preface
preface
preface
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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