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(USPTO) and the Israeli Patent Authority (IPA), the IPA was declared as an
International Searching & Examining Authority (ISEA) for PCT applications filed at
the USPTO. This reflects recognition by the USPTO of the quality of the search and
examination conducted by the IPA, which will be available for international applicants
in the near future.
The Global Patent Prosecution Highway (GPPH) is a program to accelerate procedures
in one country based on favorable examination in another. The IPA is one of the 17
participating offices and, consequently, new accelerated procedures are now available
to applicants of Israeli patent applications. Similarly, success in the examination of an
Israeli application may be used to accelerate prosecution in other participating states.
For example, the PPH Pilot Program to Deepen Cooperation in the Field of Patent
Examination between the SIPO (State Intellectual Property Office of the P.R.C) and
the IPA was extended indefinitely from 1 August 2016.
Controversial Developments
Loss of a Trademark due to Failure to Register an Authorized User
In Israel, trademark rights are acquired primarily through use; however, registration is
key to acquiring the right to sue for trademark infringement (other than in the case
of well-known trademarks), although an action for passing off may be available to
the owner of an unregistered mark. Furthermore, registration of an authorized user
is necessary for continuing validity of the registered owner's trademark lest the mark
become susceptible to cancellation due to a three year period of non-use.
Patent Protection of Business Methods and Software
The recent practice of the Israeli Patent Office has been relatively conservative in that
methods of doing business cannot be protected by patents.With regard to software-
related inventions, the applicable patentability standards are in a state of uncertainty.
Generally speaking, the prospects of getting a patent for a software-related invention
(other than a business method) are similar to those of the European Patent Office.
Parallel Importation
Israel allows parallel importation, namely the importation of genuine goods from a
country in which they are legitimately marketed. This provides a route by which an
importer, other than the one appointed by the rights owner (parallel importers), may
import genuine goods into the country. The Israeli Supreme Court has defined the
scope of permissible use of registered trademarks by parallel importers, adopting a
relatively liberal approach to parallel importation and to the freedom to use another's
trademark in this context. Nonetheless, the Court imposed restrictions on the
activities of the parallel importer
inter-alia
forbidding the creation of confusion as to
endorsement by the trademark owner.
The various aspects of IP protection in Israel are based on a variety of laws and case
law which have been and continue to be revised and updated in line with technological
and international developments. Through its national legislation, and as a party
to international treaties and conventions, Israel provides a safe and supporting
environment for the protection of IP rights.
The Israeli Ministry of Justice recently published a new draft bill which will
allow the courts to issue orders for the removal of illegal content from the web
even when the author is unknown.