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Ignorance of new intellectual property law killing creativity

Friday May 01 2015
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Gilbert Gabiro leads Neptunez Band in a performance. Music and film industries are one the most affected by copyright infringements. PHOTO | ANDREW I KAZIBWE |

There is still ignorance of the law and disputes arise on law enforcement and infringements, which hampers creativity and innovation, despite the country having the intellectual property law.

Music and film industries are among the most affected by copyright infringements but there have been other disputes on invention such as trademark disputes in the courts.

Experts define intellectual property as creation of mind which includes inventions, literary and artistic works, symbols, names, images, patents, trademarks, industrial designs and copyrights used in commerce.

April 26 was the Intellectual Property Day and this week Rwanda organised an artists’ forum to raise awareness on IP rights in the music industry and other areas.

“The IP law is still new but we should understand it and ensure its enforcement so that we can have a legal basis to say there has been infringement or not,” said Julienne Uwacu, Minister for Sports and Culture.

Rwanda’s Intellectual Property Law No. 31/2009 was enacted on October 26, 2009.

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Epa Binamungu is a veteran painting artist and the director of the Rwandan Society of Artists and Authors which aims to defend artists’ intellectual property rights and their works’ value. He says the local IP law is good but not understood by many.

“Some know their rights others don’t,” Mr Binamungu told Rwanda Today in an interview.

The creative industry players have accused some media houses of breaking the IP law.

“It’s not possible for a media house to claim that it does not know intellectual property law on music,” said Mr Binamungu. “It is illegal to play songs without musicians’ permission.

“If that happens, the law must be enforced.

“The major challenge that we face is that many creators and artists didn’t know there is an intellectual property law and it’s importance to protect their works.”

Copyright registration is free of charge but there are fees charged to register other types of invention. A trademark is Rwf50,000, industrial design is Rwf150,000 while a patent for an innovation is Rwf250,000.

The charge may be high, which could discourage innovation or cause some disputes as it would be easy to copy someone else’s invention.

Blaise Ruhima, a division manager at the Rwanda Development Board for intellectual property, said the RDB will reduce charges. “We know it’s a lot of money for Rwandans but we are reviewing the tariff.”

On ignorance of the law, he said: “We are sensitising people and raising awareness on intellectual property rights. Last year, we did a one-month campaign in the entire country.”

Some, like Kizito Mboneko, a local musician, however said they understood their intellectual property rights.