ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
12.2 Trade Mark and Copyright Use on the Internet The unauthorised use of a registered trade mark or a confusing trade mark online, including domain names, constitutes trade mark infringe - ment. Trade mark owners may enforce their rights against infringing domain names with the court or request the Israel Internet Association (“ISOC- IL”) to provide an expedited resolution for dis - putes regarding the allocation of domain names under the.IL ccTLD. According to recent case law, the use of a third party’s trade mark in Google AdWords does not constitute trade mark infringement, but the issue has not yet been addressed by the Supreme Court. Regarding copyright infringement on the inter - net, the court may issue an order directed at an “access provider” on the internet, instructing it to limit access to a content source, in whole or in part, if the court is convinced that the content constitutes a violation of copyright when it is made available to the public. In addition, if a person claims there has been copyright violation through an electronic com - munication network, and the identity of the person who committed the alleged violation is unknown, the former person may submit a motion to the court for the disclosure of the iden - tity of the alleged infringer. Regarding statutory damages related to infringe - ment on the internet, the Act states that statu - tory damages will not apply where a work that was previously made available to the public, is made available to the public on the internet, but not by the owner, provided that:
the Supreme Court. Additional appeals may be allowed subject to permission. There is no spe - cific rule concerning copyright or trade mark infringement in this matter. 11.2 Timeframes for Appealing Trial Court Decisions The losing party can appeal to a higher court no later than 60 days after the decision was issued and served. It usually takes between two to three years until the appellate court issues its deci - sion. 12. Additional Considerations 12.1 Emerging Issues There have not yet been any copyright or trade mark decisions or pending litigations pertaining to artificial intelligence. However, in December 2022, the Ministry of Justice published an opin - ion on whether machine learning enterprises can use copyrighted material to train AI sys - tems without the permission of the owners of the works. The published opinion stipulates that, in general, notwithstanding exceptional cases, the use of copyright-protected content for the purpose of machine training will be permissible even with - out obtaining the approval of the rights owners, based on the “fair use” exception recognised under the Act. It should be noted that the opinion was provided only for the learning process carried out by the machine, but did not provide an answer as to the legality of the output of AI systems based on such machine learning, and it was determined that the question of whether the product consti - tutes a violation of the creators’ rights would be decided in accordance with the Act.
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