ISRAEL Law and Practice Contributed by: Tal Segev, Segev Tal Sports Law
5. Intellectual Property, Data and Data Protection 5.1 Trade Marks In Israel, trade marks are registered with the Israeli Patent Office in accordance with the Trade Marks Ordinance (New Version), 1972–5732. The process begins with the filing of an application, followed by an examination stage and a period during which third parties may oppose the registration. If no successful opposition is raised, the trade mark is registered. Certain marks are not eligible for registration, including those that contravene public policy or contain racist or discriminatory elements. Generic terms, misleading marks and any sign deemed contrary to public order or morality are also forbidden. Registration confers exclusive rights upon the owner, together with a legal presumption of ownership within Israel, thereby facilitating enforcement and protection of the mark. Notably, Israel recognises well-known trade marks even in the absence of local registration, in line with international obligations under the Paris Convention. As a result, globally recognised sports brands such as Nike or Adidas enjoy protection in Israel even without a locally registered trade mark. 5.2 Copyright/Database Rights Copyright protection in Israel is governed by the Cop - yright Law, 2007–5768, which replaced the earlier Brit - ish Mandate legislation. Registration is not required, as protection arises automatically upon the creation of an original work. For a work to qualify for protection, it must be original and fixed in a tangible form, such as a broadcast, photograph, film or written material. In the sporting context, this includes match broadcasts, club logos, training materials and other related content. That said, registering a logo, name, initials or colours is generally understood to afford broader protection. Israeli professional football clubs are subject to UEFA requirements under the UEFA Club Licensing and Financial Sustainability framework, and must accord -
ingly provide proof of registration of such elements, or at minimum demonstrate the right to use them – a right typically held by the national sports centre, which generally holds the relevant rights on behalf of almost every club, such as Maccabi Israel or Hapoel Centre. The principal defence against infringement is fair use, which in Israel is assessed on a case-by-case basis. In the sporting context, the most contested area con - cerns broadcast rights. Israeli courts have addressed the unauthorised streaming of football matches on a number of occasions, consistently upholding the rights of broadcasters as copyright holders. 5.3 Recognising Personality/Image Rights The principal legal tools in Israel include the Protec - tion of Privacy Law (1981), which prohibits the use of an individual’s name, image or likeness for commer - cial purposes without their consent, and the Copy - right Law (2007), which protects photographs, videos and other creative works featuring an athlete’s image. These frameworks provide both the athlete and the creator with a solid legal basis for protection. Israeli courts have also developed protection through the doctrine of unjust enrichment, essentially holding that where a person profits from the use of another’s image without permission, compensation may be due even in the absence of a formal contractual relation - ship. In addition, individuals have the right to prevent the use of their photograph without consent, particularly where minors are involved. In practice, however, most professional athletes rely on sponsorship and endorsement agreements to safe - guard their rights, rather than depending solely on statutory protections. Conversely, clubs and league organisers typically protect their position through employment contracts, under which athletes grant advance consent for the use of their name and image, often extending beyond the duration of the contrac - tual relationship. 5.4 Protecting Personality/Image Rights In Israel, personality and image rights are also pro - tected under the Commercial Torts Law (1999), which
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