ISRAEL Law and Practice Contributed by: Eran Bareket, Reinhold Cohn Group
and Address of the Assignee and the Date of Signature No legalisation or notarisation of the signature is required. Furthermore, it is not necessary to file the original form or a certified copy thereof (a simple copy will suffice). Costs for Recording an Assignment There is an official fee of approximately USD72. Professional fees vary significantly. 10.3 Requirements or Restrictions to License an Intellectual Property Right The patentee may give an exclusive or non- exclusive written licence to exploit the invention. An exclusive licence confers the exclusive right to act as if the licensee were the patentee, and it prohibits the patentee from exploiting the inven- tion in Israel. A non-exclusive licence confers the right to exploit the invention to the extent, and on the conditions, prescribed in the licence. A non-exclusive licensee does not have a right to file an action for infringement.
The recordation of licences for registered patents or pending applications is not mandatory under the Patents Act. Moreover, non-recordation of the licence does not affect the validity of the pat- ent (or patent application) involved, nor does it have any bearing on the relationship between the parties to the agreement. Nevertheless, a recordation of an exclusive licence is required in order to assert that licence against third parties. Therefore, a patent licence agreement that was not registered in the Patents Register is generally in effect only for the parties to the agreement. 10.4 Procedure for Licensing an Intellectual Property Right The procedure for recording and licensing an agreement, as well as the cost involved, is simi- lar to that for recording an assignment (see 10.1 Requirements or Restrictions for Assignment of Intellectual Property Rights ).
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