Safeguarding Cultural Heritage: Protecting Traditional Knowledge in view of the Intellectual Property Framework in Rwanda

Rwanda boasts an array of rich traditional knowledge (TK), but such TK is not well protected in the current legal setting, which is based on the Law n° 055/2024 and mainly focuses on individual ownership, novelty, and fixed periods that do not fit TK’s communitarian, eternal, and intergenerational characteristics. The primary aim of the paper is to analyze the possibility of TK protection being a supporting factor to the IP framework of Rwanda through the application of doctrinal research methods. It shows that the existing laws on cultural heritage do not include enforceable benefit-sharing and prior informed consent, thus opening the door to misappropriation, as in the case of Akagera Medicine, which patented the usage of community therapies. A distinct legal system that is compatible with Rwanda’s IP regime is proposed by the paper; among its features are legislative amendments that recognize communal ownership, unlimited protection, exclusions for misappropriated TK, a secure TK registry, a specialized Rwandan Traditional Knowledge Authority (RTKA) for supervising and settlement of disputes, and making it consistent with international flexibilities (TRIPS, Nagoya Protocol) and best practices (India’s TKDL, Kenya’s community rights). A hybrid approach is recommended, which would combine cultural conservancy and innovation, whereby the former would be achieved by cutting down on the use of the TK through the promotion of TK-based business and giving the latter compliance. The paper finally states that once these actions are put in place, the communities will be empowered, will not suffer from biopiracy, and Rwanda will be recognized as a forerunner in the ethical use of TK for sustainable development under Vision 2050.