ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
1. Trade Mark and Copyright Law 1.1 Governing Law The main statute which provides the primary statutory basis for the registration and protec - tion of trade marks in Israel is the Trademark Ordinance 1972 [New Version] (the “Trademark Ordinance”). The Trademark Ordinance is complemented by the following regulations: • Trademark Regulations – 1940; • Trademark Regulations (Appeals before Dis - trict Court) 1987; and • Trademark Regulations (Implementation of Madrid Protocol) 2007. The relevant legal framework also includes the following statutes: • Merchandise Marks Ordinance 1929; and • Protection of Appellation of Origin and Geo - graphical Indications Law 1965. In addition, Israel recognises common law trade mark rights, primarily by the civil wrong of pass - ing 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/con - ventions:
• Paris Convention for the Protection of Indus - trial Property;
• WIPO TRIPS Agreement; • WIPO Copyright Treaty;
• WIPO Performances and Phonograms Treaty; • Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods; • Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; • Hague Convention Abolishing the Require - ment of Legalisation for Foreign Public Docu - ments; • Lisbon Agreement for the Protection of Appellations of Origin and their International Registration; • Berne Convention for the Protection of Liter - ary and Artistic Works; • Phonograms Convention; • Universal Copyright Convention (Geneva); • Universal Copyright Convention (Paris), 1971; • Geneva Phonograms Convention; • Brussels Convention Relating to the Distribu - tion of Programme-Carrying Signals Transmit - ted by Satellite (1974); • Rome Convention for the Protection of Performers, 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: • Protocol relating to the Madrid Agreement Concerning the International Registration of Marks – Madrid Protocol (1989). Treaties do not have direct applicability unless and until implemented by legislation.
214 CHAMBERS.COM
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