New Law Memorandum on Designs in Israel

Posted on January 24, 2013 by Jonathan Agmon

On Jaunary 13, 2013, the Israeli Justice Department released its long expected Law Memorandum on the Law of Designs in Israel. The Law Memorandum proposed to enact a new Designs Law to replace the law of designs now incorporated in the Patents & Designs Ordinance from 1926.Design
The Law Memorandum specifies the proposed new Designs Law and states that one of the purposes of the new Designs Law (expected to be passed in 2013) would be to cprovide a suitable framework for the Israeli law of designs based on the various developments over the odd 90 years that passed since the passage of the original Ordinance now in effect. The Law Memorandum in Hebrew can be found here. Comments can be filed through the Israeli Government Portal, in Hebrew or Arabic, but not in English, no later than 14 March 2013 here.

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W.L. Gore’s “GUARANTEED TO KEEP YOU DRY” trademark refused registration in Israel on absolute grounds

Posted on January 22, 2013 by Jenny Mazor

On 10 December 2012, the newly appointed Patent, Trademark and Designs Vice Registrar, Ms. Jaclyn Bracha, decided to refuse to accept for registration in Israel the block letter trademark “GUARANTEED TO KEEP YOU DRY” for water proof clothing in class 9, textile in class 24 and clothing, footwear and headgear in class 25. The refusal was made final despite the change in Israeli examination procedure that significantly lowered the barrier for obtaining trademark protection for slogans. The Vice Registrar held that regardless of its definition, “GUARANTEE

D TO KEEP YOU DRY” lacks any distinctive character and therefore may not be registered in Israel, despite the fact it was registered outside Israel.

GoreTex Trademark

The trademark application for “GUARANTEED TO KEEP YOU DRY” in classes 9, 14 & 25 was filed by the U.S. Company W. L. Gore & Associates in August 2008.  Upon examination, the application was refused registration on the grounds that the mark appears to be a promotional slogan. In response, the Applicant submitted written arguments stating that the mark is not merely a slogan used for promotional purposes, but appears on the products. The Applicant also argued that the mark was in use for several years and registered outside Israel. These arguments did not persuade the examiner who issued another letter insisting on the refusal to accept the mark, on the grounds that it is comprised of a descriptive combination of words. In response to this second refusal the Applicant filed another round of arguments stating that the mark is not descriptive for water proof clothing, and if any, should be considered suggestive with respect to these goods. The Applicant argued that the word “DRY” neither describes the requested goods, i.e., clothing, nor suggests of a relation to them, but rather describes the consumer using the product, which stays dry, and therefore should be accepted.

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Israel Supreme Court Decides that There is No Copyright in Teaching Methods

Posted on January 14, 2013 by Hila Moran Cherny

On October 10, 2012 Israel Supreme Court accepted the appeal in the matter of Rivka Muzafi v. Rachel Kabali and ruled that there was no copyrights infringement of Grammar textbooks written by Kabali.

The Israeli Supreme Court decided that there is no copyright in teaching methods. The Supreme Court held that there was no copying of a material and substantial part of the protective work written by Kabali.

Hendrick van Balen the Elder showing the 9 Muses of Greek Mythology

Hendrick van Balen the Elder showing the 9 Muses of Greek Mythology

Further, the Supreme Court held that copyright does not extend to a teaching method, since a “teaching method” is an “idea”. The same applies to the use of certain words in describing certain linguistic phenomena, which can be seen as facts or data which are under the exceptions provided in the law. Likewise, the use of a table does not award copyright therein to the table author, as opposed to the manner in which the table was edited and the classification of its figures, which when meeting the demands creativity and originality, may provide copyrights to the said table author. Continue reading →

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Significant Patent Filing Fee Increase and Change at the Israeli Patent Office

Posted on December 21, 2012 by Jonathan Agmon

The Israel Patent Office (ILPO) is raising its fees. This fee raise is significant in view of previously low fees. The fee raise would bring the ILPO fees in line with other patent offices. Money_MarinusVanReymerswaele

The basic filing fee for a patent application will increase from NIS 1,075 {$297} to NIS 2,000 {$533}. However, individuals and corporations having a turnaround of less than NIS10 million {$2.7M} can enjoy a 40% (NIS1200 {$325}) discount.  The discount is limited for the first application on the same invention. An affidavit supporting the applicant’s status is required for receiving the discount.

