This study critically examines the protection of well-known marks under Rwandan intellectual property law, identifying significant legal ambiguities and practical challenges. Although the law requires actual use and registration to recognize a mark as well-known, it fails to define the concept of "use", resulting in conflicting interpretations among legal scholars. Some argue for a broad interpretation that includes descriptive and non-source functions, while others advocate for a more limited approach. This uncertainty weakens the legal framework, leaving well-known marks vulnerable to trademark dilution, where the distinctiveness and reputation of a mark are impaired through its use on unrelated goods or services.
The study further highlights that Rwanda's IP legal regime lacks clarity and consistency in addressing the protection of foreign and unregistered well-known marks, particularly in light of international obligations related to fair competition, national treatment, and most-favored-nation principles. The absence of specific ministerial guidelines governing the recognition and protection of well-known marks exacerbates this issue. Moreover, the law's insistence on territorial use contradicts global trends and best practices, such as Australia's "defensive trademark" system, which acknowledges reputation without actual use.
Globalisation has challenged traditional notions of territoriality in trademark law, prompting a need for legal harmonisation. This research underscores the importance of aligning Rwandan law with international standards to ensure the effective protection of well-known marks. Through comparative legal analysis, particularly with reference to common law jurisdictions, this study seeks to propose legal reforms that address current inconsistencies and enhance the country's commitment to fair and competitive trademark practices.
- Quote paper
- Samuel Asiimwe (Author), 2022, Recognition and Protection of Well-Known Marks under Rwanda’s Intellectual Property Law, Munich, GRIN Verlag, https://www.grin.com/document/1594418
