79 / 94
/79/
Trademarks, appellations of origin and trade secrets
The British Trademarks Ordinance, which was introduced in 1938, is the basic Law
governing protection of trademarks in Israel. The ordinance has undergone several
amendments primarily aimed at implementing Israel's international obligations under
treaties and conventions such as the TRIPSAgreement (introducing legislative protection
for well-knownmarks).Recent amendments were designed to ensure conformity with the
Madrid Protocol. The BritishMerchandiseMarksOrdinance,which has also been amended,
provides for criminal liability for designating goods by a false commercial description or
counterfeit trademark, providing additional protection to registered trademarks.
Appellations of origin and geographical indications are governed by the Protection of
Appellations of Origin (Geographical Indications) Law, 1965.
The Commercial Torts Law, 1999 regulates the protection of trade secrets and also
provides protection against passing off, false commercial description and other
business-related torts having a bearing on IP litigation.
Copyright
Israeli law of copyright (including copyright protection of software) is governed by
the Copyright Law, 2007. The provisions of the British Copyright Ordinance of 1924
regulate private copying of copyrighted works on blank tapes (recordable media other
than for computer use). The protection of mask work rights derive from the Protection
of Integrated Circuits Law, 5759 – 1999.
The neighboring rights of performers and broadcasters are addressed in the
Performers and Broadcasters Rights Law, 5744 – 1984.
Israel’s IP protection is further shaped by other statutes and regulations relevant to
various specific aspects of IP protection as well as by a constantly evolving body of
case law.
Online issues
The liability of online service providers, including the obligation to remove infringing
materials, is an evolving issue. There are cases in which the courts have ordered local
internet service providers to block access to internet sites that are located outside
of Israel and to disclose the identifying details of infringing users. On the other hand,
we also encounter cases in which the court refused to provide such an order in the
absence of specific legislation. The matter is yet to be decided by the Supreme Court.
Administrative changes
Since 2009 the Israeli Patents and Trademarks Office has improved its computerized
systems in line with the requirements of the Madrid system; it is possible to access
the system for search purposes, filings of trademarks, issuance of certificates etc.
Recently the use of the computerized system was extended to cover filings of
oppositions, evidence and other adversary proceedings.
Under a newly signed agreement between the U.S. Patent and Trademark Office
(USPTO) and the Israeli Patent Authority (IPA), as of October 1, 2014, 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.
The Global Patent Prosecution Highway (GPPH) is a new program that came into