economy into a middle income economy by 2020 
                                                      
1 See WTO documents IP/C/W/499 and IP/C/W/523. 
2 See WTO documents IP/C/W/500 and IP/C/W/510. IP/C/W/548 
Page 2  
 
  will require significant transformations and large investments in science and technology, innovation 
and entrepreneurship. 
5. In this context, the area of intellectual propert y (IP) has witnessed important developments in 
Rwanda.  A new IP code was enacted in November  2009.  Subsequently, the government of Rwanda 
adopted, on 24
th March 2010, the Rwanda Intellectual Property Policy  with the following mission:  
"To ensure  that national IP laws, institutional practi ces and strategies in public research institutions 
and industry are developed and implemented in a manner that contributes to building Rwanda's 
technological base and cultural industries and that  advancements in science and technology benefit 
society."  
6. Rwanda's IP Policy is based on the premise th at "intellectual property protection should 
contribute to technical innovation and the transfer of  technology" and that "both producers and users 
should benefit, and economic and soci al welfare should be enhanced".  In this regard, it is emphasized 
that:  "Rwanda's IP Policy must comply with the TRIPS Agreement, but should also use its exceptions 
intelligently".  
7. Thus, in advancing the TRIPS Agreement impl ementation process, an underlying assumption 
for Rwanda, as acknowledged in the TRIPS Agreement Preamble, the need for maxi mum flexibility in 
the domestic implementation of laws and regulations in order to enable [LDCs] to create a sound and 
viable technological base .  In this regard, Rwanda would like to  reiterate that as an LDC, it enjoys 
maximum policy flexibility in building a sound and viable technological base and safeguarding public 
health and nutrition under the TRIPS Agreement. 
8. Consequently, IP Policy is predicated on six interrelated objectives which are: 
(a) Increasing technological literacy and advanced scientific and technological skills that in 
turn would increase the innovation capacity. 
 
(b) Promotion of innovation and creativity incl uding minor and incremental innovations to 
provide an opportunity for the largest number of  individuals and firms to participate in 
innovation. 
 
(c) Increasing access to foreign and local technol ogy by local firms and research institutions. 
 (d) Improving access to IP-based essential goods and services especially health and food. 
 
(e) Facilitating investments in innovative and creative activities. 
 (f) Enhance the protection of traditional knowle dge and facilitate equitable access to genetic 
resources and benefit-sharing. 
 
9. The implementation of Rwanda's IP Policy objectives will require significant scaling-up of 
the country's technical and human capacities on IP as we ll as financial resources, in particular through 
obtaining needs-based technical assistance and capacity building based on clear priorities and 
coordinated delivery and evaluation.  
10. In this respect, Rwanda wishes also to highlig ht the importance of the commitment made by 
developed country members to provide technical and financial assistance on mutually agreed terms 
under Article 67 of the TRIPS Agreement, as well as  providing incentives for transfer of technology 
under Article 66.2.  IP/C/W/548 
 Page 3 
 
 
  II. THE PROCESS FOR ASSESSING THE NEEDS FOR IP TECHNICAL AND 
FINANCIAL CO-OPERATION 
11. Against this background, the government of Rwanda requested, in May 2008, the 
International Centre for Trade and Sustainable Deve lopment (ICTSD) to assist it in the preparation of 
the assessment of its priority need s for IP technical assistance and financial cooperation in the context 
of the TRIPS Council Decision mentioned above.  At  the same time, the United Nations Conference 
on Trade and Development (UNCTAD) received a requ est from the Government of Rwanda to assist 
it in the preparation of its IP policy.  Con sequently, ICTSD and UNCTAD decided to pool their 
resources and expertise, under their joint Project on IPRs and Sustainable Development, to respond to 
these requests in the most effective and able manner.    
12. In partnership with Rwanda's Ministry of Trade and Industry (MINICOM), which served as 
the national focal point, two national multi-stakehol der consultations were held, respectively in 
September 2008 and March 2009, with the participa tion of a variety of national stakeholders from 
government, the private sector and civil society a nd with the technical support and input of an 
international expert from IQsensato. Interviews w ith key stakeholders were also carried out.  
13. The needs assessment exercise was ba sed on the diagnostic toolkit for Assessing Technical 
Assistance Needs for Implementing the TRIPS Agreement in LDCs,  developed by ICTSD and Sanna 
Consulting, which may be of use to other LD C wishing to undertake such an assessment.3   
14. The simultaneous elaboration of an IP policy and an assessment of priority needs for IP 
technical assistance and financial cooperation prov ed to be useful, in terms of synergies and 
complementarities, as it ensures that the technical  assistance needs identified are supportive of the 
objectives of the IP policy and its implementation.   
III. PRIORITY NEEDS FOR IP TECHNICAL ASSISTANCE AND FINANCIAL 
COOPERATION 
15. Annex 1 to this communication highlights the main priorities in terms of technical and 
financial cooperation needs for taking the steps n ecessary to implement the TRIPS Agreement based 
on feedback and inputs provided in multi-stakeholder consultations and in inte rviews carried out at 
the national level.  
16. The needs assessment in cludes as its main components: prom oting innovation, creativity and 
technology transfer for development, the IP polic y and legal framework, IPRs administration and IP 
enforcement.  
A. INNOVATION , CREATIVITY AND TECHNOLOGY TRANSFER FOR DEVELOPMENT  
17. Rwanda's aim, under Vision 2020, to transform its economy into a middle income economy 
by 2020 will require significant transformations and large investments in  science and technology, 
innovation and entrepreneurship.  This requires st rategic policy interventions to support nascent 
innovative and creative industries and activities. 
                                                      
3 See Mart Leesti and Tom Pengelly (2007) Assessing Technical Assistan ce Needs for Implementing 
the TRIPS Agreement in LDCs , ICTSD Programme on Intellectual Property Rights and Sustainable 
Development, International Centre for Trade and Sustainable Development, Geneva, Switzerland.  Available at http://ictsd.net/i/ip/technical-cooperation/11549
 and at http://www.iprsonline.org/ictsd/docs/LDCToolkit-
final.pdf   IP/C/W/548 
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  18. In this connection, a number of priority t echnical and financial assistance needs arise to 
support:  
• Carrying out an innovation and creative industries survey that provides a clear 
baseline for understanding the current levels  of innovation, sources and incentives. 
 
• Developing IP policies and strategies for public research institutions, including 
through specialised curricula and training on innovation and IP management for the research and scientific community. 
 
• Developing industry support services and awareness including helping firms to 
identify relevant technologies from patent information, providing a patent information service not only about patents in Rwanda but also internationally; assisting industry identify relevant public domain technologies and in examining the 
terms and conditions of licensing agreements.  
 B. IP
 POLICY AND LEGAL FRAMEWORK  
19. As previously mentioned, Rwanda has recently adopted its first comprehensive IP Policy.  A 
number of technical and financial needs were identif ied as important in implementing the policy, such 
as the support for the establishment and operation of the Rwanda Development and Intellectual 
Property Forum.  The Forum will be co-chaired by  MINICOM, the Ministry of Sports and Culture 
(MINISPOC) and the Rwanda Science and Research Council (RSRC).  
20. In terms of legislative development, Artic le 289 of the new IP Code mandates the 
development of a special law on traditional knowledge and genetic resources.  The elaboration of a 
comprehensive law will require fina ncial and technical support for na tional stakeholder consultations 
and the actual preparation of the relevant texts and regulations.  
21. In view of the importance of de velopments on IP in Rwanda, th ere is an urgent short-term 
need to sensitize and train key stakeholders, w ithin government, the private sector, research 
institutions and civil society and consumer organi zations, on TRIPS and the new IP Code, including 
on TRIPS flexibilities and exceptions in IP laws, and to promote public awareness on innovation and 
IP.  In the medium-term, the priority is th e development of advanced tailor-made courses on 
development, innovation and IP for government offici als, particularly in key ministries and agencies. 
22. To ensure continued education and capacity development among stakeholders as well as to 
support research and policy analysis in the longer-ter m, the need for establishing an IP resource and 
information centre at MINICOM was identified as a priority.. 
C. IPR  ADMINISTRATION  
23. The Rwanda Development Board (RDB), which is  now in charge of IP administration, was 
established in 2008, as part of on-going legal a nd commercial reforms aimed at facilitating business 
entry and commercial activities.  
24. However, with a new institution with new sta ff and systems, the technical and financial 
assistance needs are significant.  The priori ty needs, in this regard, relate to: 
• Human resource development, in particular  on-the-job training for the new staff, 
missions to other IP offices in Africa a nd elsewhere and advanced courses in IP 
administration and management.  
  IP/C/W/548 
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  • Computerisation of documentation and oper ations and IT support, in particular, 
procurement of equipment and specialised so ftware to cover the costs of scanning and 
archiving the old paper records, training of staff and obtaining access to relevant 
international repositories and databases.  
 
• Support for accession process to the African Regional Intellectual Property 
Organization (ARIPO) so as to maximise the internal capacity in Rwanda, including 
support to help relevant government ministries and agencies hold national 
consultations to undertake the necessary procedures for accession. 
 D. IPR
 ENFORCEMENT  
25. The new IP Law includes extensive provisions  on enforcement and provides a range of 
powers to the judiciary and special tribunals, the police and customs authorities to address IP 
enforcement.  The law also seeks to provide safe guards for third parties in line with the TRIPS 
principles.  The promulgation of the new policy and law also coincides with the inauguration of the Commercial Court branch of the High Court of Rwanda under whose jurisdiction IP issues fall. 
26. To achieve a more effective IPRs enforcement framework in Rwanda, a number of priority 
technical and financial cooperation needs have been identified by key stakeholders.  These relate to: 
• Developing and rolli ng out public awareness campaigns. 
• Training for enforcement agencies, particularly the police, customs officials and the judiciary 
through advanced specialised courses in the short and medium term.  
• Provision of detection and testing equipment a nd the development of IP enforcement manuals 
for key enforcement agencies. 
 
• Access to jurisprudence and research resources for the Commercial Courts including through 
the establishment of a special IP sectio n in the Commercial Court library.  
 
