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IP Law in
Israel -
Overview
Intellectual property (IP) is a key economic driver of the innovative Israeli economy.
And indeed, IP-related business activity including the development and sale of IP-
based technologies and products, out-licensing of IP, investment into IP-based
ventures and acquisition of such companies played a major role in creating a robust
local economy, with a high GDP and large foreign currency reserves. It is the IP-friendly
legal environment and thriving entrepreneurial community that have facilitated this
huge national transformation.
The roots of IP laws in Israel stem from both original Israeli legislation and updated
versions of British legislation during the British mandate period. Although there are
no specialized IP courts in Israel, the courts are generally IP-friendly. In respect of
counterfeits, for example, rights holders can enforce their IP rights with the availability
of expeditious judicial interim injunctions and the possible assistance of governmental
agencies such as the police and the customs authority
Patents, Designs and Plant Varieties
The Patents Law, 1967 is an original Israeli statute incorporating such principles as the
requirement for absolute novelty and has been amended to reflect Israel’s international
obligations, such as the Patent Cooperation Treaty. Amended in 2011-12, the Patents
Law saw a wave of substantial changes, including the introduction of early publication
of patent applications. A patent application and its file wrapper will now be open for
public inspection after a period of 18 months from the filing (or priority) date. The
amendment also introduced the right to collect reasonable damages for infringements
that occurred between early publication and publication of the patent application’s
acceptance. In January 2014 the Patents Law was amended again and introduced a
significant reform in the patent term extension (PTE) system.
The Law governing the protection of Industrial Designs in Israel is currently the Patents
and Designs Ordinance of 1924, which supports concepts such as local novelty;
however, on 13 July 2015, a new Designs Bill passed its first reading in the Israeli
Parliament. When finally enacted the new Designs Law will modernize the protection
of designs in Israel. Some of the major provisions of the Bill include new definitions for
a "product" encompassing graphic symbols and typographic typefaces, international
novelty unregistered designs protection, grace period and provisions for Israel’s
accession to The Hague Agreement.
Rights in new plant varieties are governed by the Plant Breeders Law, 1973.