ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
Notices and Symbols Under the Copyright Act, no special notice of copyright is needed. However, as mentioned above, it is advisable to use the copyright sym - bol © or the word “Copyright” to deter acts of copyright infringement. 3.8 Copyright Application Requirements
both considered, but earlier use in good faith, particularly in Israel, will usually prevail. Nevertheless, registration is highly advisable for several reasons, including the following: • not having to establish use and goodwill as a precondition 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 applications for confusingly similar marks; and • registration allows the owner to plan ahead and launch brands according to a pre- planned strategy without worrying about con - flicts with earlier users, as long as the owner filed their trade mark earlier, and started using it in Israel less than three years after registra - tion. 4.2 Trade Mark Register Israel has a trade mark register, maintained by the Israel Patent Office (“ILPO”). The Israeli reg - ister is publicly available online, and includes an up-to-date extract of registered/pending trade marks and essentially the entire official trade mark file. It is common to conduct an availability search before applying for trade mark registration. The ILPO offers a search service. The online trade mark database of the ILPO is also searchable, but this search is less reliable. Common law searches (eg, in the online database of the com -
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 enti - tled to protection according to the Trademark Ordinance. 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 pass - ing off. Furthermore, earlier use may constitute grounds for opposition to or cancellation of a lat - er application. In addition, in the case of conten - tious proceedings between two pending appli - cations, priority in use and priority in filing are
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