IV. RWANDA DEVELOPMENT AND IP CAPACITY BUILDING PROJECT 
27. Annex 2 (to be circulated at a later date) of  this submission outlines the proposed Rwanda 
Development and IP Capacity building Project wh ich intends to translate the needs assessment 
identified into a concrete technical assistance projec t to enable the country implement its IP Policy 
and IP Code and thereby move towards the impl ementation of the TRIPS Agreement, taking into 
account its LDC status. 
28. The outline of the project includes: the overall project objectives, the main activities and the 
expected results.  The full project design and de velopment will require a national process for which 
Rwanda will require interim technical and financ ial assistance.  This preparatory process would 
involve refining the activities, budgeting, management  structure and developing the monitoring and 
evaluation system.  
V. LOOKING AHEAD 
29. Within the framework of our new IP policy a nd of the IP technical and financial assistance 
needs identified,  and mindful of the commitmen t made by developed countries under Article 67 of 
the TRIPS Agreement, of the WIPO Development Agenda  recommendations on technical assistance, 
and the principles set out in the 2005 Paris Declar ation on aid effectiveness, Rwanda requests early 
consultations with appropriate agencies from deve loped country WTO members, and in coordination IP/C/W/548 
Page 6  
 
  with international institutions and interested NGOs working on trade, IPRs and development, to take 
forward the implementation of its IP policy and the needs identified in this connection. 
30. Rwanda requests that partners for the cons ultations include WTO, WIPO, UNCTAD, WHO, 
the CBD, UNESCO, UNFCCC, UNEP, UNIDO, F AO,UNCTAD the World Bank and/or other 
interested international and regi onal organizations, as well as bilateral donor agencies such as DFID, 
IP offices, and civil society organizations such as ICTSD. 
31. We take this opportunity to thank the differe nt providers, international institutions and 
bilateral donors for the support they have already gi ven to Rwanda.  We l ook forward to partnering 
with them in a new phase of implementing our IP pol icy, as a key part of our wider efforts to promote 
development by strengthening the country's crea tive industries and it scientific and technological 
base. 
 
  IP/C/W/548 
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  ANNEX 1 
 
   
 
    
 
 
Technical and Financial Cooperation Needs for the  
Implementation of the TRIPS Agreement in Rwanda 
 
    
Report of Needs Assessment Diagnostic 
............................................................................................  
 
 
 
  
 
  
 
  
 
 
 
May 2010 
 
 
 IP/C/W/548 
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Table of Contents 
 
 List of Acronyms and Abbreviations ............................................................................................. ... 9 
Foreword....................................................................................................................... ..................... 11 
Summary of the Results of  the Needs A ssessment ......................................................................... 13 
1. Introduction................................................................................................................ ................... 17 
2. National Development Context................................................................................................ .... 17 
2.1 Human and social development indicators ................................................................................... 1 7 
2.2 Government and political structure......................................................................................... ...... 18 
2.3 Economy and natural resources .............................................................................................. ...... 19 
2.4 National development and poverty reduction strategies ............................................................... 19 
2.5 Developmen t assist ance ..................................................................................................... ........... 20 
2.6 Intellectual property in the national development context............................................................ 21 
3. Innovation, Creativity and Tec hnology Transfer for Development......................................... 21 
3.1 Overview of current status ................................................................................................. ........... 22 
3.2 Priority needs for technical cooperation, financial assistance and capacity building ................... 23 
4. IP Policy and Legal Framework ............................................................................................... ... 25 
4.1 Overview of current status ................................................................................................. ........... 25 
4.2 Priority needs for technical cooperation, financial assistance and capacity building ................... 27 
5. IPR Administration .......................................................................................................... ............ 28 
5.1 Overview of current status ................................................................................................. ........... 28 
5.2 Priority needs for technical cooperation, financial assistance and capacity building ................... 29 
6. IPR Enforcement ............................................................................................................. ............. 30 
6.1 Overview of current status ................................................................................................. ........... 30 
6.2 Priority needs for technical cooperation, financial assistance and capacity building ................... 31 
Tables 
Table 1: Industrial property grants  in Rwanda since independence ................................................... 26 
Attachment A:  Outline of the Rwanda Development and IP Capacity building Project.......... 33 
Attachment B:  IP Stakeholder Map for Rwanda.......................................................................... 36 
  IP/C/W/548 
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List of Acronyms and Abbreviations 
ARIPO  African Regional Intellectual Property Organization 
AU  African Union 
BSHG  Budget Support Harmonisation Group 
CAPMER Center for Support to Small and Medium Enterprise in Rwanda 
DRC  Democratic Republic of Congo DTIS  Diagnostic Trade Integration Study DPCG  Development Partners Coordination Group 
EAC  East African Community 
EC  European Communities EDPRS  Economic Development an d Poverty Reduction Strategy 
EPAs  Economic partne rship agreements 
FDI  Foreign direct investment GDP  Gross domestic product 
GIs  Geographical indications 
HDI  Human Development Index HDR  Human Development Report HIPC  Heavily Indebted Poor Countries HIDA  Human Resource and Instituti onal Capacity Development Agency 
ICT  Information and communications technology 
IRST  Institute of Scientific and Technological Research IF  Integrated Framework ICTSD  International Centre for Trade and Sustainable Development 
IMF  International Monetary Fund 
IP  Intellectual property 
IPR  Intellectual property rights IPRTA  IPR technical and financial assistance KIST  Kigali Institute of Science and Technology LDCs  Least-developed countries MDGs  Millennium Development Goals 
MINICOM Ministry of Trade and Industry 
MINISPOC Ministry of Sports and Culture MINISTR Ministry of Science, Technology and Scientific Research NEPAD New Partnership for Africa's Development ORTPN Office of Rwanda Tourism and National Parks 
PVP  Plant variety protection 
PEPFAR The President's Emergency Plan for AIDS Relief R&D  Research and development RCRSA Rwanda Commercial Registration Services Agency RBS  Rwanda Bureau of Standards RDB  Rwanda Development Board 
RILO  Regional Intelligence Liaison Office of the World Customs Organization 
RIEPA  Rwanda Investment and Export Promotion Agency RITA  Rwanda Information Technology Authority STIR  Science, Technology and Innovation for Results Programme TRIPS  Agreement on Trade-Related As pects of Intellectual Property Rights 
UN  United Nations 
UNICEF United Nations Children's Fund UNCTAD United Nations Conferen ce on Trade and Development 
UNDP  United Nations Development Programme UNAIDS United Nations Joint Programme on AIDS IP/C/W/548 
Page 10  
 
  UNU- IAS United Nations University Institute of Advanced Studies 
UNU-INTECH United Nations University  Institute for New Technologies 
USD  United States Dollars WCO  World Customs Organization WHO  World Health Organisation 
WIPO  World Intellectual Property Organization 
WTO  World Trade Organization 
  IP/C/W/548 
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  Foreword 
 In its decision of 29 November 2005 extending the transition period for least-developed 
countries (LDCs) to implement the Agreement on Trade-Related Aspects of Intellectual Property 
Rights (TRIPS Agreement)1, the World Trade Organization (WTO) Council for TRIPS also invited 
LDC Members to provide as much information as possible to the Council on their individual priority 
needs for technical and financial co-operation in or der to assist them in taking steps necessary for 
implementing the Agreement.   Rwanda has made a decision to respond to th is request. In making our decision, we were 
encouraged by the responses and follow-up by Sierra Leone
2 and Uganda3, which not only responded 
substantively to the Council for TRIPS' request but have been able to develop concrete projects to 
address the identified needs.  Like Sierra Leone a nd Uganda, our efforts to respond to the Council for 
TRIPS request has been supported by Internationa l Centre for Trade and Sustainable Development 
(ICTSD) and the resulting report is based on the Di agnostic Toolkit which was prepared by ICTSD 
and Saana Consulting to aid the assessment of n eeds for IPR technical and financial assistance 
(IPRTA) in LDCs.4  
  The needs assessment diagnostic for Rwanda's technical and financial cooperation needs for 
the implementation of TRIPS was undertaken betw een September 2008 and March 2009.  The process 
started with a national stakeholder workshop co-organised by the Ministry of Trade and Industry 
(MINICOM), ICTSD and the United Nations Conf erence on Trade and Development (UNCTAD) in 
September 2008 followed by interviews with key stak eholders as well as research and data analysis by 
the lead consultant, Sisule Musungu of IQsensato,  and ended with nationa l validation workshop in 
March 2009.   
 The overall objective of this needs assessment report is to provide a roadmap for intellectual 
property stakeholders in Rwanda and the country's development partners (see Attachment B for a 
listing of the key IP stakeholders in Rwanda) in ou r efforts to build a national IP and technological 
infrastructure on a sustainable, pro-developm ent basis, and taking the necessary steps for 
implementation of the objectives, principles, rights and obligations under the TRIPS Agreement.  The 
report takes into account the LDC status of Rwanda , specifically the need for the country to have 
maximum policy flexibility in building a sound and viable technological base and the obligations of 
developed country members to provide  technical and financial assistan ce on mutually agreed terms, as 
well as incentives for transfer of technology. 
 Similar to the Sierra Leone and Uganda reports this report: 
 
• Provides a summary of the priority needs  for technical and financial co-
operation  identified in the diagnostic study. 
 
                                                     
 
1 The decision is contained in WTO document IP/C.40 dated 30 November 2005. 
2 See WTO documents IP/C/W/499 dated 3 October 2 007 and IP/C/W/523 dated 22 October 2008 for 
details of the Sierra Leone needs assessment diagnostic and follow-up. 
3 See WTO documents IP/C/W/500 dated 9 October 2007 and IP/C/W/510 dated 27 May 2008 for 
details of the Uganda needs assessment diagnostic and follow-up. 
4 Mart Leesti and Tom Pengelly (2007) Assessing Technical Assistance Needs for Implementing the 
TRIPS Agreement in LDCs, ICTSD Programme on Intellectual Property Rights and Sustainable Development, International Centre for Trade and Sustainable Development, Geneva, Switzerland. Available at 
http://ictsd.net/i/ip/technical-cooperation/11549/. IP/C/W/548 
Page 12  
 
  • Describes the overall national development context , including poverty status, 
economic and innovation structure, form of government, natural resource base, and 
key human and social development indicators. 
 
• Examines and analyses the existing arrangements for promoting innovation, 
technology transfer and creativity, and identifies the priority needs for technical co-
operation and financial assistance. 
 
• Analyses the existing IP policy and legal framework,  describes recent developments 
before identifying and describing the priori ty needs for technical co-operation and 
financial assistance for IP policy and legal development.  
 
• Reviews the existing arrangements for IP administration  and describe the priority 
needs for technical co-operation and financial assistance in this area.  
 
• Reviews the existing arrangements for IP enforcement and regulation . Priority 
needs for technical co-operation and fina ncial assistance are then identified and 
described. 
  In order to provide a basis for developed count ry members and other development partners to 
assist Rwanda in addressing the identified needs a detailed Outline of the Rwanda Development 
and IP Capacity Building Project  is contained in Attachment A to the report.  This proposed 
project, to be coordinated by MINICOM through the National Development and IP Forum, for an 
initial  two (2) year period
 outlines the:  
• overall objective of the project;  
• component objectives;  
• proposed activities under each component objective;  
• project management structure; and  
• Expected results and the monitoring and evaluation framework. 
 
 The full development of the project, including budgeting, timelines and monitoring and 
evaluation indicators, will require technical a nd financial assistance and thorough consultations 
between government, national stakeholde rs, international stakeholders a nd development partners.  It is 
anticipated that following the initial two year phase fu rther phases of the project would be developed, 
taking into account the progress made. 
 
