The IP strategy entrepreneurs need to master for unbreakable market leadership

Introduction

Mikoani Trading Ltd and Bahresa Grain Milling Rwanda Limited were engaged in court proceedings over an intellectual property case approximately a decade ago.

As a Rwandan intellectual property (IP) and business lawyer, in my practice over the years, I have noticed a critical disconnect between entrepreneurial ambition and foundational legal strategy, particularly regarding intellectual property protection. Rwandan law on the protection of intellectual property (the “IP Act”) protects intellectual property, including marks, inventions, industrial designs, and copyrights.

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Yet, many new entrepreneurs postpone securing these core assets until financial resources or market growth demand it, mistakenly viewing initial IP investment as optional rather than a strategic necessity.

I have observed that multinational corporations (MNCs) entering the Rwandan market prioritise immediate IP protection. Their first step after deciding to invest or distribute their products or services in Rwanda is to register their brands in Rwanda either directly through local registration, or through international systems like the Madrid System.

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This practice by MNCs is imperative because the IP Act operates on a first applicant principle. Under this principle, the Office of the Registrar General responsible for the protection of intellectual property in Rwanda (the “IP Office”), may lawfully register a mark for any party that files first in Rwanda, even where the mark is internationally well known but has not yet been registered on the Rwandan market.

This position is illustrated in Mikoani Trading Ltd v Bahresa Grain Milling Rwanda Limited, where Bahresa Grain Milling Rwanda Limited registered the Azania trademark in Rwanda in 2013. When Mikoani Traders Ltd later attempted to claim rights over the mark based on prior use and registration in Tanzania, its claim failed, and in 2015 the Commercial Court of Nyarugenge upheld Bahresa’s registered rights over the trademark. The case proves that prior use, without registration in Rwanda, is insufficient to defeat a valid trademark registration obtained under the first-to-file system. Entrepreneurs should therefore treat IP registration as an initial business step, no different from company registration or opening a bank account.

The Power of a Brand: More than Just a Logo

The commercial face of a business, its brand, is often its most valuable intangible asset. This asset is affixed in the trade name, brand name, and trade mark, which together serve to identify and distinguish goods or services from those of competitors.

The initial step must be choosing a distinctive trade mark. A trade mark is eligible for registration when it is distinctive, non-imitative, non-confusing, and not descriptive. Choosing a coined, arbitrary, or suggestive name meets the requirements of a trade mark which stands out in the market.

Formalising Protection: Registration as a Non-Negotiable Starting Point

Once a unique trade name is selected, it must be formally secured. The registration of a trade mark confers on the owner exclusive rights to use that mark in the Republic of Rwanda and to prevent unauthorised use by others. Without these exclusive rights, the profits generated by innovation can be rapidly imitated and eroded by rivals, allowing others to appropriate the returns the innovator worked hard to achieve.

The Real Cost of IP — And Why It’s Worth It

The official fees required to secure IP protection in Rwanda are deliberately kept low. For instance, the protection of copyright and related rights is provided free of charge. An application for a patent with a final specification is only Rwf30,000 (approx. $20). An application to register a trademark costs Rwf35,000 (approx. $24) for one international class of goods and services, while each additional class costs Rwf3,000 (approx. $2).

Entrepreneurs should not allow perceived high legal costs associated with IP lawyers to delay early registration of their intellectual assets. While professional assistance may be required for preparing applications like patents and for subsequent renewals to ensure strong protection, the misconception that IP protection is expensive often stems from misunderstanding where costs actually arise. Official fees, and fees paid to legal counsel, are generally minimal when measured against the scale of future profits obtained from establishing IP and brand security.

IP: The Foundation of Enduring Business Value

IP assets, including trademarks, patents, and designs, account for a significant proportion of the value of most major corporations. Global entities survive precisely because of their brands; for example, marks owned by Apple have been estimated at over $570 billion, and brands such as Microsoft and Google are regularly listed among the world’s most valuable intellectual assets (Brand Finance, 2025).

For entrepreneurs seeking sustained success, registering IP assets is like securing a land title before construction begins. The land title does not create the building itself, but it establishes legal ownership of the ground on which everything stands. Without that land title, no matter how much time, creativity, or capital is invested, anyone who holds the land title can lawfully claim what has been built on it.

Don’t Leave Your Foundations Vulnerable — Next Steps

To ensure that business foundations are unbreakable, entrepreneurs are encouraged to conduct a comprehensive IP audit to confirm that their IP assets are registered with the IP Office.

The author is a Corporate and Legal Services Lead at Andersen, a tax, legal, and business advisory firm in Rwanda.