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Custom Recordal of IPRs in Israel

Israel

Custom Recordal of IPRs
Yes
No
Yes
The Customs Ordinance forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Israel.
Custom Recordal of IPRs is effective on both import and export of goods.
The role of the customs authority is to supervise imports and detect any infringing goods. It also acts upon the request submitted by the IP rights holder.
A complaint is to be filed with the customs authority with the requisite documents. The Customs authority then initiates a short procedure while agreeing to destroy the goods based on a written opinion submitted by the rights holder, in which it indicates the reasoning behind its belief that the goods are indeed infringing and provides that it will compensate the importer for any financial damage that may be inflicted as a result of the seizure, as well as joining Customs in any lawsuit initiated by the importer. Such circumstances include a small shipment. In some cases where the shipment includes a large number of goods or goods of higher value, the Customs authority initiates a standard procedure (in accordance with the TRIPs agreement), under which the rights holder must file a lawsuit. It is possible to settle the matter prior to filing suit. The settlement agreement between the rights holder and the importer must be authorized by a customs legal adviser.
The documents to be submitted are as follows:
  • A guarantee in which the trademark owner undertakes to indemnify the Customs and/or the importer for any unjust damages;
  • Photographs and/or catalogues of goods depicting the trademark, in order to enable the Customs to distinguish genuine goods from infringements;
  • Power of attorney;
  • The trademark extract from the Israeli (or international) patent and trademark registrar; and
  • Specific information regarding the importer and country of origin of the infringing goods, if available.
No
*The rights holder must submit a bank guarantee to the Customs in order to compensate the importer for any financial damage that may be inflicted as a result of the seizure or the filing of a lawsuit.
The Customs authority has a centralised system.
No
Yes
The Customs authority suspends the clearance of imported goods upon finding that the goods are infringing in nature.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
03 days when it is a short procedure and 10 days when the longer route is taken.
Yes
N/A
No
*a bank guarantee has to be submitted.
The bank guarantee to be filed along with the application will depend upon the Customs in consideration of each case subjectively.
The Customs authority either takes the matter in its own hands by destroying goods based on the written opinion submitted by the rights holder in case of a small shipment. In other cases, a civil suit has to be initiated.
Yes, in circumstances requiring standard procedure to be followed, the customs authority has to follow the order/verdict of the court after enjoining the parties. Amicable settlement before the parties is also an option if both do not wish to resort to court proceedings.
No
Yes
Any documents called upon by the court are required to be filed within the stipulated time.
The possible remedies awarded by court include destruction of goods or release of goods into channels of commerce after compensating the importer.
No