 This report would not have been possible w ithout the efforts and cooperation of various 
stakeholders and partners. In th is regard, on behalf of the gove rnment of Rwanda, I extend our 
gratitude and thanks to:  ICTSD, particularly the IP and Development Programme Team, for the 
financial and technical support; the lead consulta nt, Sisule Musungu of IQsensato;  The Ambassador 
and Permanent Representative of Rwanda in Gene va with her team; the MINICOM focal point 
Annoncée Karadusenge; and the participants of the national stakeholder and validation workshops and 
interview respondents as well as the UNCTAD IP Team.  
Minister of Trade and Industry 
Republic of Rwanda 
 
   IP/C/W/548 
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  Summary of the Results of the Needs Assessm ent Diagnostic for TRIPS Implementation in 
Rwanda 
 Outlined below is the summary of the results  of the needs assessment diagnostic study for 
Rwanda.  Detailed explanation of each area of need can  be found in the main report.  Attachment A to 
the report provides an outline for a project to address the identified priority needs.  
 
I. Innovation, Creativity and Technology Transfer 
 
(a) Undertaking an innovation and creative industries survey  
 Rwanda's aim, under Vision 2020, to transform its economy into a middle income economy by 2020 will require significant transformations and large investments in  science and technology, 
innovation and entrepreneurship.  There is therefor e need for strategic policy intervention to support 
nascent innovative and creative industries and activities.   Such strategic interventions will, however, 
at best be guesswork if a clear baseline is not estab lished in terms of understanding the current levels 
of innovation, sources, incentives and other indicat ors.  To establish the baseline an innovation and 
creative industries survey is required.  The surv ey should be preceded by a review of existing 
literature and information such as research and de velopment (R&D) data contained in various World 
Bank reports. 
 
 The survey would aim, among other things to provide a detailed understanding of: the type of 
firms and entities in Rwanda including linkages with  foreign firms; science  and technology and R&D 
measures; type of innovations whether product or process etc.; objectives, goals or reasons for 
innovating by different firms or entities; sources of information for innovation; cooperation or 
collaboration for innovation; impact of innovations on firms or entity performance; obstacles to 
innovation; costs, financing and expenditures of i nnovation; and government policies and incentives 
affecting innovation as well as the status and potential of creative industries. 
 
(b) Developing IP policies and strategies for public research institutions 
 
 In Rwanda, government science and technology  policies and programmes have quite a large 
impact on innovation.  In this context, the in tellectual property (IP) policies adopted by public 
research and scientific organisations will have a sign ificant impact on the efforts to acquire, transfer 
and diffuse technology and knowledge within the Rwa ndan economy. In this context, a number of 
priority technical and financial assistance needs arise. 
 
 First, is the need to support Rwanda's public  research institutions to  develop balanced IP 
policies and strategies.  Second is the need for t echnical and financial suppor t for the development of 
specialised curricula or other training on innovatio n and management of IP for the research and 
scientific community.  Finally, is the need for tech nical support to develop the capacity to address IP 
issues in collaborative research and science projects especially with foreign institutions including the 
development of model IP clauses to be included in memoranda of understanding or agreements. 
 
(c) Industry support services and awareness 
 
 The private sector and industry will be key in Rwanda's efforts to dive rsify and transform its 
economy and to foster entrepreneurship.  For the privat e sector and industry to pl ay this role, there is 
need for technical and financial cooperation to develop industry support services and awareness on IP 
and other innovation incentives.  In particular, suppor t is required to build capacity within the national 
IP institutions to provide services on IP management  to industry.  This would include services to: 
 
• help firms to identify relevant technologies from patent information, identify protectable 
subject matter and address issues around licensing; IP/C/W/548 
Page 14  
 
   
• provide a patent information service not on ly about patents in Rwanda but also 
internationally; and 
 
• Assist industry identify relevant public domain technologies.  
 II.   IP Policy and Legal Framework  (a)  Implementation of the national IP Policy  
 Rwanda has recently developed, with the assistance of the United Nations Conference on 
Trade and Development (UNCTAD) its first compre hensive IP Policy and Implementation Strategy.  
A number of technical and financial needs were id entified as important in implementing the policy. 
These include:  
• Alignment of the national IP laws with the new IP Policy.  This will require the review and, 
where necessary, amendments to the IP Code; 
• support for the establishment and operation of the Rwanda Development and Intellectual 
Property Forum;  and  
• Human capacity development within MINI COM for policy monitoring, research and 
secretariat functions for the Development and IP Forum as well as capacity for policy monitoring and research in the Ministry of Sports and Culture (MINISPOC). 
 
(b)  Development of a national legislative framew ork for the protection of traditional knowledge 
and genetic resources 
  Article 288 of the new Rwanda IP Code ma ndates the development of a special law on 
traditional knowledge and genetic res ources.  To be able to develop a comprehensive law will require 
financial and technical support for national stake holder consultations and actual drafting of the 
relevant laws and regulations.  
 
(c)  Training and public awareness on th e national policy and legal framework 
 
 In the short-term, the need to train key stak eholders within government and in the private 
sector, research institutions and civil society on TR IPS and the IP Code, including on the use of 
TRIPS flexibilities in international treaties was emph asised by numerous stakeholders as was the need 
to support national public awareness programmes on the importance of innovation and IP delivered 
through radio, television and other media.    In the medium-term, the priority is the de velopment of advanced tailor-made courses on 
development, innovation and IP for government o fficials in all the key ministries and agencies 
particularly MINICOM, MINISPOC, Ministry of  Science, Technology, Scientific Research and 
information and Communications Technology (MIN ISTR) and Rwanda Development Board (RDB)
5; 
senior industry managers and managers of the key sci entific institutions; and for IP teaching in law, 
                                                      
5 RDB, which is headed by a chief ex ecutive officer reporting directly to  the President, brings together 
seven (7) previously independent agencies including the Rwanda Commercial Services Registration Agency (RCRSA) which was in charge of IP administration.  Th e other agencies include:  Office of Rwanda Tourism 
and National Parks (ORTPN);  Rwanda Investment and Export Promotion Agency (RIEPA); Rwanda 
Information Technology Authority (RITA);  Center for Support to Small and Medium Enterprise in Rwanda 
(CAPMER);  Human Resource and Institutional Capacity Development Agency (HIDA);  and the Privatisation 
Secretariat
.   IP/C/W/548 
 Page 15 
 
 
  economics, science and management faculties at the university. In the interim, external study tours 
should be supported.  
(d)  Establishment of an IP Resource and Information Centre 
  To ensure continued education and capac ity development among governmental, private 
sector, research and civil society stakeholders as we ll as to support research and policy analysis in the 
longer-term, the need for establishing an IP r esource and information centre at MINICOM was 
identified as a priority.  Such a centre would provide services to both government officials and other stakeholders including researchers. 
 
III.  IP Rights Administration  
 (a)  Human resource development  
 The human resource development for the IP sec tion of RDB will be key to its success. The 
first important steps have been taken in recruiti ng staff attorneys to run the section. However, a 
number of key needs remain.  These include:  
• On-the-job training for the new RDB staff includi ng funding for training missions to other IP 
offices in Africa and elsewhere; 
• Advanced courses in IP administration and management; 
• Support for RDB to quantify its staff needs with respect to IP administration, including the 
needs related to the provision of industry support services.  
 
(b)  Computerisation and IT support for RDB  
 While consultancy services have already b een procured for the development of a 
comprehensive online IP database for RDB, there are further short and medium-term needs.  In 
particular, technical and financia l support is required for Procurem ent of equipment and specialised 
software;  to cover the costs of scanning and archiving the old paper records;  training of staff;  and to 
buy access to relevant internationa l repositories and databases. 
 
(c)  Support for accession process to ARIPO 
  Rwanda is considering joining the African  Regional Intellectual Property Organization 
(ARIPO).  In this context, technical and financia l support will be needed to help the RDB, MINICOM 
and the Ministry of Foreign Affairs to undertake national consultations including commissioning any 
studies, if necessary, and to undertake the necessary procedures for accession to ARIPO. 
 
IV.  IP Enforcement  
(a)  Developing and rolling out public awareness campaigns 
  
 There are both short-term and medium-term n eeds related to public education and awareness 
that were identified as priorities to support Rwanda's  efforts to implement TRIPS.  In the short-term, 
technical and financial support is needed to de velop and deliver programmes about balanced IP 
enforcement and the provisions of the new IP Code .  In the medium-term, technical and financial 
support will be needed to develop targeted progr ammes for the private sector and professional bodies, 
such as the law society, as well as the media. 
 IP/C/W/548 
Page 16  
 
  (b)  Training for enforcement agencies 
 
 The police, customs officials and the judiciary in Rwanda is beginning to address increasingly 
complex cases related to IP.  There is therefore a clear short-term need for technical and financial 
support for advanced specialised training and c ourses for the police, customs authorities and the 
judiciary.  In the medium to the long-term, suppor t is required to enable the relevant officials 
undertake refresher courses and courses in new detection and testing methodologies. 
 
(c)  Provision of detection and testing e quipment and the development of manuals for key 
agencies 
 
 Detection and testing of IP infringing goods is an area where there is a major lack of capacity 
in Rwanda. Two priority areas were identifie d by stakeholders. These are the need to:  
• purchase and maintain basic detection and testing equipment for the police, customs and the 
Rwanda Bureau of Standards (RBS); and 
• Support for the development of IP enforcement manuals for all the key agencies.  
 
(d)  Access to jurisprudence and resea rch resources for Commercial Courts 
 
 The court system plays an important role in ar bitrating claims related to IP. In Rwanda, as 
part of the comprehensive commercial law reform  a Commercial High Court has been set-up which 
will hear all commercial cases including most IP ca ses.  The enactment of the new IP Code coupled 
with increasing private sector and public  awareness is likely to lead to a growing number of IP related 
cases.  A key need for the Court, in addition to tr aining for judges, relates to access to jurisprudence 
and other reference materials.  IP/C/W/548 
 Page 17 
 
 
  1. Introduction 
 
1. The Republic of Rwanda (hereina fter "Rwanda") is a small landl ocked country in East Africa. 
It borders Uganda to the North, the Democratic Re public of Congo (DRC) to the West, Burundi to the 
South, and Tanzania to the East. Rwanda's devel opment path has been a difficult one.  The country 
has faced major challenges due to its colonial hist ory and the post-independen ce conflicts culminating 
in the genocide of 1994.  Following the establis hment of a new government after the genocide, 
however, Rwanda has made impressive strides in its development efforts. Immediately after the genocide, Rwanda's Human Development Index (HD I) fell to 0.341 in 1995. Since then, the HDI has 
climbed to 0.452 placing Rwanda at the rank of 161 out of 177 countries in 2008.  
2. The strategic application of science, technolog y and innovation will be critical to Rwanda's 
continued efforts to boost its HDI and to m eet the Millennium Deve lopment Goals (MDGs). 
International intellectual property (IP) rules and st andards, which have e xpanded rapidly in recent 
decades, have important implications for the abilit y of Rwanda, to apply science and technology and 
new innovations in support of its development aspirat ions. These standards and rules now affect, more 
than ever before, everything from the availa bility and access to essential medicines to access to 
educational material, availability and access to seeds by farmers and the ability to benefit from in 
advances information and communications technology (ICT).  
3. The manner in which Rwanda implements th e World Trade Organization (WTO) Agreement 
on Trade-Related Aspects of Intellectual Property Ri ghts (TRIPS) and other international or regional 
IP treaties therefore has important implications for a country's efforts to lift its people out of poverty. 
Consequently, international instituti ons and bilateral agencies can play an important role in support of 
Rwanda by providing technical and financial coopera tion to ensure that the country implements its 
international IP obligations in a manner that ensu res that its people capture maximum benefit while 
minimising adjustment and other costs. The needs id entified in this report poi nt to where development 
partners can have the most impact. 
2. National Development Context 
 
