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Enforcement of IPRs in Israel


Enforcement of IPRs
Physical and online availability of counterfeit goods are the causes of 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.
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.
Trademarks, Designs, Patents, GIs, Copyright are the types of IPRs protected by IPR enforcement measures.
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.
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.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
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.
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.
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.
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.
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.
The remedies available under border control measures (customs) include seizure and disposal of goods.
The IP rights holder must bear the costs of customs intervention during enforcement.
Initiating court proceedings is the best practice for enforcement of IPRs in Israel.
Enforcement of IPRs in Israel is time-consuming and unpredictable; although the courts are IP-friendly.