ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
• ACUM – an organisation administering the rights assigned to it by its members: authors, composers, lyricists, poets, and music publishers. • The Federation of Records – the Israeli branch of the international organisation IFPI, which promotes and protects the copyright of record companies. • The Federation of Israeli and Mediterranean Music – the organisation that promotes and protects the copyright of Israeli and Mediterranean record companies. • TALI – the Collecting Society of Film and Televi - sion Creators in Israel represents the copyrights of Israeli screenwriters and directors. • ESHKOLOT – the Society for the Performing Rights of Israeli Artists represents all performing artists in Israel. • EILAM – the collecting society of Israeli performing musicians represents musicians in Israel. 3.7 Copyright Registration There is no copyright register in Israel and registra - tion is not required for owners of an original work. Copyright protection is automatic and free from the moment a work is created. However, from a practical aspect, it is advisable to use the copyright symbol © or the word “Copyright” to deter acts of copyright infringement. Notices and Symbols Under the Copyright Act, no special notice of copy - right is needed. However, as mentioned above, it is advisable to use the copyright symbol © or the word “Copyright” to deter acts of copyright infringement. 3.8 Copyright Application Requirements
Industrial designs – the Copyright Act stipulates that there will be no copyright in an industrial design as defined in the Patents and Designs Ordinance or as defined in the Designs Law, 2017-77, unless the design is not used and is not intended to be used for industrial manufacture.
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
Under Israeli law, trade mark rights may be acquired through registration as well as through use (“common law rights”). The latter may be claimed mainly through the civil tort of passing off. Furthermore, earlier use may constitute grounds for opposition to or cancel - lation of a later application. In addition, in the case of contentious proceedings between two pending appli - cations, priority in use and priority in filing are both considered, but earlier use in good faith, particularly in Israel, will usually prevail. Nevertheless, registration is highly advisable for sev - eral reasons, including the following: • not having to establish use and goodwill as a pre - condition to protection; • an infringement of a registered trade mark is a criminal offence, allowing the trade mark owner to file a criminal complaint or to request that the police take action against the infringement; • goods infringing a registered trade mark may be detained at the border by the customs authorities, on their own initiative or at the request of the trade mark owner; • registered trade marks are cited against later appli - cations for confusingly similar marks; and • registration allows the owner to plan ahead and launch brands according to a pre-planned strategy without worrying about conflicts with earlier users, as long as the owner filed their trade mark earlier, and started using it in Israel less than three years after registration. 4.2 Trade Mark Register Israel has a trade mark register, maintained by the Israel Patent Office (“ILPO”). The Israeli register is
See 3.7 Copyright Registration . 3.9 Refusal of Registration See 3.7 Copyright Registration . 3.10 Related Rights
A work which is entitled to copyright protection under the Copyright Act may also be protected by trade mark to the extent that the work is entitled to protec - tion according to the Trademark Ordinance.
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