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The US-Israel Legal Review 2019 85
international registration of marks. Since then
the overall amount of trademark applications in
Israel grew by 20%, while the amount of classes
applied for grew by more than 100%. Over the
past 5 years foreign applicants steadily account for
~75% of all trademark registration applications
in Israel. During this period Israeli applicants
have constantly increased their use of the Madrid
protocol as ameans to obtain trademark protection
outside of Israel (rank 35th globally in 2016).
Trademark examination for registration
in Israel is conducted on relative as well as on
substantive grounds. Recent streamlining of the
examination process as well as training additional
examination personnel have contributed to the
considerable reduction of the pendency and
examination times in the ILPO’s trademark
department. Reportedly, on average a trademark
registration may be obtained anywhere between 9
– 12 months. Expedited examination may provide
for allowance within days or very few weeks (any
allowance is followed by a three month pre-grant
opposition period).
Israel is a member of the Lisbon Agreement.
The Appellations of Origin and Geographical
Indications Law provides for the registration
of Appellations of Origin and for the protection
of Geographical Indications (GI). GIs are not
registrable
per se
but may be subject matter
of a trademark registration made under the
Trademarks Ordinance. The courts tend to enforce
registered AOI rights over trademark rights (in
2015 the District Court cancelled a trademark
registration of a water distributor for a mark
containing the word ‘Champagne’) though the
scope of GI rights were construed in a limiting
fashion (The supreme court allowed in 2008 the
registration of a trademark for ‘Darjeeling’ despite
the opposition of the Indian Tea Board). To date,
out of the 1120 registered AOIs, Israel enjoys only
one registered AOI – “Jaffa” for citrus fruit.
COPYRIGHT AND NEIGHBORING RIGHTS
Copyright law is governed by the relatively
new Copyright Law of 2007 which replaced
longstanding
British
Mandate
Ordinances
(whereas the 1924 Ordinance still remains in force
with regards to recordable media other than for
computer use, e.g. blank tapes). Neighboring rights
are governed by the Performers and Broadcasters
Rights Law of 1984.
A recent amendment from January 2019 to
the Copyright Law which is to come into force in
September 2019, provides for internet service
providers a ‘take down’ procedure under the law
which is subject to a court order. A person claiming
copyright infringement on the internet may
petition the court to order the internet service
provider to reveal the infringer’s identity under
a certain balance of interests. The amendment
provides for a detailed process of transfer of
information from the internet provider and the
court has the power to consult with experts who
can advise on actually identifying the infringer
based on available information. In any event, the
court may require the alleged infringer to respond
to the petition and have the chance to persuade
the court not to identify the infringer. How this
elaborate procedure will play out is yet to be
seen. Nevertheless, it is anticipated that copyright
proprietary rights will enjoy precedence in cases
of online infringements.
The said amendment also provides for indirect
infringement liability where a work becomes
publicly available where such distribution is
ASA KLING
PARTNER AND HEAD OF IP