ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
7.9 Counterfeiting and Bootlegging There are no specific definitions for the term “counterfeit” and accordingly, goods bearing identical or confusingly similar trade marks are considered counterfeits. All procedures, rem - edies and statutes that are pertinent to a claim based in trade mark infringement are also rel - evant to counterfeiting goods, including civil and criminal liability. Regarding counterfeits or bootlegging of copy - right – the remedies are compensation, statutory compensation with no need to prove damages (up to ILS100,000), injunctions, and collection and destruction orders. The courts address counterfeits and/or bootlegging as copyright infringement. In addition, criminal procedures can be taken in cases of commercial trade or import for trade purposes of infringing copies. The maximum penalty is up to five years in prison. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings There are no special procedural provisions regarding copyright or trade mark proceedings. All proceedings are subject to the Civil Proce - dure Regulations. 8.2 Effect of Registration A valid trade mark registration gives the regis - tered owner the exclusive right to use the mark concerning the registered goods and to prevent others from using an identical or confusingly similar mark with respect to the same goods or goods of the same description.
heard by the competent magistrate’s court. Any claim for compensation of injunctive relief above ILS2.5 million, as well as any claim for injunctive relief the value of which cannot be estimated, will be heard by the competent district court. Costs that typically arise before filing a lawsuit relate to warning letters, negotiations, collection of evidence or preparing expert opinions (eg, in cases regarding software infringement and mar - ket surveys). Foreign copyright owners do not need to register to bring infringement claims in Israel. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants In exceptional cases, the infringer may file a claim for declaratory relief and request that the court declares that their actions do not consti - tute a violation of copyright or trade mark (eg, when the dispute is over a legal matter that goes beyond the scope of the dispute between the specific parties). 7.7 Small Claims Under the Civil Procedure Regulations, the par - ties to copyright and trade mark disputes are usually directed by the court to consider the possibility of mediation at the early stage of the proceedings. The parties might also consider approaching an arbitrator. 7.8 Effect of Trade Mark and Copyright Office Decisions Trade mark and copyright decisions on infringe - ment actions are exclusively provided by the courts.
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