Rwanda Releases New Tariff Levels On IP, Signs UPOV 91 Biotech Rules 06/06/2016 by Hillary Muheebwa for Intellectual Property Watch Leave a Comment Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)The government of Rwanda has revised the fees and cost to be paid for the registration of different categories of intellectual property rights. The changes mean lower fees for all types of IP rights, and gives more time to oppose registrations. Rwanda also enacted a law on seeds and plant varieties. Rwanda Development Board headquarters The revised cost tariffs are contained the Ministerial Order Determining Fees Payable for Registration Services of Intellectual Property, published towards the end of April. The two other ministerial orders published at the same time are: The Ministerial Order Determining the Timeframe Provided for Granting of Unilateral License, A Compulsory License and Opposition to Registration of Intellectual Property; and the Ministerial Order Determining the Form and Content of Power of Attorney for the Industrial Property. The three ministerial orders are already in effect. The orders were released in a special gazette notice setting out recently promulgated laws. The gazette notice was drafted in three languages: Kinyarwanda, French and English. The order was released the Ministry of Trade and Commerce, the government ministry in charge of policy-making, policy implementation and monitoring of industrial property office. The Ministry of Culture and Sport focuses on policy-making, policy implementation and monitoring of Copyright and Related Right. While Rwanda Development Board, (RDB), is in charge of the daily management of IP. Intellectual property rights in Rwanda are governed by the Intellectual Property Act, which was introduced in 2009. Addressing journalists during this year’s World Intellectual Property Day celebrations in Kigali, Blaise Ruhima, division manager, Intellectual Property at RDB, said there has been a significant increase in registration of intellectual property works since the law passed. The ministerial order determining the fees payable for registration services of an intellectual property right was last issued in 2010. Reduced Official Fees The new schedule of costs shows a marked reduction in official fees for registration and related costs relating to the registration and renewal of trademarks, utility models, industrial designs, geographical indications and patents. According to the new fee structure, application for a protection of a patent with a provisional specification, after formal examination, will cost 10,000 RWF, about US $14. The protection of copyright and related rights remains free of charge. Revised Opposition Timelines and Requirements In the Order, the timeframe by which one can oppose an application for registration of a trade mark or geographical indication is now 60 days from the date of publication of the application, increased from 30 days. Article 3 of Ministerial Order provides that upon receipt of an opposition, the applicant for registration of a trade mark application or geographic indication has 14 days to submit a written response about the content of the opposition. Prior to the publication of the new Ministerial Order, no specified period had been stipulated, in terms of the IP legislation, regarding the timeframe within which an applicant is required to respond to an opposition. Article 4 of the Ministerial Order now expressly provides that an opposition for intellectual property registration must contain the following information: identity of the applicant, object of opposition, detailed reasons for the opposition, material evidence of the grounds for opposition, power of attorney if needed, and the date and signature of the applicant. Every registered intellectual property is to be published in the Official Gazette of the Republic of Rwanda and on the website of the Office of the Registrar General. Seeds and Plant Varieties Law Promulgated After a sustained campaign by the African Regional Intellectual Property Organisation (ARIPO) for member states to pass laws regulating seed and plant varieties, the Rwandan government last month signed into law the seeds and plants varieties act. The new law titled; Governing Seeds and Plant Varieties in Rwanda, provides for the recognition and protection of seed and plant varieties and plant breeders rights. A law had been passed in 2003, regulating the production, quality control and commercialisation of seeds but there was no intellectual property protection for seed and plant varieties and plant breeder’s rights. Anyone who is dealing with activities relating to seeds and plant varieties prior to 20 April 2016 has been given a 12-month period, calculated from 20 April 2016, the date of publication of law in the Official Gazette, to comply with the requirements set out in terms of the new law. According to the law, the plant breeder’s rights will be registered and maintained on the register by the Registrar of plant breeder’s rights. A plant breeder’s right is granted for a period of 20 years from the date of granting of the right. For trees and vines, the rights last for 25 years from the date of granting of the right. ARIPO’s plant variety protection protocol is based on the International Union for the Protection of New Varieties of Plants, (UPOV 1991). 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