INTELLECTUAL PROPERTY RIGHTS IN ISRAEL
First Renewal Term
Subsequent Renewal Term
The Trade Marks Ordinance (New Version), 5732-1972, The Trade Marks Regulations, 1940, The Trade Marks Regulations (Appeal before the District Court), 5748-1987, and The Trade Marks Regulations (Implementation of the Madrid Protocol), 5767-2007 - are the laws governing the mechanism of trademark registration and protection.
For getting a trademark registered in Israel, an application has to be filed with the Trade Marks Department, which administers the entire trademark registration process.
It follows a 'first-to-use' system, which subjects to presenting evidence of prior use of the mark in the country.
Israel follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.
Trademark applications are published for an opposition period of three (03) months during which a third party may file an opposition on absolute and relative grounds.
A trademark registration may remain valid for an unlimited period, subject to renewal ten (10) years after filing and every ten (10) years thereafter.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.
Israel is a member of the Paris Convention for the Protection of Industrial Property.
The Patents Law, 5727-1967 is the main source of patent law. The secondary laws include the Patent Regulations (Office Practice, Rules of Procedure, Documents and Fees), 5728-1968, the Patent Regulations (Extension of Protection ‒ Procedures for Order Application, for Opposition to an order, and for Application for Revocation), 5758-1998, and the Patent Regulations (Application of the Patent Cooperation Treaty), 5756-1996.
For seeking patent protection in Israel, an application has to be filed with the the Israel Patent Office, which administers the entire process of patent grant.
In Israel, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
A notice of pre-grant opposition must be submitted within (03) three months of publication of acceptance of the application. This period is non-extendable.
According to Section 52 of the Patents Law, a patent remains valid for twenty (20) years from the date of filing of the patent application, provided that the renewal fees are duly paid.
The first maintenance fees for one (01) to six (06) years must be paid within three (03) months from the decision to grant a patent. All further maintenance fees are to be paid every four (04) years. The maintenance fees may also be paid for the whole patent validity term at once.
The grace period for annuity payments is six (06) months.
Designs are registered under the Designs Law, 5777-2017, and under the Designs Regulations, 5779-2019.
A new application for registration of a design may be filed to the Patent Office through the Online Filing System (in Hebrew), or by mail, or by personal delivery to the mailbox situated at the entrance to the Patent Office.
The types of industrial design applications that can be filed in Israel include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can't be raised in Israel.
A registered design is valid for twenty-five (25) years from the filing date, which is subject to payment of a renewal fee.
Under the Designs Law, a registered design is protected for an initial period of five (05) years from the filing date, and its validity can be further extended for four periods of five (05) years each, subject to payment of a renewal fee.
However, it is possible to pay the design maintenance in advance for the whole period of twenty-five (25) years.
The Designs Law provides a grace period of twelve (12) months following the first publication of a design. Such a grace period runs parallel to the twelve (12) months within which an unregistered design right owner may turn to the registration route.
Israel is a member of the Bern Convention on the Protection of Literary and Artistic Works and the Universal Copyright Convention. It is also a signatory to the TRIPS Agreement.
The Copyright Act, 2007 - is the basic legislation governing copyright protection in Israel.
In Israel, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. There is no provision to ensure copyright registration.
Copyright in a work subsists during the life of its author and for seventy (70) years after his death.
Copyright in a sound recording subsists for a period of fifty (50) years from the date of its making.
Israel grants protection to performers of literary, dramatic, musical, and artistic works. Subject to certain exceptions, a performer enjoys the exclusive right to authorize any fixation, reproduction, or broadcast of his performance, and to oppose any authorized distribution of such a fixation or reproduction of the performance. The term of protection is fifty (50) years from the date of the performance.