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Holon Children’s Museum Found to be Infringing Copyrights

Posted on September 22, 2012 by Hagar Raved

by Don Cymerblit and Hagar Raved

On August 2, 2012, the District Court in Tel-Aviv handed down a decision in the matter of Miriam Bilu V. The Municipality of Holon et al. The claim involves copyrights infringement in the drawings and 3D artistic figures exhibited in the Children’s Museum in Holon.

The Defendants contended that the drawings and artistic figures were based on a literature figures included in a script written by a third person and that this person is the owner of the copyrights in the characters. The defendants further argued that they acquired the copyrights in the characters that the Plaintiff drew in good faith and consideration from the constructor of the museum. The Defendants added that they did not know that the copyrights in the drawings were owned by Plaintiff and in any event, that the drawings were “work made for hire”.

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Israeli Supreme Court holds that Employee May seek Compensation for Invention irrespective of Employee Invention Agreement

Posted on August 22, 2012 by Hila Moran Cherny

Israeli Supreme Court ruled in a precedent decision that an employee who invented something or receives a patent during his work is allowed to demand payment for it from the employer, even if the contract of employment specifically states otherwise and the employee has transferred all the IP rights to the employer.

the Invention of Wine

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Posted in Owenership, Patent, Supreme Court | Tagged |

Additional Recent Changes to the Israeli Patents Act Enter Into Force, Include Third Party Pre-Grant Prior Art Submissions

Posted on August 15, 2012 by Tehila DRUCKMAN-KREMER

As posted here earlier, on July 2012 amendment No. 10 of the Israeli Patent Act 1967 – 5727 (the Act) entered into force.

The Amendment’s most important change that is to be applied by the Patent Office at the end of August 2012 will include the ability of third parties to submit prior art references prior to grant, to force applicants to file patent applications electronically, in addition to the hard copy, and cancelling the Abstract publications at issuance.

 

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Posted in Legislation, Patent | Tagged , |

The Importers of Counterfeit Winnie the Pooh Products Should Have Known That the Products Are Not Genuine

Posted on August 14, 2012 by David Tzvi Selka

The District Court of Tel Aviv-Yafo handed on July 24, 2012 its decision in Disney Enterprise’s lawsuit against Kedar Toys and its manager for importing counterfeit Winnie the Pooh products.

In 2001 the Plaintiff, Disney Enterprise reached an agreement with the English author, A. A. Milne, according to which Disney was assigned various rights in the Winnie the Pooh books, including trademarks, copyrights and the rights to the characters.

The Plaintiff filed the lawsuit after the Customs Authorities detained the Defendants cargo, which contained counterfeit Winnie the Pooh products.

The Plaintiff claimed that the Defendants purchased the counterfeit Winnie the Pooh products from a factory in China that used to manufacture genuine Winnie the Pooh merchandise. The Plaintiff further claimed that the imported products are of low quality and that the Defendants should have known that the products are not genuine Winnie the Pooh products.

The Defendants claimed that the products were purchased from a manufacturer who presented himself as a Disney licensed manufacturer. The Defendants claim that the products were purchased in good faith and they could not have known that they were counterfeit.

The District Court addressed the Defendants’ claim that the products were purchased in good faith and concluded that the Defendants, who engage in the field of toys for more than 40 years can distinguish between genuine products and counterfeit products. The District Court added that as far as the Defendants had any concerns regarding the products, they should have referred to the Plaintiff.

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Posted in Copyright, Court, Customs, Damages, Passing Off, Trademarks | Tagged , |

Commercial Use of Infringing Works is Forbidden even if the Works were Purchased under Market Overt

Posted on August 4, 2012 by Raanan Ben-Ishay

A longstanding dispute involving the famous “Ibn-Shushan Dictionary” led to a key ruling of the Supreme Court regarding the indirect breach of copyright by a party that purchased the goods in good faith under market overt. The Court ruled that although the

Market Peasants

third party may be considered as the legal owner of the goods, he cannot exploit the goods commercially in ways which are reserved to the copyright owner. Any commercial use of the goods constitutes an indirect breach of copyright, and the defense of the market overt does not apply to this scenario.

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Posted in Copyright, Court, Owenership, Supreme Court | Tagged , , |

Whats in a Paw Print – The Iams Company Opposition is Denied

Posted on July 21, 2012 by Jonathan Agmon

The Israeli Trademark Office denied a P&G’s pet food company opposition against a Thai manufacturer of pet accessories & food which filed a trademark application comprising a paw print design. The attempt to claim ownership of a part of trademark, especially acceptable in the field, and which is not used by itself, was refused.

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