INTELLECTUAL PROPERTY LITIGATION IN ISRAEL

1. Israeli laws provide strict enforcement of Intellectual Property rights. The Law of Patents, The Patents and Designs Ordinance, The Trademark Ordinance, The Copyright Law and The Copyright Ordinance provide civil remedies, and criminal procedures (except for The Law of Patents) against infringers.

2. The Law of Commercial Torts provides civil remedies against acts of “passing off” and unfair competition practices. It also provides protection of rights in goodwill and in proprietary information.

3. The Law of Unjust Enrichment provides under suitable circumstances, civil remedies against acts which infringe upon inter alia rights in all forms of intellectual property, whether registered or unregistered.

4. The Israeli Courts grant under suitable circumstances interlocutory injunctions, and Anton Piller and Mareva Orders. Israeli Courts have gained over the years a sizeable body of precedents in matters of intellectual property, which indicates a growing concern for the protection of intellectual property rights and application of lawful measures to enforce them.

5. Intellectual property contracts signed in Israel, like other contracts in Israel, are under Israeli jurisdiction and governed by the Israeli Law of Contracts, unless otherwise provided in the contract. If the contracting parties have elected that the construction of the contract shall be governed by any foreign law, then the Israeli Courts will construe the contract according to that law.

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