technologies, goods, and services. More specifically, the government can use its purchasing power to promote
services that will be developed for uses beyond government and advance the production of certain goods and
services for solutions to existing problems. In this context, government procurement rules can be strategically
utilised with respect to promoting IP and innovation.
In Rwanda, procurement should be strategically used in order to promote local brands, inventions and creative
works. The government should also adopt proactive measures with respect to dealing with the IP created by
contractors working for the government. In such cases, the government has the option of taking the ownership
of the IP created or share it with the contractor. Ownership of the IP by the government allows the government
to license or determine the future exploitation of the IPRs, in particular, where the government wants to transfer
the know-how and technology to potential local suppliers or in cases of public interest, such as supply of
educational materials.
7.3 Strategies for Participation in International IP Negotiations and Organisations
While IPRs remain territorial, the nature of the rights and the requirements for enforcement are today largely
determined by the requirements of multilateral treaties and decisions in international organisations. The TRIPS
Agreement and the various WIPO administered treaties, to which Rwanda is party, and the decisions in WTO,
WIPO as well as other international agencies. The achievement of the overall policy goal in the area of IP and
the realisation of the specific policy objectives set will, therefore, both depend on the nature and requirements
of any new treaties as well as Rwanda’s engagement in the relevant organisations. In particular, the objectives
related to facilitating the upgrading of technological skills, facilitating access to foreign technology and access
to essential goods and services will significantly depend on the international environment.
Though Rwanda has been an active participant in the Council for TRIPS at the WTO and, at times in WIPO, the
realisation of its IP Policy objectives will require a more active engagement in IP negotiations in WTO, WIPO
and IP related policy-making in WHO, FAO, UNESCO and WCO, among others. Considering, the stated
priorities in health and agriculture particular emphasis, in the short-term should be focused on the processes
linked to the implementation of the WIPO Development Agenda, the WHO Global Strategy and Plan of Action
on Public Health, Innovation and Intellectual Property Rights and the implementation of FAO’s International
Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). In terms of engagement in
negotiations, Rwanda’s active participation will be helped by working through and with the African Group in
the various agencies as well as participating in various issue-based alliances – South-South and North-South.
Beyond shaping policy and ensuring that international processes reflect the requirements of Rwanda’s policy
objectives, such engagement will ensure that Rwanda can procure the needed technical and financial assistance
from the international partners to pursue its IP objectives.
7.4 Needs-based and Coordinated Technical Assistance and Capacity Building
The implementation of Rwanda’s IP Policy objectives will require significant scaling-up of the country’s
technical and human capacities on IP as well as the financial resources. While the country has some level of
technical and human capacity in this area and has shown itself ready to commit financial resources to STI,
additional technical, human and financial resources will still be required. To procure the relevant and suitable
assistance requires Rwanda not only to be proactive is seeking this assistance but having clarity on its priorities
and coordinating delivery and evaluation. The needs assessment diagnostic, which has already been undertaken
with the support of the International Centre for Trade and Sustainable Development (ICTSD), has laid a firm
basis for going forward. The needs assessment should be submitted to the WTO Council for TRIPS as early as
possible. The implementation of the resulting programme will be a critical component in helping achieve the
various IP Policy objectives.
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