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effect on January 6, 2014 and is a way to accelerate procedures in one country based
on favorable examination in another. The IPA is one of the 17 participating offices, that
also include the USPTO and others, 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.
Controversial Developments
Three-dimensional trademarks
In principle, the Trademarks Ordinance envisages the possibility of registering three-
dimensional (3D) trademarks. On March 2015 the IPO issued a new Circular Letter
which sets forth the current policy of IPO on the registration of 3Dmarks consisting of
the configuration of products or their packaging. Accordingly a 3D shape of a product
or packaging is to be examined like any other mark, in its entirety, and will be eligible for
registration as a trademark in the event that such mark contains additional elements
permitting the identification of the source of the goods, or upon demonstration,
through evidence, of the following three cumulative criteria: The shape of the 3D mark
serves as a trademark; The shape does not have an essentially aesthetic or functional
role; and the shape has acquired a secondary meaning.
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, as such, 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
The Law in 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
importer other than the one appointed by the rights owner (parallel importers) may
import genuine goods into the country. In a recent case 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.
In conclusion, as can be seen, 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 to be 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 ensuring a real and effective priority
to the protection of IP rights.