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5.5. PROPRIETARY RIGHTS<br />

58<br />

BUSINESS ENVIRONMENT<br />

Israel is a member of international agreements regarding intellectual<br />

proprietary rights. The following section summarizes legislation regarding<br />

patents, trademarks, copyrights, etc.<br />

5.5.1. Patents<br />

The Patent Act, 1967, regulates the protection of patents in Israel.<br />

Regular patents are protected for 20 years from date of application,<br />

while “patents of addition” are protected for the unexpired terms of the<br />

main patent.<br />

Patents may be granted on the invention of a product or process which is<br />

innovative, and which was never previously used or published.<br />

5.5.2. Trademarks<br />

The Trademarks Ordinance, 1972, and its provisions regulate the<br />

protection of trademarks in Israel. This protection is granted for an<br />

initial period of ten years, and may subsequently be renewed for further<br />

periods of fourteen years each, indefinitely. However, a third party may<br />

challenge trademarks that have not been used for three years or more,<br />

and may request their revocation.<br />

5.5.3. Copyrights<br />

The Israel Copyrights Law regulates the protection of original literary,<br />

musical, artistic, and dramatic works. The protection is granted for the<br />

lifetime of the creator plus 50 years for musical and artistic works, and<br />

70 years for literary and dramatic works. Computer programs are<br />

protected under this law as well.<br />

5.5.4. Commercial Torts<br />

The Commercial Torts Law 1999 is relatively new in the proprietary<br />

rights field, and still in its first years of exercise in Israel’s business and<br />

legislative environment. The Commercial Torts Law incorporates<br />

several commercial torts, mainly exercised as common law by the<br />

Israeli courts up until their reversal into legislation, such as unfair<br />

interference to a business, passing-off, false description and etc. The<br />

innovativeness of the Commercial Torts Law applies especially in<br />

regards to the remedies enacted by it, for example the Anton Pillar court<br />

order.<br />

BDO Israel

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