The New Israeli Design Law will come into force on Aug 7, 2018. In order to try and keep this report short and simple we will only highlight a few of the most important changes:
Grace Period- publication of a design will not jeopardize its registrability in Israel if published within 12 months preceding the filing date. To our Israeli readers that are interested in protection around the world, it is recommended to file a design application prior to any publication as any kind of publication may jeopardize registration in some countries that do not allow such a grace period.
25 years Duration- The registration duration of all designs that will be registered according to the new law will be 25 years (subject to renewal payments) instead of the current 15 years. Designs that are registered according to the old Ordinance have the option of extending the registration duration to 18 years in total subject to payment of renewal fees.
Unregistered Design Rights- a design that may have been eligible for registration under the design law but was not registered may be protected as an unregistered design and may prevent 3rd parties from coping its design for a period of 3 years.
Customs Seizures- the Customs would now be able to detain products that are infringing a registered design right.
Design protection to graphical symbols and screen displays but not to fonts.
Israel to join the Hague Agreement- the new law includes a chapter pertaining to international designs. Hopefully by the end of 2018 it will be possible to designate Israel as part of an international application under the Hague System.
Absolute Novelty- replacing the requirement of local novelty which was not really local as at some point it also included internet publications with a requirement for absolute novelty.
Statutory Damages- of up to 100,000NIS (approx. $27,500) for each infringement.
Our systems are already operating in accordance with the new law and renewal reminders have been sent accordingly.