RWANDA
Reported in 2017, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that investors encounter challenges in registering patents and having rules against infringement of their property rights enforced promptly due to weak enforcement of patents' rights, stemming from inadequate capacity and knowledge of intellectual property law by the justice sector.
Coverage Horizontal
RWANDA
Since August 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Rwanda is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
RWANDA
Since July 2024
Since September 2020
Since September 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 055/2024 on the Protection of Intellectual Property
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Law No. 055/2024 on the Protection of Intellectual Property establishes a clear framework for copyright exceptions, following the fair use model. This allows the lawful use of copyrighted works by others without the need for permission. Arts. 291–304 of the law detail these exceptions, which include, among others, private reproduction, temporary reproduction, quotation, reproduction by libraries, use for judicial purposes, importation for personal use, and reproduction for individuals with visual or other disabilities. Additionally, Section 4.7 of the Guidelines for Intellectual Property Registration underscores that the fair use doctrine permits the use of limited portions of a work—such as quotes—for purposes like commentary, criticism, news reporting, and scholarly research. This provision enables the use of protected works for educational, critical, and journalistic purposes without requiring consent from the rights holder. Prior to the enactment of Law No. 055/2024, the Guidelines for Intellectual Property Registration complemented Law No. 31/2009 on the Protection of Intellectual Property, particularly Arts. 203–215, which outlined limitations on economic rights, including a comprehensive list of copyright limitations and exceptions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240929002514/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/rw/rw038en_1.pdf
- https://web.archive.org/web/20220108104524/https://org.rdb.rw/wp-content/uploads/2020/09/Guidelines-for-intelectual-property-registration_compressed.pdf
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
RWANDA
Since July 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law No. 055/2024 on the Protection of Intellectual Property
Law No. 055/2024 on the Protection of Intellectual Property provides a framework for the effective protection of trade secrets. According to Art. 276, any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition, or use by others of secret information without the consent of the rightful holder and in a manner contrary to honest commercial practices constitutes an act of unfair competition. Under Art. 277 of the Law, an intellectual property owner harmed, or likely to be harmed, by an act of unfair competition has the right to initiate civil proceedings before the competent court or to request the cessation of such an act where, through an act contrary to honest industrial and commercial use, a manufacturer, trader, producer, or craftsman damages his or her credibility, takes away his or her customers, or harms his or her capacity for competition. Furthermore, as specified in Art. 380, any person who performs an act of unfair competition with respect to intellectual property commits an offence. Upon conviction, he or she is liable to a fine of not less than FRW 7,000,000 (approx. USD 5,300) but not more than FRW 10,000,000 (approx. USD 7,600).
Coverage Horizontal
RWANDA
Since April 2011
Since June 2016
Since June 2016
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Guidelines for Siting and Sharing of Telecommunication Base Station Infrastructure, 2011
Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies
Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies
Under the Guidelines for Siting and Sharing of Telecommunication Base Station Infrastructure (2011) and Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies, Rwanda has established a regulatory obligation for passive infrastructure sharing to support the delivery of telecommunications services to end users.
According to Section 4.2.4, when requested by another licensee, each operator or service provider must disclose complete information on the location and technical specifications of their towers within a maximum of 10 working days. Furthermore, within an additional 10 working days, the operator must grant escorted access to the site upon request by another licensee seeking to assess the feasibility of infrastructure sharing.
Furthermore, pursuant to Art. 71 of Law No. 24/2016 licensed network operators must share the use of their electronic communications infrastructures on agreed upon terms and conditions.
According to Section 4.2.4, when requested by another licensee, each operator or service provider must disclose complete information on the location and technical specifications of their towers within a maximum of 10 working days. Furthermore, within an additional 10 working days, the operator must grant escorted access to the site upon request by another licensee seeking to assess the feasibility of infrastructure sharing.
Furthermore, pursuant to Art. 71 of Law No. 24/2016 licensed network operators must share the use of their electronic communications infrastructures on agreed upon terms and conditions.
Coverage Telecommunications sector
RWANDA
Reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In 2013, the Rwandan government and Korean Telecom (KT) entered into a 25-year agreement to establish a 4G wholesale network in the country. As part of the partnership, the Rwandan government acquired a 49% stake in KT Rwanda networks Ltd (KTRN), with the remaining 51% owned by Korean Telecom.
Coverage Telecommunications sector
RWANDA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.28%
Coverage rate of zero-tariffs on ICT goods (%)
57.14%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
UGANDA
Reported in 2021, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Uganda does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, local authorities have indicated that, as early as 2009, goods valued at USD 50 or below have not been subject to import taxes in practice. This informal practice is not established in any publicly available legal or regulatory instrument and appears to be implemented through internal memos issued to staff for operational purposes.
Coverage Horizontal
Sources
- https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1&qid_92=1
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- Show more...
UGANDA
Since February 2019, entry into force in May 2019
Since January 2021
Since January 2021
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Data Protection and Privacy Act, 2019
Data Protection and Privacy Regulations, 2021
Data Protection and Privacy Regulations, 2021
According to Art. 29 of the Data Protection and Privacy Act and Section 15 of the Data Protection and Privacy Regulations, any person intending to act as a data controller or data processor must register with the Personal Data Protection Office (PDPO). As specified in Section 16 of the Regulations, data controllers and data processors are required to submit the following information for registration:
- State the name of the applicant;
- State the name and address of the applicant’s representative, where the applicant is a foreigner or situated outside Uganda;
- Specify whether the applicant is a data collector, data processor or data controller;
- State the address of the applicant;
- Specify the nature and category of personal data being processed or to be processed;
- Specify the purpose for which the applicant collects or processes personal data;
- Contain any other information that the Office may require.
This registration requirement, including the obligation to designate a local representative where the applicant is a foreigner or situated outside Uganda, applies to all digital operators, as confirmed by the recent Ssekamwa v Google LLC case, where Google was fined for failing to comply with these requirements.
- State the name of the applicant;
- State the name and address of the applicant’s representative, where the applicant is a foreigner or situated outside Uganda;
- Specify whether the applicant is a data collector, data processor or data controller;
- State the address of the applicant;
- Specify the nature and category of personal data being processed or to be processed;
- Specify the purpose for which the applicant collects or processes personal data;
- Contain any other information that the Office may require.
This registration requirement, including the obligation to designate a local representative where the applicant is a foreigner or situated outside Uganda, applies to all digital operators, as confirmed by the recent Ssekamwa v Google LLC case, where Google was fined for failing to comply with these requirements.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240910035632/https://ict.go.ug/wp-content/uploads/2019/03/Data-Protection-and-Privacy-Act-2019.pdf
- https://web.archive.org/web/20240105095936/https://pdpo.go.ug/media//2022/03/Data_Protection_and_Privacy_Regulations-2021.pdf
- https://www.dataguidance.com/news/uganda-pdpo-issues-decision-google-data-transfers
- https://www.linkedin.com/pulse/ugandas-first-data-protection-ruling-what-google-elison-0yeee/
- Show more...
UGANDA
Since March 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act No. 8 of 2011
The Electronic Transactions Act provides a comprehensive framework for consumer protection that also applies to online transactions. Sections 24-28 set consumer protection requirements for ICT suppliers, including providing relevant information such as the legal names, addresses of the supplier(s), price, description, and applicable warranties of products, as well as provisions for cancellation of electronic transactions.
Coverage Horizontal
UGANDA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Uganda has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
UGANDA
Since 2011
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Uganda has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
UGANDA
Since 2011
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Uganda has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
