New Design Law In Israel

Author:Mr David Gilat and Sa'ar Alon
Profession:Reinhold Cohn Group

We are pleased to announce that a new Israeli Design Law is coming into force today, August 7, 2018.

The new law replaces the old Designs Ordinance, which dates back to 1924. Among the highlights of the new law are the following:

The new law replaces the alternative requirement for novelty or originality with a cumulative requirement for novelty and individual character. The term of protection for registered designs filed on or after the new law comes into force, will be 25 years, effective from the Israeli filing date (instead of 18 years according to the old act) The new law replaces the requirement for local novelty with a requirement for absolute novelty. With regard to registered designs, a design shall be considered new if an identical design, or a design differing only in insubstantial details, was not published in or outside Israel before the filing date of the Israeli application, or, if priority is claimed, the date on which the prior application was filed; with regard to unregistered designs, it is the date on which the owner of the design, or someone on his behalf, first published in Israel the design or a product bearing the design, in Israel, or outside Israel. A design that is novel and has individual character may be protected as an unregistered design, subject to some requirements. The unregistered design right affords its owner the right to prevent copying of the design by way of manufacturing for commercial use of a similar product, for a period of three years. Disclosure of a design by its owner or by a third party who obtained information on the design from the owner, lawfully or unlawfully, within 12 months prior to the filing date of the application in Israel, or before its priority date, will not be considered prior publication (grace period). The new law provides for statutory damages of no more than ILS 100,000 (approximately (USD 27,000) for each act of infringement. When determining the amount of damages, the court may consider, inter alia, the...

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