Traditional Knowledge Laws: Rwanda
Title | Law No. 31/2009 on the Protection of Intellectual Property |
Subject Matter | Traditional Cultural Expressions |
Issue(s) | Subject Matter of Protection; Scope of Protection |
Type(s) of Legislation | IP Law |
Subject Matter of Protection
Article 5 - Definition of terms applicable to copyrights and related rights
(11) "expression of folklore" group-oriented and tradition-based creation of a community or individuals developed and perpetually exercised on the territory of Rwanda, reflecting the expectation of the folk arts of such a community. These are:
a) folktales, folk poetry, and folk riddles;
b) folk songs and instrumental folk music;
c) folk dances and folk plays;
d) productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terra-cotta, mosaic, woodwork, metalware, jewelry and indigenous textiles;
(24) "inspired work from folklore" work exclusively created on basis of the elements borrowed to the Rwandan folklore.
Article 195 - Protection of original works
Literary and artistic works that are original intellectual creations in the literary and artistic domain are subject to protection granted by this Law, including in particular the following works:
12) works deriving from Rwandan national folklore.
Article 196- Protection of derivative works and collections of works
The following shall also be protected as works and collections of works:
1) translations, adaptations, arrangements and other transformations or modifications of works and the works of expressions of folklore;
2) collections of works, works of expression of folklore or of simple facts or mere data like encyclopedia, anthologies, collections of data, whether in machine readable readable or other form, provided that such collections are original intellectual creations by reason of the selection or arrangement of their contents.
The protection of any derivative work shall be without prejudice to any protection of a pre-existing work or expression of folklore incorporated in or utilized for the making of such a work.
Scope of Protection
Article 201 - Economic rights of work derivative from folklore
Expressions of folklore are part of the national culture and heritage.
The use, for profit making purposes, of work derivative from Rwandan national folklore shall be made in return for payment of royalties in the conditions determined by the empowered authority.
Any transfer of ownership in whole or in part, for profit making purposes, of work derivative from Rwandan national folklore or any exclusive license concluded on such work, for profit making purposes, shall be made in return for payment of royalties in the conditions determined by the empowered authority.
A part of funds equal to twenty five per cent (25%) collected in accordance with this article is reserved to activities of creative works promotion.
Article 289 - Protection of plants discovery, genetic resources, traditional knowledge and folklore
The protection of discovery of plants, genetic resources, traditional knowledge and folklore is granted by a related special law.