ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
Reinhold Cohn Group 26A Habarzel Street Tel Aviv 6971037 Israel Tel: +972 3 710 9333/567 2000 Fax: +972 3 560 6405/567 2030 Email: info@rcip.co.il info@gilatadv.co.il Web: www.rcip.co.il/en
1. Trade Mark and Copyright Law 1.1 Governing Law The main statute which provides the primary statutory basis for the registration and protection of trade marks in Israel is the Trademark Ordinance 1972 [New Ver - sion] (the “Trademark Ordinance”). The Trademark Ordinance is complemented by the following regulations: • Trademark Regulations – 1940; • Trademark Regulations (Appeals before District Court) 1987; and • Trademark Regulations (Implementation of Madrid Protocol) 2007. The relevant legal framework also includes the follow - ing statutes: • Merchandise Marks Ordinance 1929; and • Protection of Appellation of Origin and Geographi - cal Indications Law 1965. In addition, Israel recognises common law trade mark rights, primarily by the civil wrong of passing off: • Commercial Civil Wrongs Law, Section 1. The Copyright Act of 2007 (the “Copyright Act” or “Act”) governs copyright in Israel. The Act provides that copyright will not subsist in a work other than in accordance with the provisions of the Act. There is no “common law copyright”.
1.2 Conventions and Treaties/Rights of Foreign IP Holders Israel is a member of the following treaties/conven - tions: • Paris Convention for the Protection of Industrial Property; • WIPO Performances and Phonograms Treaty; • Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods; • Nice Agreement Concerning the International Clas - sification of Goods and Services for the Purposes of the Registration of Marks; • Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents; • Lisbon Agreement for the Protection of Appella - tions of Origin and their International Registration; • Berne Convention for the Protection of Literary and Artistic Works; • Phonograms Convention; • Universal Copyright Convention (Geneva); • Universal Copyright Convention (Paris), 1971; • Geneva Phonograms Convention; • WIPO TRIPS Agreement; • WIPO Copyright Treaty; • Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satel - lite (1974); • Rome Convention for the Protection of Perform - ers, Producers of Phonograms and Broadcasting Organisations; and • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. Israel is registered with the following protocol:
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