THE US-ISRAEL LEGAL REVIEW 2019

86 The US-Israel Legal Review 2019

ISRAEL: INTELLECTUAL PROPERTY

made to gain profit. A person installing means

of circumvention of infringement will not be

consideredas apersonwho shouldhave known that

the work was made public by way of infringement.

Special limitations on compensation without

proof of damages for internet infringement were

put in place. The amendment also addresses the

possibility of using orphanworks without affecting

There are several royalties collection societies in

Israelhavingmutualarrangementswithinternational

societies. These societies have a relatively active

practice of enforcement and litigation.

In a recent case (2017) the Supreme Court

addressed the issue of overlap of copyright and

design right. It was decided that copyright may

reside in different aspects of a product in parallel

to design rights depending on the intentions of the

creator at time of making the work. This decision

may affect howmerchandising rights are enforced.

CONCLUSION – CHALLENGES TO COME

The robust Israel IP systemprovides entrepreneurs

and innovators doing business in Israel with a

comprehensive IP toolkit. The specialization of the

courts in certain fields of IP may be underway in

view of initial legislative initiatives by the Ministry

of Justice to establish a copyright royalties

tribunal. On another aspect of enforcement, it

remains to be seen how the Customs exercises

its new power to stop and seize goods allegedly

infringing registered design rights in accordance

with the new Designs Law. Eventually, in view

of the high involvement of Israeli companies in

artificial intelligence innovation, the regulators

will be faced with addressing the implications

of this innovative technological field on IP, its

creation, registration and enforcement.

ABOUT THE IP PRACTICE AT NASCHITZ

BRANDES AMIR

The IP Group at Naschitz Brandes Amir comprises

of highly experienced practitioners who have

gained deep understanding of the essentiality of IP

rights in a knowledge driven economy and culture

to provide clients with a comprehensive toolkit to

deal with an ever-changing landscape where law,

technology and creativity meet.

The IP Group provides a full range of IP related

services, such as: strategizing IP portfolios;

trademarks, plant breeders’ rights and appellations

of origin; enforcement; litigation; trade secret law;

unfaircompetition;andtransactionalworkincluding

cross border licensing, due diligence reviews and

reports and freedom to operate opinions.

ABOUT THE AUTHOR

Asa Kling

heads the firm’s intellectual property

practice including registration prosecution and

litigation in courts, in arbitrations and before

the Israel patents office. Prior to joining the firm

Mr. Kling was the Director of the Israel Patent

Office and Commissioner of Patents, Trademarks

and Designs (2011–2017). Mr. Kling consults on

litigation and transactional issues pertaining to

all aspects of intellectual property. Mr. Kling is an

attorney-at law and a patent attorney and is well

versed in international intellectual property and

unfair competition laws.

CONTACT:

Asa Kling

T: +972-3-623-6001

E: akling@nblaw.com

Naschitz, Brandes, Amir & Co., Advocates

5 Tuval Street

Tel-Aviv 6789717

Israel