What are the causes of counterfeiting and piracy in Israel?
Physical and online availability of counterfeit goods are the causes of counterfeiting and piracy in Israel.
Which are the goods that most often face counterfeiting and piracy in Israel?
Counterfeit medicines and devices, food stuff, apparel, etc are the goods that most often face counterfeiting and piracy in Israel.
Does Israel have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Israel for the enforcement of Intellectual Property Rights?
They are as follows:
The Patents Law 5727-1967 (as amended) (Patents Law). The Patents Law replaced the Patents and Designs Ordinance of 1924, which dated back to the British mandate for Palestine before the establishment of the modern state of Israel;
The Patents Regulations (Procedures, Documents and Fees), 5728-1968, which is an act of secondary legislation implementing the Patents Law;
The Civil Procedure Rules, 5744-1984 as amended, which is an act of secondary legislation enacted by the government that regulates the litigation process;
Israel’s trademark registration and enforcement is governed by the Trademarks Ordinance (New Version) 1972 and the Trademark Regulations 1940. The 1972 Trademark Ordinance (New Version); the 1940 Trademark Regulations; the 1987 Trademark Regulations (Appeals before the District Court); the 2007 Trademark Regulations (Implementation of the Madrid Protocol); the 1929 Merchandise Marks Ordinance; the 1965 Protection of Appellation of Origin and the Geographical Indications Law; and the 1999 Commercial Civil Wrongs Law, Section 1 – Passing Off.
What are the different types of IPRs protected by IPR enforcement in Israel?
Trademarks, Designs, Patents, GIs, Copyright are the types of IPRs protected by IPR enforcement measures.
What are the general IPR enforcement obligations in Israel?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
The essential to-dos include preparing the drafts and collecting evidence before hand since trials are usually longer and it is best to avoid delays arising out of such issues.
Is there any limitation period for filing an infringement action?
Yes; there is a seven-year limit for filing an infringement action, which is prescribed by law starting on the date the cause of action occurred. Where brand owners remain unaware of an infringement, the limitation period starts on the date that the infringement was brought to their attention. Relevant case law holds that each act of infringement gives rise to a new claim, making it possible to file an infringement action seeking injunctions after the seven-year limit; however, damages can be recovered only for the seven-year limitation period.
Which of the following IPR enforcement channels is/are available in Israel?
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Israel?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Israel than the ones mentioned above? If yes, then kindly explain in brief.
The court may also order the transfer of ownership in the infringing assets to the plaintiff, in consideration of their real value, had an infringement not occurred.
What is the approximate timeline of civil litigation related to IPR enforcement in Israel?
The typical timeframe for a trademark infringement or dilution action from the filing of a claim until the issuance of a decision is 02 to 03 years in the first instance and 02 years on appeal. Applications for interim relief may be resolved within weeks or sometimes several months.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Israel? If yes, then kindly give 2-3 points?
Is criminal prosecution available in Israel for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Israel corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Magistrates Court, Police, Supreme Court
B) Imprisonment Term - Up to 03 years
C) Monetary Fine - 100,000 shekels- 1.4 million Shekels, for infringements under the Copyright Law, the Designs Law and the Commercial Torts Law (statutory damages are only available if prescribed by statute, and accordingly do not apply to trademark infringement). It should be noted that multiple infringements of the same right (e.g., making many copies of a single work) do not entitle the plaintiff to receive multiple statutory damages.
Are there any other criminal remedies available in Israel than the ones mentioned above? If yes, then kindly explain in brief.
A unique remedy in Israel is the ability of the IP owner to file a private criminal complaint in a magistrates' court against the alleged infringer. In such case, the court may impose similar sanctions to those imposed in a criminal proceeding conducted by the state.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Israel? If yes, then kindly give 2-3 points?
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Yes; The Israeli Patent Office (ILPO) and the World Intellectual Property Organization Arbitration and Mediation Center collaborate to raise awareness and also promote ADR options to court litigation to resolve IP and technology disputes in Israel.
Are border control measures (customs) available in Israel for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Israel?
The remedies available under border control measures (customs) include seizure and disposal of goods.
Who must bear the costs of customs intervention during enforcement?
The IP rights holder must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Israel?
Initiating court proceedings is the best practice for enforcement of IPRs in Israel.
Are there any risks involved in the enforcement of IPRs in Israel? If yes, then kindly give 2-3 points.
Enforcement of IPRs in Israel is time-consuming and unpredictable; although the courts are IP-friendly.