The Information Technology Landscape in Israel

 

 

Legal Environment

 

Until recently there were very few legal vehicles in place governing the Information Technology industry in Israel. The following section outlines significant changes in Israeli legal framework and the intellectual property laws in Israel.

Patent Law

Israel amended its 1965 Patent Law in 1995; prior to this amendment there was no protection of computer programs or any other software via patents. The only protection for these types of products fell under the national copyright laws (discussed below.) The new patent amendments incorporated both common and civil law as well implemented a system that granted patents to the owner of the first application filed.

The most important amendment to the Patent Law is Section 3 which covers industrial inventions:

Ø  Section 3: “An Invention whether a product or process, which is new, useful and susceptible of industrial or agricultural application and which involves an inventive step is a patentable invention.”

The following covers the new subject matter able to be patented in Israel following the 1995 revision:

Ø       Software inventions

Ø       Microbiological organisms not derived from natures

Ø       Diagnostic methods for humans

 

Other important Patent Information:

 

bullet Patent duration is for 20 years from application date. 
bullet Intensely pro-patent
bullet Absolute requirement for disclosure to the examiner of all prior art
bullet Broad Patent infringement laws
bullet Not limited to make and sell, extends to obtaining financial benefit
bullet Employer has rights to all inventions made by employee

    Israel is party to the World Intellectual Property Organization (27).

Copyright Law

    Israel is currently using the old British Act from 1911 but is about to revise its copyright procedure and regulations. One major problem is that there is no mechanism for copyright registration.

    Current copyright protection includes literary, dramatic, musical and artistic works

Trademarks

    The trademark ordinance was revised in 1972.

o        There is only one trademark registrar in Israel. Trademarks available are:

o        Service Marks

o        Collectives Marks

o        Certification Marks

 

bullet In order to file for a trademark application you must meet the following requirements,
bullet Description to receive mark
bullet Application form with correct Applicant information
bullet Filing Fee
bullet Separate application for each item requiring trademark

 

False description taken very seriously, offenders punishable by criminal law.

bullet Very aggressive in fighting trademark piracy
bullet Prosecuted criminally

Information Source: Reingold Cohn & Partners Patent Attorneys (22)
 

 
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