4. Rwanda's medium term vision, encapsulated in  "Rwanda Vision 2020" is to transform itself 
into a middle-income economy by 2020.
1  Such transformation will, at a minimum, require Rwanda to 
achieve an annual per capita income of US$900 and to reduce poverty to 30 per cent.  In 2000 the per 
capita income was US$220 while the poverty rate w as at 60.4 per cent.  The current framework to 
facilitate the efforts to achieve Vision 2020 is the "Economic Developmen t and Poverty Reduction 
Strategy, 2008-2012" (hereinafter "EDPRS").2  
2.1  Human and social development indicators 
 
5. Rwanda is the most densely populated count ry in Africa with over 300 people per square 
kilometre.  Its population is currently estimat ed to have surpassed the 9 million mark with 
approximately 42 per cent being under the age of 15; 56 per cent under the age of 65;  and approximately 2 per cent at 65 years or over.  The population growth continues to rise fast due to 
                                                     
 
1 See Republic of Rwanda (2000), Rwanda Vision 2020, Republic of Rwanda, Kigali, p.8. Vision 2020 
is Rwanda's development roadmap to the year 2020. It is the result a national consultative process that was conducted between 1997 and 2000.  The vision is premised on six interlinked pillars, namely: good governance 
and efficient state; skilled human capital; vibrant private sector; world-class physical infrastructure; and modern 
agriculture and livestock. 
2 IMF (2008), Rwanda: Poverty Reduction Strategy Paper, IMF, Washington D.C., (hereinafter 
EDPRS). IP/C/W/548 
Page 18  
 
  increase in fertility coupled with a reduction in infant mortality.  As already indicated, Rwanda's 
human development outlook has significantly improve d since the genocide.  According to the 2008 
Human Development Report (HDR), life expectancy at  birth is 46.7 for females and 43.6 for males. 
The government's current priority in health is on preventive health measures, providing high quality 
and accessible health care service s to the entire population and increasing the availability and 
affordability of drugs; among others.
3  
6. The disease burden, however, remains high and ineq uality in health outcomes persist.  While 
improvements were recorded between 2000 and 2005, infant mortality rate stands at 108 per 1,000 
live births in the rural areas and 69 deat hs per 1,000 live births in urban areas.4  Under-five mortality 
rate stands at 192 deaths for 1,000 live births in  rural areas and 122 deaths per 1,000 live births in 
urban areas.  There are large inequalities between the health status of people in the highest wealth 
quintiles of the population and those in the lowest quin tiles.  For example, the infant mortality rate is 
56 per cent higher and under-five mort ality rate is 73 per cent higher in the poorest quintile compared 
to the richest quintile.5 In terms of diseases, HIV/AIDS is a major challenge though significant strides 
have been made to reduce tran smission and provide treatment.  
7. HIV Prevalence in adults aged between 15-49 years is estimated to be at 3 per cent.6  By the 
end of 2007 it is estimated that approximately 150,000 people between ages 0-49 were living with 
HIV.7  As of 31 March 2008, PEPFAR reports 52,400 pe ople to be receiving anti-retroviral treatment 
under its programmes.  Overall, according to  the United Nations Joint Programme on AIDS 
(UNAIDS), the World Health Organisation (W HO) and the United Nations Children's Fund 
(UNICEF) approximately 80 per cent of people livi ng with HIV/AIDS in need of anti-retroviral 
therapy are on treatment.8 
8. In education, the combined gross enrolmen t ratio for primary, secondary and tertiary 
education is 51 per cent for both women and men wh ile adult literacy stands at 59.8 per cent for 
women and 71.4 per cent for men.  
9. Overall, the incidence of poverty is very hi gh in Rwanda. According to the United Nations 
Development Programme (UNDP), 57 per cent of households still live below the poverty line.9  The 
percentage is much higher in female-headed  households where it stands at 62 per cent.10  There is also 
a significant disparity between the poverty levels in  the urban and rural areas.  The incidence of 
poverty in the rural areas, where the majority of Rwandans live, is 66 per cent compared to 12 per 
cent in the capital city Kigali and 19 per cent in other urban areas. 
2.2  Government and political structure  
 10. Rwanda, whose official languages are Ki nyarwanda, English and French, gained 
independence from Belgium in 1962. As already note d, the country's political history for the first 
                                                     
 
3 EDPRS, Execu tive Summary. 
4 EDPRS, p. 18. 
5 EDPRS, p. 19. 
6 EDPRS, P. 20. 
7 The President's Emergency Plan for AIDS Re lief (PEPFAR) "2008 Country Profile: Rwanda" 
available at http://www.pepfar. gov/press/81639.htm (last acce ssed on 20 February 2009). 
8 See Rwanda Country Profile at http://www.unaid s.org/en/CountryResponses/Countries/rwanda.asp. 
9 See UNDP Global Reports at h ttp://www.undp.o rg.rw/Poverty_Reduction. html (last accessed on 20 
February 2009). 
10 Rwanda has a high proportion of female population, which stands at 53 per cent of the population, of 
whom a large proportion are widows or single mothers. Overall, over 32 pe r cent of households are headed by 
women.  IP/C/W/548 
 Page 19 
 
 
  three decades of independence was a turbul ent one culminating in the 1994 genocide.11  Following the 
genocide, Rwanda has been governed by a governme nt of national unity made up of seven political 
parties.  The executive arm of the government is headed by a President who is both the head of state 
and cabinet.  The Cabinet, made of the President a nd Prime Minister and ministers, is responsible for 
the conduct of national affairs.  The legislative arm is made up of a parliament with two chambers – 
the Chamber of Deputies made up of 80 seats, and the Senate, which is made up of 26 seats.  After the 
2008 parliamentary elections, Rwanda became the first country where women outnumber men in the 
Chamber of Deputies.  Women make up 55 per cent of  the legislators.  On the judicial side, the 
Supreme Court, headed by a president, is the highest  court whose function is to direct and coordinate 
the activities of lowers courts and tribunals in the country.  The High Court is divided into sections 
including commercial courts. 
11. Beyond the national government and political struct ure, Rwanda is also a member of the East 
African Community (EAC) since 2007.  As a result,  Rwanda participates in, and its government is 
impacted by, the decisions and processes of the EAC's Summit, Council of Ministers, Court of Justice, Legislative Assembly and other organs. Rwa nda is also a member of the United Nations (UN) 
and many of its specialised agencies as well as th e African Union (AU) and a host of other regional 
and international organisations.  The country is also poised to join the Commonwealth in 2009.  
2.3  Economy and natural resources 
 
12. Rwanda is a landlocked and least-developed ec onomy dominated by subsistence farming with 
very few natural resources.  Agriculture employs 90 per cent of the labour force, providing around 
40 per cent GDP.  Tea and coffee are the main cash crops and usually generate over 80 per cent of 
export earnings.  However, these cash crops c ontribute less than 2 per cent of GDP.
12  Some 60 per 
cent of manufacturing by value is in agricultural processing, particularly brewing.13  Rwanda's 
industrial sector accounts for about 20 per cent of GDP.  Following the dismantling of tariff since 
1994 and integration of Rwanda into the EAC, the small industrial sector is struggling to maintain 
market share in the face of regional competition.  The service sector, led by telecommunication, transport, retail and tourism has been growing at a faster rate than the overall economy, and now 
contributes over 40 per cent of GDP.  The financial sector is relatively small,  contributing only 5 per 
cent of the GDP.  
13. Under Vision 2020, Rwanda's goal is to transform its economy into a middle income 
economy by 2020.  To achieve this ambitious goal, Rw anda will require a con tinuous annual rate of 
economic growth of at least 7 per cent.  While Rwa nda's real GDP grew by over 10 per cent in the 
period after the genocide to the year 2000, this  was followed by a period of stabilisation (2001 – 
2006) where growth fell to 6.4 per cent.  
2.4  National development and poverty reduction strategies 
 
14. Rwanda has been pursuing post-conflict politi cal and economic reform that favours market-
oriented policies, such as privatisation and libera lisation.  Vision 2020 has the short-term objective of 
promoting macroeconomic stability and wealth crea tion to reduce aid dependency.  In order to 
achieve a middle income country status by 2020,  Rwanda aims to transform its economy from a 
subsistence agricultural economy to a knowledge-based and technology driven society.  In the long-
term, the aim of Vision 2020 is to create a pr oductive middle class and foster entrepreneurship.  
                                                     
 
11 For full historical account see the official website of the government of Rwanda at 
http://www.gov .rw/ (last accessed on 20 February 2009. 
12 Economist Intelligence Unit (EIU) (2008), Rwanda  - Country Profile , London, p. 16. 
13 EIU (2008) p.19. IP/C/W/548 
Page 20  
 
   
15. The key areas that have been identified as centr al to advancing the objectives of Vision 2020 
are: 
• Human resource development and a knowledge-based economy;  
• Private sector-led development; 
• Infrastructure development;  
• Productive high value and market-oriented agriculture; 
• Regional and international integration; and  
• Science, technology and ICT. 
 
