Search results - found 23
New examiner guidelines for software-related inventions (International reports)
The Israeli patent registrar has issued new guidelines to determine patentable inventions by clarifying the definition of "technological invention", as defined by Section 3 of the Patent Law. The long-awaited guidelines clarify the Israeli approach regarding software inventions in an attempt to make all Israeli examinations consistent.
Supreme Court upholds rosiglitazone maleate (Avendia) patent despite earlier claim (International reports)
In a case involving a patented drug and its generic versions, the Supreme Court has held that where there is adequate support for a dependent claim and it is fairly based on the specification, the dependent claim can survive even if the independent claim on which it was based was invalidated. It is hoped that this judgment will lay this controversial issue to rest.
Judge finds copyright in ring infringed (International reports)
Jewellery manufacturer H Stern recently sued Aryeh Poziloff for marketing and selling a similar but substantially cheaper version of H Stern's Juliana ring, which is decorated with a seal of Solomon and has five pointed stars engraved inside the band. The case was brought on a variety of grounds, including trademark and copyright infringement, and unjust enrichment.
Patent reform is on the way (International reports)
Further to a 2010 agreement with the US Trade Commission, the Israeli government is finalising an amendment to the Patent Law. The agreement has resulted in the removal of Israel from the blacklist of countries that fail to protect copyright adequately and enabled Israel to join the Organisation for Economic Cooperation and Development. Under the amendment, Israeli applications will publish 18 months after the filing or priority date, as in most Western countries.
Can unjust enrichment justify an injunction during patent opposition period? (International reports)
The Supreme Court has upheld a refusal of the Tel Aviv District Court to grant an injunction to Merck, the applicant for a pharmaceutical patent for Focalin, in order to prevent generic competitors from exploiting a patent during the post-examination opposition period. Merck had cited unjust enrichment as grounds for the injunction.
Supreme Court rules on contributory copyright infringement (International reports)
In an important recent decision the Supreme Court recognised contributory infringement in copyright. Although the case in question related to book publishing, the decision is expected to have repercussions concerning the downloading and reproduction of digital data.
Supreme Court reverses Eve-Eva trademark decision (International reports)
In May 2010 then Deputy Commissioner of Patents and Trademarks Noah Shalev Shlomovits ruled that Eva cigarettes, produced by Aktsionerno Droujestvo Bulgartabac Holdings in Bulgaria, were not confusingly similar to Eve cigarettes, produced by Philip Morris. The Supreme Court recently ruled on Philip Morris's appeal of this decision.
Can ISPs be held guilty for linking to bootleg movies? (International reports)
In a case relating to the download of copyright-protected films, Judge Ofer Grosskopf recently ruled that supporting and displaying lists of links to films was not in itself a culpable act of infringement. He held that provided that an internet service provider has a removal on request policy, it is not culpable for acts of infringement resulting from such links.
Significant amendment to the Patent Law takes effect (International reports)
Further to an agreement with the US Trade Commission, the 10th amendment to the Patent Law has now come into force. The amendment forms part of the revisions to local IP laws and regulations which removed Israel from the blacklist of countries that fail to protect intellectual property adequately and enabled Israel to join the Organisation for Economic Cooperation and Development.
"Hatikvah" a hopeless copyright case (International reports)
“Hatikvah” is the national anthem of Israel. In 2008 a French singer, producer and songwriter and Israeli air carrier El Al both produced versions of the anthem. Perez's claim for copyright infringement was recently rejected by Judge Hadas Ovadia, who concluded that the recordings, taken as a whole, were substantially different.
Supreme Court orders rights holders to fund destruction of infringing goods if importer defaults (International reports)
The Supreme Court recently ruled that rights holders should bear the cost of storing and destroying infringing goods where Customs cannot collect from the importer. The court saw no justification to use public funds to cover the cost of protecting private property, overruling the district court's decision to that effect.
Wrangler takes Crocker to the cleaners (International reports)
For the past 50 years jeans manufacturer Wrangler Apparel Corp has used a W-shaped stitched pattern on the back pockets of its products. Israeli jeans manufacturer Crocker decorated the back pockets of its jeans with design that is arguably a W shape. As a result, Wrangler sued Crocker for, among other things, registered trademark infringement and passing off.
Court gives the OK to parallel importers but use trademarks in moderation (International reports)
The Tel Aviv District Court recently ruled in favour of the Tommy Hilfiger Group after it brought suit against Machsan Hayevuan and its owner Elad Suissa for breach of the rights under the TOMMY HILFIGER trademark. The ruling is a signal to all parallel importers in Israel to review their current practice carefully and to consider whether they are maintaining the proper balance between fair use of their marketed goods and not infringing IP rights.
HOT off the press (International reports)
In a case of alleged copyright infringement committed through the bundling of foreign television channels, Judge Esther Shtemer recently awarded the substantial sum of NIS19 million in damages. Referring to the Supreme Court's decision in Tele-Event, she held that retransmission constituted copyright infringement.
New commissioner of patents and trademarks appointed (International reports)
Asa Kling has been selected to be the next commissioner of patents and trademarks. He succeeds Meir Noam, who held the position for seven years. The position is equivalent to that of a district court judge.
Cat fight: does TIGRIS trademark infringe PUMA's rights? (International reports)
The deputy commissioner has accepted PUMA's opposition to a combination word-image obtained by clothing manufacturer Tigris. However, there appears to be little logic in this decision: it is difficult to see the two marks as confusingly similar, and other companies have marks featuring feline silhouettes so PUMA clearly has no monopoly on such marks.
Israel's new roles under the Patent Cooperation Treaty (International reports)
In June 2012 the Israeli Patent Office will start functioning as an international search authority and an international preliminary examining authority under the Patent Cooperation Treaty (PCT). Since the World Intellectual Property Organisation decided to appoint Israel, the Patent Office has made substantial efforts to meet the necessary PCT requirements.
Judge refuses to charge Levis for cost of counterfeit jeans seizure (International reports)
A Tel Aviv judge recently ruled that Israel Customs was wrong to attempt to charge Levi Strauss & Co for the cost of storing and eventually destroying confiscated counterfeit jeans. The decision highlights one issue that can arise when Customs proactively seizes and holds goods that are suspected of infringing copyrights and trademarks.
Importer prevails against Adidas: four-stripe trainers do not infringe (International reports)
Judge Michal Agmon-Gonen has dismissed claims by Adidas against Galel Yassin, who imported cheap training shoes from China. The shoes have four parallel diagonal stripes on each side and Adidas claimed that this infringed its famous three-stripe logo. The ruling indicates that the judge was not enamoured with recent trends that see brands and trademarks as property in themselves.
3D trademark application for tahini container rejected but for all the wrong reasons (International reports)
AGS Green LTD filed a trademark application for a tahini container in Class 29 of the Trademark Register. The mark consisted of the three-dimensional container that the firm uses for selling its raw tahini paste. The deputy commissioner of patents and trademarks has used the case in question to rule on the trademark registrability of containers for liquids.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email