ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
6. Assignments and Licensing 6.1 Assignment Requirements and
use their trade mark in respect of all or some of the goods for which the mark is registered. However, the authorisation to use will not be valid unless recorded in the Trademark Register. Such a trade mark licence may be sole, exclusive or non-exclusive, perpetual or limited in time. The registrar may refuse to record an authorised user if this is likely to mislead the public or if this is against public order. Copyright Licensing of copyright may refer to the copy - right in whole or in part, it may be exclusive or non-exclusive and it may be limited to a certain territory, period of time, or to specific acts with respect to the work. The licence may be perpet - ual. In the case of granting an exclusive licence, a written document is needed. 6.3 Registration or Recording of an Assignment or Licence Trade Marks Authorised users A trade mark licensee should be recorded in the Israel Trademark Register as an “authorised user” in respect of all the relevant trade mark registrations. Use by a person other than the registered owner will not accrue to the trade mark owner unless the other person is recorded as an authorised user. This applies even when the user is a wholly owned subsidiary of the trade mark owner. The registrar will record an authorised user pro - vided that this is unlikely to mislead the pub - lic and is not against public order. Accordingly, when applying to record an authorised user, either the licensor or licensee is obliged to con -
Restrictions Trade Marks
A trade mark may be assigned by a contract or by law, in respect of all or some of the goods for which it is registered, together with the good - will of the business or separately. However, the registrar may refuse to record an assignment if it is likely to mislead the public or if it is against public order. Copyright According to the Copyright Act, copyright may be assigned by contract or by law and the owner of a copyright may grant an exclusive licence or non-exclusive licence with respect to the copy - right. Assignment of the copyright or the granting of a licence may refer to the copyright in whole or in part, and it can be limited to a certain territory, period of time, or to specific acts with respect to the work. In the case of granting an exclusive licence, a written document is needed. However, moral right is personal and non-trans - ferable, and will be available to the author even if such author does not have copyright in the work or if they have assigned the copyright in the work to someone else. After death, the rights are regarded as part of the late owner’s estate. 6.2 Licensing Requirements or Restrictions Trade Mark According to the Israel Trademark Ordinance, a trade mark owner may allow another person to
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