16. These key aspects of Vision 2020 are reflected in the EDPRS, the national investment 
strategy and the national science, technology an d innovation strategy.  The EDPRS, which builds on 
lessons learned from previous poverty reduction stra tegies enjoys high-level political commitment and 
has also met with approval from the Inte rnational Monetary Fund (IMF) and donors.
14  T h e  
programme on Sustainable Growth for Jobs a nd Exports under EDPRS is designed to reduce the 
operational costs of business, increase the capacity to  innovate, and widen an d deepen the financial 
sector.15 
17. The Rwandan government policy features scien ce, technology and innovation as an important 
component of the country's devel opment and poverty reduction strategy.16  In this context, efforts are 
to be directed at knowledge acquisition and d eepening, knowledge creation through scientific 
research, knowledge transfer and the de velopment of a culture of innovation.  
18. To support these efforts, education has been prioritised with the emphasis being on increasing 
the coverage and quality of basic education, tec hnical and vocational education and training, and 
tertiary education.  On the technology-side, investment  in ICT industry is an important priority.  This 
will be a major challenge considering that, for exam ple, internet penetration stands at only 1.5 per 
cent today.17  In agriculture the focus is on sustainabl e production systems, building the technical and 
organizational capacity of farmers, promoti ng commodity chains and agribusiness while in 
manufacturing the focus is on value addition in existing product lines in agro-processing, including 
coffee and tea, handicrafts and mining,  and development of new products.  
19. Under EDPRS, efforts will also focus on impr ovement of economic freedoms, regulatory and 
licensing environment for doing business, and promoting principles of modern corporate governance. 
2.5  Development assistance 
 
20. Rwanda relies heavily on development assistance.   According to the EDPRS, in recent years 
donors have financed more than 50 per cent of the country's budget.18  It is foreseen that this support 
will need to increase if the country is to meet its medium-term poverty reduc tion goals outlined in the 
EDPRS.  Some of the major donors include the World Bank and the United Kingdom (UK). Rwanda 
has also benefited from debt relief under the Heavily  Indebted Poor Countries (HIPC) Initiative.  In 
                                                      
14 EIU (2008), p. 9. 
15 EDPRS, executive summary. 
16 The detailed policy on science, technology and innovation is contained in the policy document 
prepared for the Government of Rwanda by the United Nations University Institute of Advanced Studies (UNU-
IAS). See The Republic of Rwanda and UNU-IAS (2006), The Republic of Rwanda's Policy on Science, 
Technology and Innovation, Republic of Rwanda and UNU-IAS, Kigali. 
17 For details see Internet Usage Statistics for Africa, www.internetworldstats.com, June 30, 2008. 
18 EDPRS, p. 116.  IP/C/W/548 
 Page 21 
 
 
  2005, debt relief under HIPC brought total external  debt down from USD 1.5 billion to around USD 
350 million.  
21. On the trade side, Rwanda is participating in  the Integrated Framework for Trade-Related 
Technical Assistance to LDCs (IF).19  Work on a Diagnostic Trade Integration Study (DTIS) began in 
2004 and was completed in 2005 with a national validation workshop in September 2005.  Under the 
business environment clusters, the review and replacement of obsolete IP laws was identified as a 
priority. The trade and related reforms are alr eady bearing fruit.  For example, when UNCTAD 
undertook a review of Rwanda's i nvestment policy a few years ago, it noted encouraging signs of 
rising interest by potential investors on Rwanda, par tly as a result of improvements in the investment 
framework and the government's efforts to promote foreign direct investment (FDI).20 
22. The country has two main donor coordination foru ms both of which have been critical to the 
management of development assistance.  These are the Development Part ners Coordination Group 
(DPCG) – a high level forum comprising of the representatives of the government and development 
partners and the Budget Support Ha rmonisation Group (BSHG) which is the forum that deals with 
budget support issues. 
2.6  IP in the national development context 
 
23. Rwanda's EDPRS has clearly identified sci ence, technology and innovation as important 
component of the country's development and povert y goals.  Efforts, as already noted, are being 
directed at knowledge acquisition, knowledge crea tion through scientific research, knowledge transfer 
and the development of a culture of innovation.  Education and ICT are also key priorities in the 
EDPRS.  
24. Discussions at the national stakeholder workshop  and during interviews showed that most 
governmental and non-governmental stakeholders see the country's  national IP reforms and its 
participation in international IP treaties as an important component of the country's development 
strategies.  IP is understood as a means and impor tant factor in knowledge acquisition and creation 
and, in particular, promoting a culture of innovation.   Beyond this overall recognition of the linkage of 
IP and the country's development and poverty re duction goals, however, Rwanda has not had a 
coherent or comprehensive policy to actualise this li nkage.  Such a policy, to integrate IP into the 
national development and poverty re duction strategies has now been developed with the support of 
UNCTAD.  This broader policy will guide Rwanda's  IP development efforts going forward including 
the delivery of technical and financial assistance to address the needs identified in this report. 
3.  Innovation, Creativity and Technology Transfer 
 
25. In general, developing countries including l east-developed ones, such as Rwanda, have weak 
innovation systems. A number of the general char acteristics, all of which apply to Rwanda, are 
notable in the innovation systems of these countries.21 These include that: 
• The systems are usually weak with few r esources devoted to innovative activities.  
• The system is characterised minor or incremental changes.  
• The government is a major player in R&D execution and funding. 
                                                      
19 Information regarding Rwanda's participation can be found on the IF website at 
http://www.integratedframe work.org/countries/ rwanda.htm (last accessed on 20 February 2009). 
20 See UNCTAD (2006), Rwanda – Investment Policy Review, UNCTAD, Geneva, p.10. 
21 These characteristics are taken from OECD and European Commission, (2005) Oslo Manual: 
Guidelines for Collecting and Interpreting Innovation Data,  3rd Edition, OECDPublishing, Paris. IP/C/W/548 
Page 22  
 
  • The system is characterised by significant le vels of instability because firms are micro or 
small macro-economic uncertainty whic h limits long-term innovative activity. 
• In many of these countries, the economy relies significantly on informal practice meaning that 
the great creativity invested in solving probl ems in the informal economy does not lead to 
systemic application thereafter. 
• The government science and technology policies and programmes have quite a large impact 
on innovation than activities and strategies in the private sector. 
• There is a dominance of externally controlled firms in high value sectors meaning that local 
enterprises have less decision-making powers related to innovation.  
 26. The TRIPS Agreement somewhat acknowledg es these characteristics and the attendant 
challenges. In particular, under the Agreement, LD Cs were afforded maximu m flexibility to enable 
them to build a sound and viable technological base. This was done by the provisions of Article 66.1 
which provides that: 
"In view of the special needs and requirement s of least-developed country Members, their 
economic, financial and administra tive constraints, and their need for flexibility to create a 
viable technological base, such Members shall not  be required to apply the provisions of this 
Agreement, other than Articles 3, 4 and 5 for a period of 10 years from the date of application 
as defined under paragraph 1 of Article 65. Th e Council for TRIPS shall, upon duly motivated 
request by a least-developed country Member, accord extensions to this period." 
 
27. It is therefore important to remember that even where technical and financial assistance is 
provided, a central purpose of the transition period is to provide flexibility for these countries to build their technological base through innovation, creativity  and transfer of technology and not simply to 
put in place TRIPS-compliant laws.
22  
28. This means that LDCs have the flexibility to tailor their IP and related policy to their needs 
for acquiring foreign technology at a low costs and their adaptation needs  as well as improving absorptive capacity through expanded education wh ere acquisition of learning materials at an 
affordable cost is critical.  Consequently, wh ere TRIPS rules pose problems for these goals the 
flexibility afforded under TRIPS allows LDCs to u se different approaches. Indeed, the Government of 
Rwanda has already had to deal w ith such a situation. In its notification to the WTO regarding the 
importation of anti-retroviral medicines from Cana da under the 30 August 2003 Decision in 2007, 
Rwanda declared that for public health purposes,  as permitted under WTO rules on transition periods, 
it would not enforce patents on the medicines being imported. 
3.1  Overview of current status 
 29. The levels of formal innovation in Rwanda are mi nimal.  This is both in terms of innovation 
by foreign firms and by Rwandan firms. Since 1963,  only 2 patents have be en granted to Rwandan 
nationals out of total 114 pa tents granted during the period.
23  Interviews and meetings with 
stakeholders showed, however, that there is improving level of innovation taking place in key 
research institutions such as the Kigali Institute of Science and Technology (KIS T) and the Institute of 
Scientific and Technological Research (IRST).  Th ese innovation activities may not be captured in the 
patent data.  There is also evidence of innovation in the informal sector.  Without any empirical 
surveys, however, it is difficult to confirm the actual state of innovation in Rwanda. 
                                                      
22 Sisule Musungu (2007), "A Conceptual Framewor k for Priority Identification and Delivery of IP 
Technical Assistance for LDCs duri ng the Extended Transition Peri od under the TRIPS Agreement", Issue 
Papers 7, QUNO, Geneva, p. 4. 
23 For full details on patent grants see section 4 below.  IP/C/W/548 
 Page 23 
 
 
   
30. Vision 2020 recognises that the rate of adoption and integration of science and technology in 
Rwanda remains very low with significant shortages of technically qualified scientists and technicians.
24  To address this situation, the EDPRS set s out a number of targets for science and 
technology education in higher educa tion and with respect to research units in institutions of higher 
learning25, technology adaptation26, the promotion of an innovation culture27 and the development of 
an IP Code, among other commercial laws.28  
31. With respect to science and technology education, by 2012: the number of students enrolled 
in sciences is planned to increase from 21 per cent to 30 per cent with the proportion of women 
increasing to 40 per cent; the number of masters programmes in science from 80 student places per 
year to 200; and post-doctoral training to 100 per ye ar.  With respect to research units, the plan is to 
reinforce the research units in public institutions of  higher learning with six centres of excellence in 
science and technology.  With respect to technolog y adaptation, the EDPRS emphasises the need to 
adapt transferred technology to local needs particularly in the agricultural sector.  
32. In order to accelerate technological change, the Ministry of Science, Technology and 
Scientific Research (MINISTR) has developed a Science, Technology and Innovation for Results 
(STIR) Programme under which a knowledge transfer programme has been initiated. In the context of 
promoting an innovation culture there is a plan  under the EDPRS to establish District Innovation 
Centres and a National Research Fund to provide  financial support for science, technology and 
innovation activities.  Finally, in the context of promoting an enabling business environment a comprehensive legal reform process is underway to reform a range of commercial laws including IP 
laws. 
33. Most of the technology used in Rwanda or iginates from abroad.  This technology is 
transferred into the Rwandan economy through variou s means including FDI, trade, and migration as 
well as licensing.  In general, interviews with st akeholders from the research community and industry 
indicated that IP was not a significant direct factor currently affecting the acquisition or use of foreign 
technologies.  In the context of TRIPS Article 66.2,  there was, however, no evidence that Rwanda is 
benefitting from specific programmes from developed c ountries.  Overall, while IP is not yet playing 
a significant direct role in technology acquisition it clear that the high costs of technology due to IP 
ownership will affect Rwanda, for example, in its science education goals and ICT development 
efforts.  
3.2  Priority needs for technical cooperation , financial assistance and capacity building 
 34. In the context of Vision 2020, the EDPRS and discussions at the national stakeholder 
workshop as well as stakeholder interviews, a number of priority needs for technical and financial 
assistance related to innovation, creativity and tec hnology transfer were identified.  These include 
(a) Innovation and creative industries survey 
 35. Rwanda aims, under Vision 2020, to transfor m its economy into a middle income economy 
by 2020.  This will require significant transformati ons in its economy and large investments in science 
and technology, innovation and entrepreneurship.  Fo r this to happen, there is a clear need for 
                                                     
