“PROTECTING AFRICAN INNOVATION: INTELLECTUAL PROPERTY RIGHTS IN RWANDA’S DIGITAL ERA”

by Frank TSAGUE

According to the World Intellectual Property Organization (WIPO), intellectual property refers to creations of the mind, such as inventions, literary and artistic works, and designs, that are used for commercial purposes. Protecting these creations aims to encourage innovation and creativity, while also allowing creators to gain recognition and financial benefits from their work.

In today’s digital age, where access to various types of media and the ability to share them with others has greatly increased, protection of Intellectual Property Rights (IPRs) has become more important than ever. The rise of digital technology and rapid technological advances have affected all areas of life—including how intellectual property is created, shared, and protected. These changes can have positive effects, like making knowledge easier to spread and helping improve existing ideas through faster access to original works.

However, not all impacts are positive and Intellectual property rights now face new kinds of threats. Further, enforcing these rights can be expensive and difficult, often involving investigations and legal actions with uncertain outcomes. In Rwanda, the current law No. 055/2024 of June 20, 2024 on the protection of intellectual property shows the country’s efforts to support innovation and protect creativity in line with international standards (…). However, despite these measures, Rwanda is not immune to the global challenges facing intellectual property in the digital era. It is therefore essential to understand the new challenges to intellectual property rights and explore the solutions available to both governments and rights holders as an efficient and effective response.

1.  Modern challenges to protection of Intellectual Property Rights

1. Digital Piracy

The digital era has given rise to rampant piracy and unauthorized distribution. Content creators, from musicians to filmmakers, including authors and researchers (piracy of books and journals), all of them grapple with the challenge of protecting their copyrighted material. For instance, a detailed investigation conducted by a global leader in digital platform security found that in just three months in 2024, there were 17.4 million visits to the top 10 piracy websites in only five African countries¹.

• Territoriality of protection vs blurring borders by Internet

A patent is essentially a right provided by a government within its own jurisdiction². It does not have any effects outside that country. As a result, thanks to internet, the same invention can be reproduced easily and cheaply elsewhere. The patent holder will then be forced to recreate his invention in each and every country where he wishes to have patent protection. this, of course, comes at a considerable cost, and does not always protect the owner of the rights from infringement.

• Technological progress and rise of IA

Technological developments now make it possible to create from software or an application. The advent of artificial intelligence now makes it possible to design photos, books, music, videos, etc., all from within a single application. Current intellectual property laws require that application to patent must be processed by a person, defined as a natural person or legal entity whether public or private³.  But what happens when AI generates an innovative product or process? Who shall apply for it? Who benefits and/or may claim protection for rights issued from this product?

1. Solutions to threats to IPRs in the digital age

Various solutions can be found to combat the threats to IPR in this new era. Like any other country, these can be the responsibility of the State of Rwanda, but also of the businesses and individuals holding those rights.

1. At the state level

1. Strengthen international cooperation by ratifying the WIPO Copyright Treaty and the Performances and Phonograms Treaty. This would, for example, help protect intellectual property rights not only in Rwanda but also in all other member countries around the world.

• Adapt existing legal frameworks to better address the current technological revolution. This could be done, for instance, by updating current laws or adding new sections that focus on emerging technologies and their impact on intellectual property protection.
  Examples include creating laws that promote, regulate, and support the use of Digital Rights Management(DRM)systems.
  It could also involve passing legislation on the use of Artificial Intelligence (AI) in law enforcement, particularly in detecting and responding to violations of intellectual property rights. Some research found that AI-powered tools can reduce the infringement detection time by up to 70%⁴.

• To devise a continental strategy for the protection of IPR within an African Digital Single Market as promoted by AfCFTA. The Digital Single Market (DSM) aims to remove barriers to the online economy and enable individuals and businesses to access and engage with the digital world more easily, securely and efficiently, regardless of their location in the region⁵. Such an initiative would, for example, provide a solution to the problem of territoriality across African region, but also, and above all, standardize practices and methods for protecting these rights.

• At the level of Businesses and individuals

Use of Technology tools: owners of IPRs can use digital watermarking, encrypted content delivery, and forensic marking to protect films from unauthorized copying, distribution. Another tool is Blockchain, which offers a secure, unchangeable record of intellectual property transactions, helping to verify ownership and transfers. This provides an efficient way to manage and protect IP without the need for government oversight.

Regular Audits through conducting regular IP audits helps ensure compliance with policies and identifies potential vulnerabilities, allowing for timely corrective action⁶.

Conclusion

The digital age we live in has brought both opportunities and challenges for protecting intellectual property rights (IPRs). It’s clear that we cannot stop or slow down this digital transformation, but we can manage its impact. To face the ever-growing and evolving threats it brings, it’s not enough to view intellectual property through the lens of today’s technologies—we must also anticipate and prepare for the new rights and challenges emerging in this field. More than ever, there is a need to invest in public education and awareness. Equally important is the need to seek guidance from legal professionals who specialize in intellectual property law.

Despite preventive laws in place, violations of intellectual property rights remain common, posing a constant threat—not only to the rights’ owners but also to the spirit of innovation and creativity that intellectual property systems aim to promote.

1. https://www.linkedin.com/pulse/never-ending-battle-why-africa-must-collaboratively-egg4e/ ↩︎
2. Art 36 Rwandan law on IP, 2024 ↩︎
3. Art 2 and followings of Rwandan law ↩︎
4. Shashidhar & Others, AI-Powered Patent Infringement Detection: A New Era of IP Protection, International Journal of Research Publication and Reviews, February 2025 ↩︎
5. Fitria Damayanti & Al, Harmonizing copyright in the EU’s digital single market: benefits and barriers, Journal of Law & policy transformation, Dec 2024 ↩︎
6. Abubakari Saddiq ADAMS, Protecting Intellectual Property in the digital age: Strategies for businesses, https://thebftonline.com/2024/07/29/protecting-intellectual-property-in-the-digital-age-strategies-for-businesses/ ↩︎