ISRAEL Law and Practice Contributed by: David Gilat and Jacob Kasulin, Gilat, Bareket & Co, Reinhold Cohn Group
4.2 Paediatric Extensions At present, paediatric extensions are not available in Israel. 4.3 Paediatric-Use Marketing Authorisations At present, paediatric-use marketing authorisations are not available in Israel. 4.4 Orphan Medicines Extensions At present, extensions for orphan medicines are not available in Israel.
In Israel, undertakings as to damages protect only the respondent against whom the injunction is issued. Third parties – including national health services or HMOs – cannot ordinarily rely on the undertaking or seek compensation under it unless they were formally joined as respondents. Service Under Israeli law, an interlocutory injunction is enforce ‑ able immediately upon lawful service on the enjoined party, assuming all relevant securities were deposited (if necessary). The court will usually provide instruction on how the order is to be served on the respondent, but, in the absence of such, there are several ways to effect ser ‑ vice: a copy of the decision may be served on the respondent themselves, at their home or at their place of business, either via courier or via registered mail, on an adult family member living with them, on a per ‑ son authorised to manage their business, or on their counsel. Where the respondent is a company, service is usually effected by delivering a copy of the order to their registered place of business. In those cases where the respondent is not Israeli, leave for service outside the jurisdiction must be secured, though it would also be possible to effect service by serving the order on a business manager in Israel (if such exists). As for timeframes, the court will usually instruct the applicant to effect service immediately. The applicant is incentivised to do so regardless, as the order would not be enforceable before lawful service is effected. Enforcing Execution If a party against which an interlocutory injunction was issued does not abide by that injunction, the prevailing party may seek to compel the losing party to do so by filing a motion under the Contempt of Court Ordi ‑ nance. Under this ordinance, a non-compliant party is subject to a monetary fine and, in extreme cases, to imprisonment for as long as the breach of the order is taking place. Staying Execution A party against which interlocutory injunctive relief was issued may seek (alongside filing for leave to appeal) a stay of execution from either the court of
5. Relief Available for Patent Infringement 5.1 Preliminary Injunctive Relief Securities
Under Israeli law, issuance of an interlocutory injunc ‑ tion is conditioned on the deposit of an in person ‑ am undertaking by the applicant to compensate the respondent (against which the order is directed) for whatever damages are incurred as a result of the issu ‑ ance of the injunction if the injunction is revoked or if it is reduced in scope. Such an undertaking must be attached to the motion for interlocutory injunction. In addition to the in personam guarantee, and in the absence of extraordinary circumstances requiring oth ‑ erwise, the court shall order the deposit of an in rem guarantee at a sufficient amount at the discretion of the court. As the interlocutory injunction remains in place until a final judgment is entered (if not revoked beforehand), all securities deposited will remain in effect until such a time. The injunction would not go into effect until all securi ‑ ties have been deposited, though the court is author ‑ ised to instruct otherwise. In addition, where the preliminary injunction was filed for prior to the case- in-chief being submitted, the applicant will have seven days from the decision date to file the main claim, with failure to do so resulting in the preliminary injunction’s revocation.
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