 
24 Vision 2020, p. 19. 
25 EDPRS, p. 37. 
26 EDPRS, p. 54. 
27 EDPRS, p. 64. 
28 EDPRS, p. 92. IP/C/W/548 
Page 24  
 
  strategic policy intervention to s upport nascent innovative and creative industries and activities.  Such 
strategic interventions will, however, at best be guesswork if a clear baseline is not established in 
terms of understanding the current levels of innovation, sources, incentives and other indicators as 
well as the status of creative industries.  There is therefore a clear need for a policy-relevant 
innovation and creative industries survey. 
36. The survey could partly be based on the methodology and framework developed by UNU-
INTECH for the New Partnership for Africa's Development (NEPAD) in 2004.
29  The survey would 
aim, among other things to provi de a detailed understanding of: the type of firms and entities in 
Rwanda including linkages with foreign firms; sc ience and technology and R&D measures; type of 
innovations whether product or process etc.;  objectiv es, goals or reasons for innovating by different 
firms or entities; sources of information for innovation;   cooperation or collaboration for innovation;  
impact of innovations on firms or entity performance;  obstacles to innovation;  costs,  financing and 
expenditures of innovation;  and government polic ies and incentives affecting innovation as well as 
the status and potential of creative industries. 
(b)  IP Policy for public research institutions 
 37. While there is no doubt that the private sector will play a critical role in the transformation of 
Rwanda's economy, public research and scientific in stitutions will have a crucial support role in the 
process. Indeed, as noted earlier, in a country su ch as Rwanda, government science and technology 
policies and programmes have quite a large impact on innovation than activities and strategies in the 
private sector.  The policies adopted by these public research and scientific organisations will 
therefore have a significant impact in the effo rts to acquire, transfer and diffuse technology and 
knowledge within the economy. In this context, a num ber of priority technical and financial assistance 
needs arise. 
38. First, there is the need to support Rwanda's public  research institutions to  develop balanced IP 
policies and strategies.  This will require both extern al financial support and expertise.  Such policies 
will need to be pragmatic and aimed at ensuring that while public institutions capture returns from 
science and innovation efforts, the results and resu lting technology is accessible to Rwanda's private 
sector at affordable prices and competitive terms and, where products are involved, that these are 
available and accessible to the population and government.  
39. Secondly, there will be the need for technical  and financial support for the development of 
specialised curricula or other training on innovatio n and management of IP for the research and 
scientific community.  Such curricula or training should focus on providing an understanding on the 
link between IP and innovation, where it exists , other incentives for innovation and the required 
balance between appropriation of inventions a nd wide technological diffusion for development. 
40. Finally, there will be need for technical support to develop the capacity to address IP issues in 
collaborative research and science projects especia lly with foreign institutions including the 
development of model IP clauses to be included in memoranda of understanding or agreements. 
(c)  Industry support services and awareness 
 
41. Vision 2020 recognises the private sector as th e principle growth engine of Rwanda's 
economy.  In the short-term, the private sector and industry will be key in the efforts aimed at 
diversification and development of non-traditiona l exports.  In the medium-term, the aim of 
                                                     
 
29 See, UNU-INTECH (2004), "Designing a Policy-Relevant Innovation Survey for NEPAD", UNU-
INTECH, Maastricht.  IP/C/W/548 
 Page 25 
 
 
  transforming Rwanda's economy from an agrarian one to a knowledge-based one will also heavily 
depend on the private sector and industry.  Simila rly, the private sector and industry will play an 
important role in the long-term goal of fostering entrepreneurship. 
42. For the industry to play this role there is n eed for technical and financial support to develop 
industry support services and awareness on IP and ot her innovation incentives.  In particular, support 
is required to build capacity within the national IP  institutions to provide services on IP management 
to industry. In this context, IP management shoul d be understood as providing services that help firms 
to identify relevant technologies from patent info rmation, identify protectable subject matter and 
address issues around licensing.  This would also in clude capacity to provide a patent information 
service not only about patents in Rwanda but also in ternationally.  Beyond patented technology, for 
Rwanda where out of patent tec hnologies can have an important cont ribution; the services could also 
include helping industry identify rele vant public domain technologies.  
4.  IP Policy and Legal Framework 
 
43. Rwanda has had some form of IP framework since the colonial times.  The policy and legal 
environment has continued to evolve, since then, with incremental changes being introduced over 
time. 
4.1  Overview of current status 
 
The current status of IP policy and lega l framework in Rwanda is as follows: 
(a)  IP Policy-making and coordination 
 
44. Rwanda has already developed a comprehensive IP policy or implementation strategy with 
the assistance of UNCTAD.  The policy and impl ementation strategy addresses both policy-making 
and coordination. The lead agency for policy-making and legislative developmen t on IP in Rwanda is 
MINICOM except with respect to copyright where the lead agency is MINISPOC.  While an IP policy 
has only been recently developed, MINICOM has b een involved in intensive legislative activities 
including stakeholder coordination since 2001 when th e development of the new IP law began.  The 
process of developing the law involved: coordinati on at the ministry level (mainly with MINISPOC 
and Ministry of Justice); national stakeholde r consultations, which were undertaken through 
workshops and a steering committee bringing togeth er the government agencies, research institutions 
and the private sector; consultations with interna tional organisations (mainly the World Intellectual 
Property Organization - WIPO and the WTO) and u ltimately the development of a cabinet paper in 
February 2006. 
45. While the knowledge and technical capacities in the various government ministries and 
agencies as well as the private sector improved consider ably due, in part, to the support by WIPO and 
WTO, major challenges still remain.  Until mid 2008,  a few staff at MINICOM were responsible for 
all IP policy and legislative work, as well as, IP administration.  At MINISPOC, which deals with 
copyright matters, there is also limited staff time dedicated to copyright.  With the creation of the 
RDB to take over IP administration, there will be some staff time freed at MINICOM and the 
MINISPOC to focus on policy-making, policy implementation and monitoring. 
(b)  National IP Legal framework and use of the system 
 
46. Until the end of 2008 Rwanda's national IP le gal framework was based on a range of laws 
dating back to the colonial era.  There are three ma in sets of laws and regulations.  These included: the 
Law of 25 February 1963 which covers patents, trademarks and industrial designs with three 
ministerial implementing decrees (Nos. 3/10/1967 to  5/10/47 of 18 May 1967);  Law No. 27/1983 of IP/C/W/548 
Page 26  
 
  15 November 1983 on copyrights;  and colonial era regulations on unfair competition.  These laws 
and regulations were not only old but they also di d not address Rwanda's needs in its efforts to 
establish a viable technological base nor its obliga tions under international treaties including the 
TRIPS Agreement and WIPO treaties.  
47. While there has been some use, the level of use of existing system remains quite low. For 
example, since independence only 114 patents have been issued. Table 1 below provides the figures 
with respect to patents, trademarks and industri al designs showing grants to both nationals and 
foreigners. 
Table 1:  Industrial Property Grants in Rwanda since Independence 
 
 Patents Trademarks Industrial Designs 
Nationals 2 875 14 
Foreigners 112 5430 15 
Total 114 6025 29 
Source :  MINICOM 
 
(c)  Participation in the international IP system 
 
48. Rwanda's active participation in the internationa l IP system can be said to have started in 
1983 when it acceded to the WIPO Convention and three WIPO administered  treaties – The Paris 
Convention for the Protection of Industrial Propert y (hereinafter the Paris Convention), the Berne 
Convention for the Protection of Literary and Artis tic Works (hereinafter the Berne Convention) and 
the Brussels Convention Relating to the Distribu tion of Programme-Carrying Signals Transmitted by 
Satellite (hereinafter the Brussels Convention).30  This was to be followed by Rwanda's acceptance of 
the TRIPS Agreement when the country became a founding Member of the WTO in 1994.  At the 
moment, Rwanda is in the process to accede to Patent Cooperation Treaty (PCT) and the Madrid 
system for the registration of marks.  Active consideration is also being given to accession to other treaties especially those related to global registrati on of IP rights such as in the area of industrial 
designs. 
49. Beyond treaty membership, Rwanda has been a pa rticipant in WIPO, and particularly, in the 
negotiations at Council for TRIPS at the WTO.  This has included a leadership role as the 
coordinating country for LDCs during the negotiations  for the extension of the transition period for 
LDCs to implement the TRIPS Agreement.  At th e regional level, Rwanda is an observer to the 
ARIPO and there are plans for the country to beco me a full member.  Also notable at the regional 
level is Rwanda participation in the European Communities (EC) and the EAC economic partnership 
agreements (EPAs) where IP issues are being discussed. 
(d)  Recent IP reforms and planned changes 
 
50. In line with the goals of Vision 2020 and ED PRS, Rwanda adopted, in November 2008, a 
new IP Code that was developed with technical assistance from WIPO and WTO secretariats. Implementing regulations are now under development.  The country, with the support of UNCTAD, 
has also initiated the development of national IP policy and strategy for implementation.  
51. The new IP Code, which seeks to bring Rwanda into compliance with the TRIPS Agreement, 
provides substantive legislation with respect to  patents, copyright, trademarks, geographical 
                                                     
 
30 Details on Rwanda's accession, the dates of entry in to force and information about the treaties can be 
found on the WIPO website at http://www.wipo.int/treaties/en/.  IP/C/W/548 
 Page 27 
 
 
  indications (GIs), industrial designs, utility models and the regulation of unfair competition.  The 
Code, though not providing substantive rules, also  contemplates the protection, through special 
regimes, for plant variety protection (PVP),  traditional knowledge and genetic resources. 
52. The IP Policy and Implementation Strategy, which has been developed with the support of 
UNCTAD, aims to provide the overarching framework  to guide the government of Rwanda and other 
stakeholders in their efforts to develop an IP fra mework that is linked to, and is supportive of, Vision 
2020 and the EDPRS.  The strategy for implementation outlines the steps to be taken by the Government to ensure that IP laws and regulati ons implement the consensus of the stakeholders. 
4.2  Priority needs for technical cooperation , financial assistance and capacity building 
 A number of priorities needs emerged with respec t to the development of IP policy and legal 
framework.  These include: 
(a)  Implementation of IP policy  
 
53. The need for an overarching national IP policy and strategy for implementation had already 
been identified as a priority by MINICOM.  The national stakeholder workshop and interviews with 
different stakeholders confirmed the urgent need  for the development of such a policy.  While 
UNCTAD has already provided assi stance for the development of the policy and implementation 
strategy, further financial and technical assistance w ill be needed to support the implementation of the 
policy.  
54. In the short-term, a particularly important need identified by stakeholders is the alignment of 
the national IP laws with the policy.  This will require the review, and where necessary, amendments 
to the IP Code. In the medium-term, support will ne ed to be directed at establishing the institutional 
mechanisms for policy review and updating as well as more formalised coordination across 
government and among stakeholders.  With respect to a formal coordination structure, the majority of 
stakeholders favoured the revamping of the existing ad hoc  IP steering committee.  A particular 
requirement will be to build the human capac ity within MINICOM and MINISPOC for policy 
monitoring, research and for the management of the coordination structure. 
(b)  Development of a national legislative framew ork for the protection of traditional knowledge 
and genetic resources  
55. The need to develop a special legislative and institutional framework for the protection of 
traditional knowledge and to ensure prior-informed consent and benefit-sharing for access to genetic 
resources in Rwanda was emphasised as a priority need by various stakeholders at the national 
stakeholder workshop.  The legal systems and in stitutional framework needs to be aimed, among 
others, at: recognising the value of traditional knowledge and responding to the needs of the 
knowledge holders; promoting respect for traditiona l knowledge and its conservation and preservation 
including repression of unfair and inequitable u ses of the knowledge; promoting innovation and 
creativity and overall community development incl uding facilitating legitimate trade in traditional 
knowledge-based goods and services; and preventing biopiracy. 
56. Article 288 of the new Rwanda IP Code manda tes the development of a special law on 
traditional knowledge and genetic resources.  To be able to  develop a comprehensive law will a 
national stakeholder consultations and the development of the legislative framework all of which will 
require technical and financial assistance.  To en sure that the resulting legislative and institutional 
framework is comprehensive and fit for purpose th e technical assistance should be provided by an 
interdisciplinary team of experts. IP/C/W/548 
Page 28  
 
