Intellectual property law in Israel draws heavily on the law of the United Kingdom, but has in recent years gone through emendation and has also been updated and interpreted through case law in accordance with the specific needs of the State of Israel.
In Israel, obtaining a patent allows the inventor to have the exclusive right to stop anyone else from taking advantage of the patented invention.
To successfully obtain protection via a patent in Israel, an invention must be novel, be useful and industrially applicable, and have an inventive step not obvious to a person skilled in the art. The patent must be completely new up until the priority date, or the date the application is first made. Certain inventions or processes cannot be patented, such as curative treatments for the human body and types or species of plants and animals.
In Israel, patents are granted twenty years of protection from the date the application is first filed. Patents for drugs or medication may in limited circumstances be extended for five more years.
If a patented invention is exploited by another person without the patent-holder’s authorization, or if the invention or protected subject matter is used in a manner which is prohibited, infringement of the patent will have occurred and the patent-holder may make a claim. Possible remedies other than monetary compensation may include injunctions.
A trade mark registered in Israel gives the trade mark-holder the exclusive right to the use of the trade mark. Everyone else is debarred from using the trade mark in connection with goods and services that bear similarity to the goods and services for which the trade mark is lawfully used.
Registration of a trade mark is not necessary for the use of a mark, although it is recommended. A distinctive trade mark that has been in use for some time and has become associated with a certain product, service, or brand may still be gain protection in the event of infringement by passing off.
Remedies available to trade mark-holders include monetary compensation or damages, accounts of profits and delivery up. In addition, parties found guilty of trade mark violation may be guilty of criminal offences as well in accordance with the Merchandise Marks Ordinance, which prohibits the wrongful use of trade marks in connection with goods and services. Counterfeiting of trade marks may result in a maximum prison term of 3 years and a fine of up to 1.5 million shekels, as stated in the Trademark Ordinance.
Copyright protection typically subsists until 70 years after the death of the creator. Sound recordings are granted copyright protection for 50 years from the date the master recording is created. Photographs and lithographs are granted 50 years of protection from the date of creation of the first negative. Works of unknown or anonymous creators are granted copyright protection for 70 years from the publication date.
A protected work or substantial extracts from a protected work may not be copied or reproduced or shown to the public without permission.
Remedies granted to a copyright holder may include monetary compensation or damages, injunctions, accounts of profits and delivery up.