  (c) Training and public awareness on policy and legal framework  
 
57. The need for technical and financial assist ance to train the representative of the key 
stakeholders within government a nd in the private sector, research institutions and civil society in 
basic concepts around innovation, IP and creativity, including the use of flexibilities in international 
treaties was emphasised by numerous stakeholders.  Equally, many stakeholders stressed the need for 
technical and financial assistance to support natio nal public awareness programmes delivered through 
radio, television and other media.  This  needs to happen in the short-term. 
58. In the medium-term, the priority needs to be  on the development of advanced tailor-made 
courses on development, innovation a nd IP for: government officials in all the key ministries and 
agencies particularly MINICOM, MINISPOC, MI NISTR and RDB; senior industry managers and 
managers of the key scientific institutions; and for IP teaching in law, economics, science and 
management faculties at the university. 
(d) IP Resource and Information centre 
 
59. To ensure continued education and capacity  development among governmental, private 
sector, research and civil society stakeholders as we ll as to support research and policy analysis in the 
longer-term, the need for establishing an IP re source and information cen tre was identified as a 
priority.  Technical and financial assistance will ther efore be needed to establish such a resource and 
information centre at MINICOM.  Such a centre would provide services to both government officials 
and other stakeholders including researchers. 
5.  IP Rights Administration 
 
60. The administration of IP involves a set of t echnical and administrative tasks relating, among 
others, to: receiving, examining and granting or refusing applications for IP titles; processing of 
renewals such as in the case of trademarks a nd industrial designs; addr essing opposition applications 
such as in the case of patents and trademarks;  establishing and managing financial procedures and 
mechanisms for collection of fees; maintaining  reco rds of granted IP rights as well as archiving;  and 
establishing procedures for, and facilitating search of the IP registers. IP administrations may also 
have administrative powers or facilitating role relati ng to dispute settlement su ch as when the office 
serves as a secretariat for an IP Tribunal or reviewing technology transfer licenses.  The administration may also have training and public aw areness functions.  Finally, IP administration may 
also be required to provide business support services such as specialised patent information services 
and in some countries, such as Denmark, the patent and trademark office provides a platform for an IP market place for patents. This is a service  that facilitates buying and selling of patents. 
61. IP rights administration is therefore a complex and expensive exercise which requires 
significant technical capacity, human and financial resources as well as infrastructure. In a small 
country like Rwanda, the demands to unde rtake all these tasks can be overwhelming 
5.1  Overview of current status 
 
62. Until recently, as already noted IP administra tion, save for the case of copyright, was the 
responsibility a small number of officers in MINICOM. Copyright administration was handled by MINISPOC.  IP administration has now been m oved to RDB as part of on-going legal and 
commercial reforms aimed at facilitating business entr y and commercial activities. In addition to IP 
administration, RDB is also responsible for regi stration and administration of matters related to 
companies and secured transactions, among others.  At the moment, the IP administration system, which all remains manual, is being set up with  two new legal officers just recruited.   IP/C/W/548 
 Page 29 
 
 
   
63. On-going tasks include the collection and arra ngement of all manual records from MINICOM 
and MINISPOC and provincial offices which will be followed by automa tion.  The former task, which 
involves collecting and organising records for the last  30 years, is being undertaken with the help of 
short-term staff, mainly university students . For the latter purpose, an international firm is being hired 
to develop a comprehensive searchable and netw orked database system which would be accessible 
from different parts of the country. 
64. Currently, RDB does not have capacity for patent  examination and considering the size of the 
country and rate of application for IP titles the o ffice does not intend to become an examining office. 
Rather, the vision is for Rwanda to join ARIP O and rely on the examination capacity there.  
5.2  Priority needs for technical cooperation , financial assistance and capacity building 
 
65. The creation of the RDB is likely to improve  the effectiveness and efficiency of IP 
administration in Rwanda.  The merging of a range of services in one agency is also likely to reduce 
the overall costs of IP administration since many services such as finance, automation etc., would be 
bundled.  However, with a new institution with new staff and systems, the technical and financial 
assistance needs are huge.  The priority needs in this  regard relate to human resource development, 
automation, accession to ARIPO and access to ke y international repositories and databases. 
(a) Human resource development 
 
66. The human resource development for the IP section of RDB will be key to its success.  The 
first important steps have been taken in recruiting st aff attorneys to run the section.  A key immediate 
need requiring technical and financial support will be  on-the-job training for the new staff including 
missions to other IP offices with established systems.  Over time, the staff will also be required to take 
advanced courses in IP administration and management. 
67. In the medium-term, support is needed to assist  the RDB quantify its staff needs with respect 
to IP administration.  Though the optimal level of staff compliment is still unknown, it is clear that 
there will be need to enhance the staff compliment to ensure that  the IP section of RDB can run 
efficiently and, in particular, that RDB can o ffer the relevant business information and business 
support services. Such new staff will also require training and exposure. 
(b) Computerisation and IT Support for the RDB and access to international databases 
 
68. Computerisation of documentation and operations is  a key priority for the IP section of RDB. 
Computerisation will increase efficiency, transpar ency and accessibility of reliable information.  
While consultancy services are already being procured  for the development of a comprehensive online 
IP database, there will be further short and medium te rm needs.  In particular, technical and financial 
support is required for procurement of equipment a nd specialised software; to cover the costs of 
scanning and archiving the old paper records; tr aining of staff; and to buy access to relevant 
international repositories and databases. 
(c)  Support for accession process to ARIPO 
 
69. The intention to join ARIPO so as to maximise  the internal capacity in Rwanda needs to be 
actualised and integrated at this early stage of RDB.   In this context, technical and financial support 
will be needed to help the RDB, MINICOM and th e Ministry of Foreign Affairs undertake national 
consultations including commissioning any studies, if necessary, and to undertake the necessary procedures for accession to ARIPO. IP/C/W/548 
Page 30  
 
   
6.  IP Enforcement 
 
70. The TRIPS Agreement includes detailed rules on the minimum enforcement requirements at 
the national level in WTO members.
31  In general, there is a broad agreement among WTO Members 
that the IP enforcement measures put in place shoul d be effective.  Howeve r, this understanding is 
circumscribed by three important principles.  It is  in the context of these pr inciples that enforcement 
provisions under Part III of the TRI PS Agreement should be understood.  
(a) The first principle is the recognition that  "intellectual property rights are private 
rights."32  This means that since IP enforcemen t relates to private property, except in 
criminal cases, it is not the responsibility of the state to defend each right but rather to 
provide the means for individuals and firm s to enforce their rights.  The second 
principle is the recognition that while th e TRIPS Agreement is intended to provide 
effective and appropriate means of enforcing IP, the structures to be put in place must take "into account differences in national legal systems"
33 and recognise the right of 
each WTO member "to determine the appropriate method of implementing the 
provisions of this Agreement within their own legal system and practice."34  
 
(b) Finally, is a principle based on the basic rule of treaty interpretation which requires 
that treaty interpretation must be done in light of the object and purpose of such a treaty.  The purpose and objective of the TR IPS Agreement, as set out in Article 7, is 
the protection of IP in order to contribute to technological innovation, the transfer and 
dissemination of technology.  This means that enforcement provisions should help 
ensure the achievement of these objectives.  When dealing with IP enforcement, it is 
particularly important to remember that  an innovator today may be an alleged 
infringer tomorrow and vice-versa. Consequently, except for clear criminal cases, IP 
disputes are disputes between legitimate bus inesses which all contribute to Rwanda's 
economy. 
 
6.1  Overview of current status 
 
71. The new IP Code includes extensive provisions  on enforcement and provides a range of 
powers to the judiciary and special tribunals, the police and customs authorities to address IP 
enforcement.  The law also seeks to provide safe guards for third parties in line with the TRIPS 
principles.  The promulgation of the new law also coincides with the inauguration of the Commercial 
Court branch of the High Court of Rwanda unde r whose jurisdiction IP issues fall.  These are 
particularly important developments for Rwanda.  The reason is that while there are increasing 
complaints regarding counterfeiting, there is very  limited technical and hum an capacity to address 
claims of infringement within the police and the customs department.  For example, currently the 
customs department has no capacity to distingui sh counterfeit products and relies wholly on the 
World Customs Organization (WCO) Regional Intellig ence Liaison Office (RILO) based in Nairobi 
for detection. RBS also has mini mal detection and testing capacity. 
                                                     
 
31 The whole of Part III of the TRIPS Agreement,  containing 21 articles out of the Agreement's 72 
articles, relates to enforcement.   
32  See the Preamble to the TRIPS Agreement, para 4. 
33  See para 2(c) of the Pream ble to the TRIPS Agreement. 
34 Article 1.1 of the TRIPS Agreement.  IP/C/W/548 
 Page 31 
 
 
  72. Within industry, while counterfeiting was cited as a problem, it did not appear to be an 
extreme case.  So far, there have been very few cases relating to IP infringement.  Since the creation 
of the Commercial High Court in May 2008 no IP  cases have been brought before them.  The 
situation may soon change, however, especially with the new IP laws.  During the interviews for the 
needs assessment exercise, the low level of IP cases previously was attributed to the level of damages 
payable for infringement and lack of awareness.  In criminal cases, the lack of testing and detection 
ability meant that it was difficult to surmount the requ irements of proof in court.  Beyond the national 
concerns, another key concern highlighted in the inte rviews was the impact of Rwanda's entry into the 
EAC market.  Anecdotal evidence suggests that the country is facing increasingly complex cases and 
that Rwanda exporters have to deal with issues  of infringement, particularly with respect to 
trademarks in other EAC countries. 
6.2 Priority needs for technical cooperation , financial assistance and capacity building 
 
73. A number of priority technical and financia l cooperation and capacity building needs were 
identified by key stakeholders.  These related to trai ning, equipment for detec tion and testing, public 
awareness and resources for the commercial courts. 
(a)  Public awareness campaigns 
 
74. There are both short-term and medium-term needs related to public education and awareness.  
In the short-term technical and financial support should be direct ed to developing and delivering 
programmes about the importance of innovation and creativity for the achievement of Vision 2020 
and the goals of EDPRS, the role of IP in the wider scheme and the provisions of the new IP Code. 
Particular emphasis will have to be given to flex ibilities, safeguards and exceptions.  In the medium-
term, technical and financ ial support will be needed to develop targeted programmes for the private 
sector and professional bodies, such as the law society, as well as the media. 
(b)  Training for enforcement agencies  
 75. Taking into account that the police, customs o fficials and judicial officers have many other 
responsibilities, there is a clear need for equippi ng key officials with knowledge about basic IP 
concepts including the use and importance of flexibi lities, the rights and obligations of rights holders 
and third parties under the law and, in the case of customs and police, detection methodologies.  
76. With the increasing complexity of  the cases that the enforcement agencies have to deal with 
there is also a clear need for technical and fina ncial support for advanced specialised training and 
courses for the police, customs authorities and the judi ciary.  In the medium to the long-term support 
will be required to enable the relevant offici als undertake refresher courses and courses in new 
detection and testing methodologies. 
(c)   Detection and testing equipment and manuals for key agencies 
 77. In the medium to the longer-term, financial and technical support is required to purchase and 
maintain basic detection and testing equipment for the police, customs and RBS.  Additionally, 
support will be needed for the development of IP en forcement manuals for all the key agencies.  Such 
manuals would provide a background to the law a nd international regulati ons, best practices and 
procedures in detection and testing, the rights and obligations of complainants and third parties and 
procedures for seizure and destruction of infri nging goods as well as key distinctions between 
criminal cases and civil commercial cases.  These manual could also include  information regarding 
any common procedures or coordination requirements in the context of the EAC customs procedures. 
 IP/C/W/548 
Page 32  
 
  (d)  Access to jurisprudence and research  resources for the Commercial Courts 
 
78. The court system plays an important role in arbitrating claims related to IP.  In Rwanda, as 
part of the comprehensive commercial law reform  a Commercial High Court has been set-up which 
will hear all commercial cases including most IP cases.  As already noted, while the court is yet to 
hear any IP cases, the enactment of the new IP C ode coupled with increasing private sector and public 
awareness is likely to lead to a growing number of IP related cases.  A key need for the court, in 
addition to training for judges, relates to access to ju risprudence and other reference materials.  While 
this need may be partly addressed by the establishmen t of an IP resource and information centre at 
MINICOM, the special needs of the High Court ar e unlikely to be fully addressed by the national 
reference centre.  A special IP section will be requi red to be set up in the Commercial Court library.  
This will require financial support not only for the pu rchase of some hard copy reference materials but 
also subscriptions to key legal resources. 
  IP/C/W/548 
 Page 33 
 
 
   
Attachment A:  Outline of the Rwanda Development and IP Capacity Building Project 
 
INTRODUCTION  
1. Rwanda, which has just adopted a new IP Policy and an IP Code, is determined to address the 
various technical and financial needs identified in the needs assessment study.  Drawing on the 
experiences of Uganda and Sierra Leone, Rwanda in tends to translate the needs assessment into a 
concrete technical assistance project to enable the country implement its IP Policy and IP Code and 
thereby move towards the implementation of th e TRIPS Agreement, taking into account its LDC 
status. 
2. This Attachment sets out the outline of propo sed project.  The outline includes: the overall 
project objective;  component objectives; main activities; proposed management structure; the 
expected results; and the approach to monitori ng and evaluation.  The full project design and 
development will require a national process for wh ich Rwanda will require interim technical and 
financial assistance. This prepar atory process, which would involve refining the activities, budgeting, 
management structure and the monitoring and evalua tion system, it is estimated, will take three (3) 
months. 
A.  O VERALL OBJECTIVE  
 
3. The overall objective of the Rwanda Developmen t and IP Assistance Project is to further 
integrate Rwanda into the global economy and world trading system by ensuring that the 
implementation of the TRIPS Agreement and relate d agreements in Rwanda is undertaken in a 
manner that ensures that IP laws, institutional stra tegies and practices contribute to building Rwanda's 
technological base and cultural industrie s and thereby national development. 
B.  COMPONENT OBJECTIVES  
 
4. There are seven (7) specific (component) objectives envisaged for this project.  These are: 
• Supporting the implementation of the national IP Policy; 
• Establishing  a baseline on the status of innovation and creative industries; 
• Developing balanced IP policies and stra tegies for public research institutions; 
• Further development of the national IP legisl ative framework including special laws for the 
protection of traditional know ledge and genetic resources; 
• Enhancing IP-related human r esource development and provision of on-job-trainings; 
• Providing equipment, training and educationa l resources on innovation, creativity and IP; 
• Developing and implementing public awareness programmes. 
 
C.   P ROPOSED ACTIVITIES  
 
5. A number of activities are planned to be undertaken under each component objective.  The 
annual prioritisation of activities will be done durin g the full project design and development.  As 
expected, the largest number of activities relate to  training.  The main activities under each component 
objective will, among others, include: IP/C/W/548 
Page 34  
 
  C.1   Supporting the implementation of the national IP Policy 
 
The activities would include: 
• A detailed review of the Rwanda IP Code fo r consistency with the new IP Policy; and 
• Establishing and coordinating the Rwanda Development and Intellectual Property Forum; 
 
C.2   Establishing a baseline on the st atus of innovation and creative industries 
 
The activities here would include: 
• A study to review the existing information and literature on the status of innovation and 
creative industries in Rwanda;  and 
• The design and undertaking of an innovation a nd creative industries survey for Rwanda, 
taking into account the results of the above study. 
 
C.3   Developing balanced IP policies and strategies for public research institutions 
 
The envisaged activities here include: 
• A review of IP policies and strategies in public  research institutions for consistency with the 
new IP Policy; and 
• Development of model IP clauses in research  cooperation agreements or memorandums of 
understanding (MoU). 
 C.4   Further development of the na tional IP legislative framework  
 
The main activities here would include: 
• National stakeholder consultations on trad itional knowledge and genetic resources; 
• Designing and drafting a special law for the protection of traditional knowledge and with 
respect to prior-informed consent and benefit-sharing for access to genetic resources in 
Rwanda; and 
• Revision, as necessary, of the Rwanda IP Code to ensure consistency with IP Policy and to 
address any other problems. 
 
C.5   Enhancing IP-related human resource d evelopment and provision of on-job-trainings 
 
The activities under this co mponent would include: 
• Training for the members of the Rwanda Development and IP Forum and other key 
stakeholders on the new Rwanda IP Policy and IP Code; 
• Development of specialised curricula on innova tion and IP management in public research 
institutions as well as for other government offici als in key ministries and agencies including 
– MINICOM, MINISPOC, RDB, the police, customs officials and the judiciary as well as senior industry managers; 
• Recruitment and training for new officers at RDB to offer industry support services; 
• Training for MINICOM on IP policy monitoring and research; 
• Establishment and maintenance of a secretariat for the Rwanda Development and IP Forum; 
• Foreign study tours and training for officers in key agencies; and 
• Designing relevant school curricula on IP. 
  IP/C/W/548 
 Page 35 
 
 
  C.6  Providing equipment, training and educ ational resources on innovation, creativity and IP 
 
The activities here would include: 
• Establishment and running of the Rwanda  IP Resource and Information Centre; 
• Procurement of IT equipment and training; 
• Purchasing and/or negotiation of access to key in ternational patent databases and repositories; 
• Development of IP enforcement manuals  for key enforcement agencies; and 
• Purchasing and/or negotiating access to IP jurisprudence and legal research resources. 
 
C.7  Developing and implementing public awareness programmes 
 
The main activities here would be: 
• Designing, developing and rolling out of an  industry awareness campaign possibly in 
cooperation with the Rwanda Private Sector Forum; 
• Designing, developing and rolling out a genera l public campaign on IP and development in 
Rwanda, including on the use of TRIPS flexibilities and on IP enforcement. 
 
D.  P ROJECT MANAGEMENT  
 
The project implementation will be coordinated and supported by a small management team based at 
MINICOM. The management team will procure the services of international consultants as needed 
and will be subject to overall oversight by  the Rwanda Development and IP Forum. 
 E.
  E XPECTED RESULTS  
 
The main expected results under this project can be summarised as follows: 
• A coherent and comprehensive IP policy, legi slative and coordination framework for Rwanda 
enabling the country to implement the TRIPS Agreement, taking into account its LDC status; 
• Enhanced understanding, awareness and use of IP  as socio-economic development tool in all 
sectors of Rwandan society; 
• Enhanced IP management capacity and exper tise across relevant government agencies 
including public research institutions; 
• Improved industry use of IP assets; and 
• Increased capacity for effective and effici ent IP administration and enforcement. 
 
F.  M ONITORING AND EVALUATION  
 
A robust monitoring and evaluation system wi ll be put in place to ensure the successful 
implementation of the project. In addition to periodi c reports, an external end-of-project review will 
be undertaken. Further phases of the project will need to reflect the outcome of the review. In both the 
case of the periodic reports and the final project review, the evaluation will focus not only on input 
and output indicators but also on outcome indicators. 
 
    
 
    IP/C/W/548 
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  Attachment B:  IP Stakeholder Map for Rwanda 
 
Public Sector (government ministries and agencies, universities and research institutions) 
• Office of the President 
• Minister in the Office of the President in Charge  of Science, Technology, Scientific Research 
and ICT 
• Office of the Prime Minister 
• Minister in the Office of the Prime Minister in Charge of Information 
• Ministry of Trade and Industry (MINICOM) 
• Ministry of Sports and Culture (MINISPOC) 
• Ministry of Agriculture and Animal Resources 
• Ministry of Finance and Economic Planning (MINICOFIN) 
• Ministry of Lands, Environment, Forestry, Water and Mines 
• Ministry of Education 
• Ministry of Health 
• Ministry of Justice 
• Ministry of Internal Security 
• Ministry of Foreign Affairs and Cooperation 
• Parliament (Senate) 
• Parliament (Chamber of Deputies) 
• Supreme Court 
• Commercial High Court 
• Police 
• Rwanda Science and Research Council (RSRC) 
• Office Rwandais D'Information (ORINFOR) 
• Rwanda Revenue Authority (Customs Department) 
• Rwanda Development Board (RDB) 
• Rwanda Agricultural Deve lopment Authority (RADA) 
• Rwanda Bureau of Standards 
• Privatisation Secretariat 
• Rwanda Academy of La nguage and Culture 
• Coffee Authority (ICIR-Cafe) 
• Provincial Governors 
• National University of Rwanda 
• Kigali Institute of Science and Technology (KIST) 
• Kigali Institute of Health (KHI) 
• Higher Agriculture and Veterinary Institute (ISAE) 
• Institute of Scientific and Technological Research (IRST) 
• School of  Finance and Banking (SFB) 
 
Private sector and non-governmental organisations 
• Rwanda Private Sector Federation 
• Media houses (TV stations, radio) 
• The Law Society 
 
International stakeholders  
• East African Community (EAC) 
• World Trade Organization (WTO) 
• World Intellectual Property Organization (WIPO) 
• African Regional Intellectual Property Organization (ARIPO)  IP/C/W/548 
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  • United Nations Conference on Trad e and Development (UNCTAD) 
• United Nations Development Programme (UNDP) 
• United Nations Industrial Deve lopment Organization (UNIDO) 
• United Nations Educational and Sc ientific Organization (UNESCO) 
• World Health Organization (WHO) 
• World Customs Organization (WCO) 
• The World Bank Group 
• The International Monetary Fund (IMF) 
 
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